AUDIO CONFERENCE ON: Religious Workplace Accommodations: The U.S. Supreme Court s Decision in Abercrombie & Fitch

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Blaise Farmer
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1 AUDIO CONFERENCE ON: Religious Workplace Accommodations: The U.S. Supreme Court s Decision in Abercrombie & Fitch June 30, 2015 CERTIFICATE OF ATTENDANCE The undersigned certifies that attended the Religious Workplace Accommodations: The U.S. Supreme Court s Decision in Abercrombie & Fitch Audio Conference sponsored by the Employment Law Alliance. The program consisted of 60 instructional minutes. The program contained no credit for continuing legal education for legal ethics, elimination of bias in the legal profession or prevention, detection and treatment of substance abuse. To be completed by Attorney or Attendee after participation in the abovenamed activity. By signing below, I certify that I participated in the activity described above and am entitled to claim the following continuing education credit hours: Total Hours Signature

2 Religious Workplace Accommodations: The U.S. Supreme Court s Decision in Abercrombie & Fitch Tuesday, June 30, 2015

3 Speakers Moderator Stephen J. Hirschfeld CEO, Employment Law Alliance Partner, Hirschfeld Kraemer San Francisco, CA 2

4 Speakers Adam W. Childers Crowe & Dunlevy Oklahoma City, OK Mary E. Funk Nyemaster Goode Des Moines, IA 3

5 Speakers Michael A. Gamboli Partridge Snow & Hahn Providence, RI Sarah P. Reiner GrayRobinson Orlando, FL 4

6 Religious Accommodations and the Impact of Abercrombie Michael A. Gamboli Partridge Snow & Hahn 5

7 Background Dress/image/appearance policies Accommodation requirements 6

8 Along Comes Abercrombie Facts Issue for Supreme Court Decision 7

9 General Take-Aways 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 8

10 Religious Limitations on Event Participation Sarah P. Reiner GrayRobinson 9

11 He Will Fight, for His Right, to (Not) Party! 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. 10

12 Religious Limitations on Event Participation Conflicts with assigned duties Good faith religious belief The accommodation impact on team members Addressing team member concerns and resentments 11

13 Health and Safety Issues Mary E. Funk Nyemaster Goode 12

14 Safety Issues Related to Dress Code 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 13

15 Grooming Safety Concerns Facial hair Food safety nets Employee health issues respirator Length of hair Piercings/tattoos 14

16 Health Issues Respirators Vaccinations Health care workers 15

17 Religious Accommodation Issues in a Manufacturing Facility Adam W. Childers Crowe & Dunlevy 16

18 Manufacturing Facility Assembly line workers Long hours, mandatory OT Continuity of work very important 17

19 Muslim Employees Requested break time to pray to Mecca Needed time and space and materials 18

20 Religious Accommodation Issues Assembly line down-time Disruption of break schedule Anger and resentment from colleagues 19

21 Other Fall-Out Other religious groups demanded time, space, and materials Questions arose about sincerely held beliefs Wage considerations, including calculation of OT 20

22 Day-to-Day Management Challenges Stephen J. Hirschfeld Hirschfeld Kraemer 21

23 Day-to-Day Management Challenges Proselytizing Bible reading and studying Religious holidays and Sabbaths 22

24 Please Contact our Speakers for More Information Adam W. Childers Crowe & Dunlevy Oklahoma City, OK Mary E. Funk Nyemaster Goode Des Moines, Iowa Michael A. Gamboli Partridge Snow & Hahn Providence, RI Stephen J. Hirschfeld Hirschfeld Kraemer San Francisco, CA Sarah P. Reiner GrayRobinson Orlando, FL 23

25 Please Complete our Survey Please complete the survey that should appear on your computer screen when you disconnect from the webinar. To listen to this webinar again or to any past ELA webinars, please visit our website at: The ELA is not authorized to give continuing education credit for its webinars; however, a Certificate of Attendance and supporting materials are posted on the ELA website (click this webinar s title; the link to the Certificate is on the landing page). Attendees seeking continuing education credit should submit these materials directly to the appropriate organization. 24

Religious Workplace Accommodations: The U.S. Supreme Court s Decision in Abercrombie & Fitch. Tuesday, June 30, 2015

Religious Workplace Accommodations: The U.S. Supreme Court s Decision in Abercrombie & Fitch Tuesday, June 30, 2015 Speakers Moderator Stephen J. Hirschfeld CEO, Employment Law Alliance Partner, Hirschfeld