Kentucky clerk sued for not issuing same-sex marriage licenses

[matt wade]

Title VII of the Civil Rights Act of 1964 prohibits employers with at least 15 employees, as well as employment agencies and unions, from discriminating in employment based on race, color, religion, sex, and national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an EEO investigation. With respect to religion, Title VII prohibits:

Title VII requires an employer, once on notice that a religious accommodation is needed, to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship. Under Title VII, the undue hardship defense to providing religious accommodation requires a showing that the proposed accommodation in a particular case poses a “more than de minimis” cost or burden. Note that this is a lower standard for an employer to meet than undue hardship under the Americans with Disabilities Act (ADA) which is defined in that statute as “significant difficulty or expense.”

Things in the real world are not quite cut and dry. All employer has to do is prove undue hardship. Undue hardship can be proven via another employee having to cover your shift.

 

[Don]

But if there's an employee that can cover the shift, then it's not undue hardship on the employer. If the other employee is able and willing to work the shift, then the employer has the responsibility to arrange the shifts to meet the law.

 

[revmwc]

Things in the real world are not quite cut and dry. All employer has to do is prove undue hardship. Undue hardship can be proven via another employee having to cover your shift.

Many a day I was working 7-12's and always allowed to take the morning off and come in after the lunch break.