Is this legal?

[maidao2001]

What is the name of your state? Tennessee

I am asking this question on behalf of a friend of mine. She was recently hired to work at a convalescent home as a nurse. During the interview process, and when she was hired, nothing was said to her about the religious orientation of her employer.

However, during her training, she was asked to make the following pledge, in addition to having to pray afterwards.

"Everything I do, I serve to Jesus Christ and the healing ministries of the church strengthening and nurturing the church and Christ's teachings"

She is an atheist, and some of the people hired and being trained at the same time are both Buddhist and Jewish. As you can imagine, the pledge they were asked to make, as well as the "Christian" style of praying is making them very uncomfortable to say the least. Out of fear they could lose their jobs, they went along with it.

This can't be legal. What recourse do they have to keep their jobs, but not be forced to participate in something that is clearly against their own personal beliefs?

 

[mitousmom]

Is the home run by, or a part of, a religious organization? Was anyone told that s/he would be terminated if s/he didn't participate? Was it a one time event or are employees required/asked regularly to make the pledge and/or pray?

 

[maidao2001]

No, it is not run by or part of a religious organization.

No, no one was told they would be fired, but she felt strong pressure that her not participating would be met with disapproval so she didn't take any chances.

Yes, they are asked to pray regularly. The pledge on the other hand was a one time deal.

 

[seniorjudge]

Other than being offensive to her religion (atheism), are there any other damages?

Buddhists (or some of them at least) are atheists. How do they handle it?

 

[seniorjudge]

No, it is not run by or part of a religious organization.

No, no one was told they would be fired, but she felt strong pressure that her not participating would be met with disapproval so she didn't take any chances.

Yes, they are asked to pray regularly. The pledge on the other hand was a one time deal.

Okay...you said that twice.

 

[seniorjudge]

No, it is not run by or part of a religious organization.

No, no one was told they would be fired, but she felt strong pressure that her not participating would be met with disapproval so she didn't take any chances.

Yes, they are asked to pray regularly. The pledge on the other hand was a one time deal.

Okay...you said that twice.

 

[maidao2001]

Sorry, the process for deleting double posted messages was a little unclear.

She is made to feel uncomfortable during prayers. Many of the current employees discuss their religion at work which is not only accepted but encouraged, causing more discomfort whenever they ask her to join them.

In my opinion, atheism has become the new "gay" - she is afraid to come out of the closet, for fear of the retribution she could suffer. Isn't this akin to harrassment?

 

[seniorjudge]

Sorry, the process for deleting double posted messages was a little unclear.

She is made to feel uncomfortable during prayers. Many of the current employees discuss their religion at work which is not only accepted but encouraged, causing more discomfort whenever they ask her to join them.

In my opinion, atheism has become the new "gay" - she is afraid to come out of the closet, for fear of the retribution she could suffer. Isn't this akin to harrassment?

Yes, you said all that before.

I can't see anything in your post that constitutes religious discrimination.

Can you give us FACTS (and not feelings)?

 

[maidao2001]

So being pressured by your employer to participate in religious activities against your own beliefs, during work is perfectly fine and legal then?

Hypothetically, what if her co-workers make fun of buddhists, jews or atheists at work, would that be considered religious discrimination?

Other than being offensive to her religion (atheism), are there any other damages?

Buddhists (or some of them at least) are atheists. How do they handle it?

Well, according to my post, the Buddhist present was also made to feel uncomfortable. Why would they handle it any differently?

 

[mitousmom]

I'm not convinced that anyone is being pressured to pray. And, there is nothing to suggest that anybody is making fun of anyone's religion or anything else.

Nonetheless, if your friend's sincerely held religious beliefs prevent her from praying in the form practiced by her employer, she should request a religious accommodation, either not to pray or to pray in a manner acceptable to her religious beliefs. However, that will mean she will have to identify her religious beliefs.

Maybe your friend is in the wrong business. I would expect there will be lots of praying going on in a convalescent home. If she can't tolerate hearing others pray or discuss religion, I would imagine that she's going to have continuing problems working in the home.

 

[wesawitbleed]

your friend has a right to not join in on prayer. she can be asked to be excused during the prayer but her employer does not have to allow it nor can she retaliate due to your friends religious beliefs if she just doesn't repeat the prayer along with them. for the type of setting the work place is it would be best for her to take it in one ear and out the other.

http://www.eeoc.gov/policy/vii.html

 

[DesertRuby]

Out of the closet

Your friends' religious beliefs are protected by the Federal Government. Your friend should have had to sign a Federal disclosure regarding religious rights at the time of hiring by the employer acknowleging these rights. If your friend did not sign this disclosure because it was not provided....the employer is in violation of the law.
Once the employer knows of your friends religion and knowingly violates it (by requesting time spent at work doing procedures against this religion), your friend can file a retaliation complaint with the EEOC. But until the employer is made aware of the religion of your friend, the employer has to go by what they "are made aware of".
Your friend has to come out of the closet. I would suggest that a dated letter addressing your friend's religious preference be given to management to "be entered into the employment file" of your friend. I would also suggest that this letter be signed and dated by management if not the owner that it has been received and your friend keep the original signed letter and issue a copy for the employment file.
Once the letter has been officially received by the employer, any violations that occur after that issued letter will be protected for sure.

 

[mlane58]

Your friends' religious beliefs are protected by the Federal Government. Your friend should have had to sign a Federal disclosure regarding religious rights at the time of hiring by the employer acknowleging these rights.

And please tell us all, where is that form? I have been an HR professional for 25 years and have never heard nor seen that form. Do you even know what the hell you talking about?

Once the employer knows of your friends religion and knowingly violates it (by requesting time spent at work doing procedures against this religion), your friend can file a retaliation complaint with the EEOC.

Unless the employer takes some form of adverse action against the employee because of their religion, then it isn't retaliation.

I would suggest that a dated letter addressing your friend's religious preference be given to management to "be entered into the employment file" of your friend. I would also suggest that this letter be signed and dated by management if not the owner that it has been received and your friend keep the original signed letter and issue a copy for the employment file.

So what! Unless the employee requests an accomodation, the employer isn't obligated to do anything, let alone sign and date a letter from the employee stating what their religious beliefs are.

 

[seniorjudge]

Your friends' religious beliefs are protected by the Federal Government. Your friend should have had to sign a Federal disclosure regarding religious rights at the time of hiring by the employer acknowleging these rights. If your friend did not sign this disclosure because it was not provided....the employer is in violation of the law.
Once the employer knows of your friends religion and knowingly violates it (by requesting time spent at work doing procedures against this religion), your friend can file a retaliation complaint with the EEOC. But until the employer is made aware of the religion of your friend, the employer has to go by what they "are made aware of".
Your friend has to come out of the closet. I would suggest that a dated letter addressing your friend's religious preference be given to management to "be entered into the employment file" of your friend. I would also suggest that this letter be signed and dated by management if not the owner that it has been received and your friend keep the original signed letter and issue a copy for the employment file.
Once the letter has been officially received by the employer, any violations that occur after that issued letter will be protected for sure.

As a public service, please put on all your posts that you have no idea what you are talking about and that you are merely making wild guesses.

Thank you.

 

[anteater]

My religion involves snake handling. Can I request that my employer allow me to bring a half dozen or so timber rattlers to work? And, if they refuse, can I file with the EEOC?