Prayer break on Friday

[Mischa251]

I hired an Electrician today. We reviewed his offer letter which stated work hours were 7am - 330 pm. He signed and agreed to the terms. Towards the end of orientation he stated that he’s Muslim and goes to church to pray on Friday afternoon from 1:15 to 2:15 when I reviewed the break policy which states that you must take a daily lunch break and can’t leave early. This is when he asked if he could get this accommodation. This is a huge disruption and I would like to know if I have any legal recourse to rescind offer or at least tell him we can not accommodate.

 

[LdiJ]

I hired an Electrician today. We reviewed his offer letter which stated work hours were 7am - 330 pm. He signed and agreed to the terms. Towards the end of orientation he stated that he’s Muslim and goes to church to pray on Friday afternoon from 1:15 to 2:15 when I reviewed the break policy which states that you must take a daily lunch break and can’t leave early. This is when he asked if he could get this accommodation. This is a huge disruption and I would like to know if I have any legal recourse to rescind offer or at least tell him we can not accommodate.

Why can't 1:15-2:15 be his lunch break on Friday?

 

[Mischa251]

There is only a half hour lunch break from 12-1230.

 

[PayrollHRGuy]

The following is from a Q&A on the EEOC web site.

I am a computer specialist at a software company downtown. As a devout Muslim, I am required to attend prayer services at my mosque for a short period on Friday afternoons. Obviously this conflicts with my work hours. Can I ask for the time off to attend services?
You can ask your employer for permission to attend services. When an employer's workplace policies interfere with its employee's religious practices, the employee can ask for something called a "reasonable accommodation." A "reasonable accommodation" is a change in a workplace rule or policy to let you engage in a religious practice. Your employer is required to provide you with such an accommodation unless it would impose an undue hardship on the employer's business. This means the employer is not required to provide an accommodation that is too costly or difficult to provide. The key is that you should work closely with your employer in finding an appropriate accommodation.
Whether your employer can accommodate your religious practices will depend upon the nature of the work and the workplace. Usually, your employer can allow you to use lunch or other break times for religious prayer. If you require additional time for prayer, your employer can require you to make up the time.
There are many situations in which the accommodation of Islamic religious practices may not impose a monetary or administrative burden on the employer for example, allowing an employee to utilize appropriate space for prayer. However, each situation is different. If the accommodation would impose a burden on the employer that cannot be resolved, the employer is not required to allow the accommodation. If your employer is unsure of its obligations to provide you with religious accommodations, feel free to contact EEOC with your questions.

 

[Mischa251]

The following is from a Q&A on the EEOC web site.

Thanks

 

[Mischa251]

Why can't 1:15-2:15 be his lunch break on Friday?

Sorry forgot to add that by the time he would get back to work from this, it would be quitting time.

 

[LdiJ]

Sorry forgot to add that by the time he would get back to work from this, it would be quitting time.

So you are saying that it will take him an hour and 15 minutes to get to the mosque, 1 hour for prayer time, and an hour and 15 minutes to get back?
It really does not seem that you are trying to find a solution.

 

[Mischa251]

What I’m saying is that prayer time is 1:15 to 2:15. I don’t know how long it will take him to travel depending on the job he’s assigned on. Let’s assume it’s a half hour. That would mean he has to leave at 12:45 and would not get back to the job until 2:45. Leaving 45 minutes left to work. Also an additional hour for travel. In the construction world that doesn’t leave time to do much under strict deadlines I’m trying to find solutions here but hearing this information after work hour terms were agreed upon does not give me lot of options

 

[PayrollHRGuy]

If there is no time that he could make up the hours and because you are on job sites that the distance to his place of worship you have a pretty good argument for not being able to make an accommodation. I wouldn't resend the offer though. I would simply say you can't make the accommodation. Let him turn down the job.

There is one option if it wouldn't cause too much problem at your job site. Let him leave early on Friday. I know what you said about your break policy not allowing early leave but this isn't just leaving early it is an attempt at a reasonable accommodation for a protected class. Does your company have an HR department? If so you should really kick this up to them. If you don't should kick it up to your superiors.

 

[LdiJ]

What I’m saying is that prayer time is 1:15 to 2:15. I don’t know how long it will take him to travel depending on the job he’s assigned on. Let’s assume it’s a half hour. That would mean he has to leave at 12:45 and would not get back to the job until 2:45. Leaving 45 minutes left to work. Also an additional hour for travel. In the construction world that doesn’t leave time to do much under strict deadlines I’m trying to find solutions here but hearing this information after work hour terms were agreed upon does not give me lot of options

In your working area, what honestly are the odds that it would take half an hour, most of the time, for him to get to the mosque?

 

[Mischa251]

Pittsburgh traffic. Very good odds

 

[Mischa251]

If there is no time that he could make up the hours and because you are on job sites that the distance to his place of worship you have a pretty good argument for not being able to make an accommodation. I wouldn't resend the offer though. I would simply say you can't make the accommodation. Let him turn down the job.

There is one option if it wouldn't cause too much problem at your job site. Let him leave early on Friday. I know what you said about your break policy not allowing early leave but this isn't just leaving early it is an attempt at a reasonable accommodation for a protected class. Does your company have an HR department? If so you should really kick this up to them. If you don't should kick it up to your superiors.

 

[Mischa251]

Thank you. I appreciate the feedback

 

[cbg]

Let me just say that hypothetically, if you were to refuse him an accommodation and he were to take legal action over it, I'd rather be representing him than you.

And I used to be the one that taught employers about making accommodations and did the investigations when claims were made.

 

[Mischa251]

Let me just say that hypothetically, if you were to refuse him an accommodation and he were to take legal action over it, I'd rather be representing him than you.

And I used to be the one that taught employers about making accommodations and did the investigations when claims were made.

Thank you, just throwing this out there....would there be any consideration in our favor, that he signed and agreed to the working conditions (hours) but didn’t mention his prayer accommodation until after doing so?