MINNEAPOLIS, MINNESOTA, March 24, 2007: Walgreens, the pharmacy giant with stores in 47 states, doesn’t require its pharmacists to fill prescriptions that violate their moral or religious beliefs – accommodating some pharmacists’ opposition to birth control, for example. Creighton University, a Catholic Jesuit university in Omaha, Neb., does not perform abortions at its hospital or teach the procedure to the medical students there – accommodating the institution’s opposition to abortion. Ever since the Puritans prohibited certain commercial activities on Sundays in the 1600s – so the faithful could spend their Sabbath in worship – workplaces have accommodated at least some religion-based work limitations.
The principle just popped up again in the Minneapolis area, when some Muslim cashiers at Target stores refused to scan customers’ pork products on religious grounds. Target had them flag another employee to do the scanning, but within days of news reports and hours of talk radio devoted to the topic, Target changed its policy. Cashiers who refuse to ring up pork products are given other positions, a policy already in place at other area grocery stores.
“Here in Minnesota we’re seeing a lot about the issues brought by Muslims into the workforce, but certainly I can tell you these are issues employees from all the various faiths bring to work with them,” said Andrew Voss, an employment lawyer who represents management, in the Minneapolis office of Littler Mendelson. “The United States is a very religious society, and we have very strong ideas about legal protections for our faiths,” Voss said.
The law on this is Title VII of the U.S. Civil Rights Act of 1964, which prohibits religious discrimination in the workplace. It requires employers to make “reasonable accommodations” for an employee’s religious beliefs – “reasonable” being anything that doesn’t create an “undue hardship” on the employer or on co-workers. This has led to all manner of clashes. Voss mentioned a few, mostly handled by his firm:
– A large retailer strictly limited jewelry and makeup worn by employees who work with the public. The company allowed a Hindu woman more latitude in facial jewelry but decided not to accommodate another employee who said she wore a tongue ring as part of her religion’s requirement of daily suffering.
– At another company, several conservative Christians read Bibles throughout a diversity training because they objected to its focus on accepting gays and lesbians. They were disciplined for their protest. They alleged they’d been singled out because of their religious views. They won, because the court was convinced plenty of other employees weren’t really paying attention in the training session, either.
Across the U.S. workforce, employers often arrange Saturdays off for Jews and Seventh-Day Adventists to observe their Sabbaths, said Bette Novit Evans, a professor of political science and international relations at Creighton University.