The \"reasonable accommodation standard\" is also used in order to allow employe

Question

The "reasonable accommodation standard" is also used in order to allow employees religiousfreedom at work. Imagine that your company has recently decided to implement a security system that requires employees to use a finger print to sign into the building and other restricted areas. As the HR Business Partner for the Corporate Headquarters Offices, you are responsible for assisting with the implementation of this new system.

George Jessup is an accounting manager and a fundamentalist Christian who interprets this new system as offensive to his religion. In the Book of Revelations, believers are told not to allow anyone to subject them being "marked by the Beast." He is asking for an accommodation to be exempted from having his finger print recorded. Unfortunately, he rode in the elevator with your boss this morning. George made his case for a reasonable accommodation; your boss laughed, saying it was a "preposterous request." Later in the afternoon, Desiree, an employee who lost two fingers in an accident when she was a child, asked for an exemption. Not knowing what happened in the elevator this morning, the employee's immediate manager told her he was sure it would be fine to exempt her from the requirement. George and Desiree carpool together and shared their very different experiences. George left a message on the President's voice mail saying that he would be late tomorrow morning because he was going to the EEOC on the way to work. The President calls you at home about 9:00 pm and asks you to "fix this mess" and to meet him at 8:00 with your ideas.

1. What are the legal issues?

2. The HR issues?

3. Your recommendations to fix the situation?

Explanation / Answer

Answer: (1) The EEOC guidelines prohibit religious discrimination. In these guidelines there is a protection granted to employees for their religious beliefs and treating someone differently because of his religious beliefs is a legal offense. In this situation exemption is provided to Desiree because of her physical disability but not to George who was asking the same exemption based on his religious faith. This discrimination may result in an EEOC action against the company based on religious discrimination.

(2) The HR issue here relates with providing the exemption in the rules of the security system. The exemption to the system need to follow the reasonable accommodation standards but at times there is a very thin line between reasonable and unreasonable. Thus in this case the HR issue is to provide the reasonable accommodation to the employees in the new security system and accommodate all the employees like George.

(3) My recommendation in this situation is that first the HR needs to talk to George and make him understand that the security systems need to follow strict guidelines for implementation. It is required that the George is made to understand that Desiree case is very different and as she does not have two fingers hence she cannot in any way follow this system. If he does not accommodates then he should be given exemption in order to avoid a legal action.        

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