Religious Workplace Accommodations: The U.S. Supreme Court’s Decision in

Abercrombie & Fitch

Tuesday, June 30, 2015

Moderator

Stephen J. Hirschfeld CEO, Employment Law Alliance Partner, Hirschfeld Kraemer San Francisco, CA shirschfeld@HKemploymentlaw.com

Speakers

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Adam W. Childers Crowe & Dunlevy Oklahoma City, OK adamchilders@crowedunlevy.com Mary E. Funk Nyemaster Goode Des Moines, IA mef@nyemaster.com

Speakers

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Michael A. Gamboli Partridge Snow & Hahn Providence, RI mag@psh.com Sarah P. Reiner GrayRobinson Orlando, FL sarah.reiner@gray-robinson.com

Speakers

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Religious Accommodations and the Impact of Abercrombie

Michael A. Gamboli

Partridge Snow & Hahn

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• Dress/image/appearance policies • Accommodation requirements

Background

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• Facts • Issue for Supreme Court • Decision

Along Comes Abercrombie

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• Do not assume • Do not hide behind facially neutral policies • Do focus on job requirements • Do train managers to involve HR • Do understand the risks of dress/image/

appearance policies

General Take-Aways

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Religious Beliefs that Interfere with Job Duties

Sarah P. Reiner GrayRobinson

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• A newly hired employee walks into the HR Director’s office and advises the Director that he is prohibited from participating in or even attending resident birthday celebrations because of his religious beliefs.

• The employer’s facility holds birthday celebrations for the residents: (i) daily; (ii) once per week; (iii) once per month.

• The employee’s position is: (i) Caregiver/CNA; (ii) Activities Coordinator.

He Will Fight, for His Right, to (Not) Party!

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• Conflicts with assigned duties • Good faith religious belief • The accommodation impact on team

members • Addressing team member concerns and

resentments

Religious Limitations on Event Participation

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Health and Safety Issues

Mary E. Funk Nyemaster Goode

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• Allowable religious apparel turns on safety • OSHA and company safety requirements

– Would the accommodation actually impose an undue burden? Head coverings Loose fitting clothing Kirpan Jewelry Uniforms

Safety Issues Related to Dress Code

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• Facial hair – Food safety – nets – Employee health issues – respirator

• Length of hair • Piercings/tattoos

Grooming – Safety Concerns

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• Respirators • Vaccinations

– Health care workers

Health Issues

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Religious Accommodation Issues in a Manufacturing

Facility

Adam W. Childers Crowe & Dunlevy

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• Assembly line workers • Long hours, mandatory OT • Continuity of work very important

Manufacturing Facility

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• Requested break time to pray to Mecca • Needed time and space and materials

Muslim Employees

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• Assembly line down-time • Disruption of break schedule • Anger and resentment from colleagues

Religious Accommodation Issues

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• Other religious groups demanded time, space, and materials

• Questions arose about sincerely held beliefs

• Wage considerations, including calculation of OT

Other Fall-Out

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Day-to-Day Management Challenges

Stephen J. Hirschfeld Hirschfeld Kraemer

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• Proselytizing • Bible reading and studying • Religious holidays and Sabbaths

Day-to-Day Management Challenges

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Please Contact our Speakers for More Information

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Adam W. Childers Crowe & Dunlevy Oklahoma City, OK adam.childers@crowedunlevy.com Mary E. Funk Nyemaster Goode Des Moines, Iowa mef@nyemaster.com

Sarah P. Reiner GrayRobinson

Orlando, FL sarah.reiner@gray-robinson.com

Michael A. Gamboli Partridge Snow & Hahn Providence, RI mag@psh.com Stephen J. Hirschfeld Hirschfeld Kraemer San Francisco, CA shirschfeld@hkemploymentlaw.com

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