Jacksonville, FL asked in Employment Law for Florida

Q: If a company changes a work schedule when employee needs to be off for a religious Holiday, can that employee be fired?

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1 Lawyer Answer
Annette Newman Esq.
Annette Newman Esq.
  • Stuart, FL
  • Licensed in Florida

A: It is a violation of Title VII to discriminate against an employee based on the employee's religion. To establish a prima facie case of religious discrimination under Title VII, a plaintiff must establish that he had a bona fide religious belief that conflicted with an employment requirement, that he informed the employer of his belief, and that he was discharged for failing to comply with the conflicting employment requirement. The burden of proof then shifts to the employer to show that it was unable to reasonably accommodate the employee's beliefs without undue hardship.

A reasonable accommodation does not have the accommodation the employee requests, but must be a "reasonable accommodation." Examples include switching the employee's schedule to accommodate religious holidays, giving an employee time off to attend church services, etc.

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