Many people believe this hook-line-and-sinker and it Violates Employees Rights
In previous posts, we have covered "Two Lies" we often encounter when it comes to employee rights and the mandates from their employers, but this post covers the lie that is by far the biggest and most threatening to every employee out there. This lie is at the top of the list and so many people believe it hook-line-and-sinker. Here is the biggest lie any employer can tell: "We are not accepting religious accommodation request, period."
Hello everyone, my name is Joseph Radzwion IV, your trusted attorney with Radzwion Law, PLLC, and this post we are answering whether employer's can create a policy that prevents an employee from submitting a religious accommodation request. The short answer is, No.
An employer who employs fifteen or more employees is going to be subject to Title VII of the Civil Rights Act of 1964. This means the employer cannot discriminate (or treat their employees differently) based on race, color, religion, sex and national origin. Many times the way an employer will treat employees differently is through a company wide policy that the employer will hide behind. The employer will say. "look we are not discriminating against anyone because the policy applies to everyone equally." That doesn't mean the policy will avoid discriminating against every employee.
Example: An employer says: "We are not accepting religious accommodation requests from anyone." The policy may apply to every employee but the only employees who are going to be discriminated against are those who are religious and want to submit a accommodation request. The employees who agree with the employer's mandatory cookie policy are not actually affected by such policy and therefore avoid the discrimination.
Under Title VII an employer cannot restrict or prevent an employee from submitting or requesting a religious accommodation. An employee who has a legitimate objection to a policy is free to assert their objection under Title VII
Under Michigan law an employer is deemed to have been put on notice when an employee makes a verbal or written request for an exemption. “A notification method may be reasonable and constitutional if employing the method is ‘reasonably certain to inform those affected’ Sidun v. Wayne County Treasurer, 481 Mich. 503, 510 (2008). The employee is only required to ensure the method used to provide notice is reasonably certain to inform the employer.
In Sum, employers who claim they have a policy of "we are not accepting religious accommodation request, period." Have no regard for the law and are a threat to employee rights.
How did we get here:
Employers everywhere are violating the rights of their employees and are getting away with it. This is in part due to the society we live in where employees and the population at large do not know what their rights are. Schools don't teach our children their rights and adults think someone else will protect their rights for them. This is a very dangerous attitude. Rights are like muscles, if you don't exercise them, they go away. This happens through bad court decisions, politicians, and the uneducated voter.
It is your job, not somebody else's job, to stand for your rights and defend freedom. You need to take the time to educate yourself. Whether you look through our posts or playlists titled "Learn My Rights" or you look elsewhere, we encourage you to get educated before it is your job or family on the line.
YOUR Trusted Attorney:
If you would like to retain Radzwion Law, PLLC as YOUR Trusted Attorney, do not hesitate to contact us. We are here to protect you when you need it most and we will fight for your freedom.
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