A hypothetical question involving claims of religious discrimination

Discussion in 'Random Thoughts' started by peacefuljeffrey, Jan 29, 2005.

  1. peacefuljeffrey

    peacefuljeffrey Senior Member

    What do you think of this?

    Let's say a guy wants a job as a cook at IHOP. He is Muslim. Isn't allowed, by his religion, to eat pork, or have to do with pigs, right?

    Well, of course, IHOP has bacon, and sausage, and maybe even pork chops. It would be his job to cook them, touch them, etc. (Of course no one will force him to eat them.)

    Is it religious discrimination (and actionable) if IHOP tells him, sorry, you can't have the job, because it requires you to do stuff, as a general practice, that you say you won't do because of your religion?

    And what if the guy starts out working for IHOP and THEN becomes a Muslim and even though he's been doing the pork stuff, he now says he'll do the rest of the job but not that. Would IHOP be right to fire him? Or is it fair to legally require IHOP to absolve him of the duty of doing the pork stuff and have someone else take care of that?

    Me, I think that the guy should be out of luck if he wants to do a job that he then won't fully do. (Regardless of whether he's a new applicant or a current employee who converts.)

    What if a Jewish guy wanted to work as a lobster fisherman? He could then go in and the law would say they have to hire him, but then he could sit on the boat and NOT catch lobsters, because his religious beliefs are protected?

    I wanna see what you all think about this.

  2. Soulless||Chaos

    Soulless||Chaos SelfInducedExistence

    If he can't/won't perform his duties as an employee, why should they continue to employ him?
  3. madcrappie

    madcrappie crazy fish

    what? thats ridiculous!! thats like a job telling me (since Im catholic) that I cant work during lent because we serve meat (beef, pork, chicken) during that time. its not like he is consuming it.

    what if you are a veggie, and your job thought it would be of your best interest not to work there because you serve beef and pork?? come on. thats just stupid.
  4. peacefuljeffrey

    peacefuljeffrey Senior Member

    What?? I think you have it turned around.

    I'm asking, what if the job is the job, and the employee is not willing to do aspects of the job, on account of his religious beliefs?

    My question does not have anything to do with the employer telling the employee that because he's Muslim he can't handle the pork. It's about would they be "discriminating" if they said, "Look, if you won't cook the pork because you're Muslim, you can't work for us because the job involves doing that."

  5. daisymae

    daisymae Senior Member

    It would be discriminating if you didn't hire them because they are Muslim, however it's not discriminating to ask them to do the same job as everyone else for the same pay. If they won't do the job, they don't get the job, it's that simple.
    Besides, if someone felt THAT strongly about their religion, why would they want to work in a place that is so sinful to them?
  6. Xac

    Xac Visitor

    i think daisymae summed it up well but it is stupid question to begin with... enough said.
  7. dhs

    dhs Senior Member

    Most states have "at will" laws these days to protect employers - meaning they can fire an individual really for any reason at all. I run the banquet department at a large hotel. When an employee becomes injured for whatever reason and can no longer carry trays to serve food, I lay them off temporarily. It is unfortunate, but it clearly states in the job description that the position requires the employee to be able to continously lift 25 lbs and occasionally have to lift 50 lbs. If they are a valued employee I do everything I can to help find them another position within the hotel that would be considered 'light duty', but that isn't always available.

    If an employee can't complete a job function for whatever reason, whether it be physical limitations or religious beliefs, then the employer has every right to lay that individual off and that is not discrimination.

    Now, I also will not hire someone of faith if they refuse to work Friday evening into Saturday (sabbath for jewish people) or Sundays (devote christians). When I interview someone I make it quite clear that working in a hotel is a 24/7/365 in terms of flexibility. If they want Saturdays or Sundays off - go work at a bank.
  8. BraveSirRubin

    BraveSirRubin Members

    All strong believers in Political Correctness should be shot. It is absured.

    He should be fired on the spot if he refuses to work...

    If you are a muslim...don't work at bloody IHOP...
  9. Xac

    Xac Visitor

    'He should be fired on the spot if he refuses to work...

    If you are a muslim...don't work at bloody IHOP..."

    thats why the question is so stupid becuase the answer is obvious and boring, just seems like an attempt to a have some sort of controversial debate that just didnt work out...

    So who thinks the nazis were racist?
  10. mynameiskc

    mynameiskc way to go noogs!

    a devout muslim wouldn't work for ihop because they're not allowed to handle pork products anyway. they can't be tainted by it. i'm fairly certain it would take care of itself. he or she would probably quit. my old church had strict believers in not working the sabbath. unless their job was in health care, if they couldn't get the sabbath (saturday) off, they'd quit.

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