How do you handle an employee who refuses to work mandatory overtime due to their religion? We’ve offered a temporary solution to the employee but he is emphatic about not working any Saturday o/t.

Title VII of the Civil Rights Act and the EEOC uphold an employee’s right to religious accommodation. But, the caveat is that the accommodation is not a hardship on the employer. You must document all of your efforts to assist this employee and consider all possible accommodations. Ask yourself these questions: Are there any part-time workers who do this job? Is there another position that would allow Saturdays off? Do you have other employees or past employees who have needed a similar accommodation – regardless of the reason – and how did the company handle the situation?

Sadly, the courts have seen employers who disagree with a worker’s religious beliefs and act negatively out of prejudice. And, there are employees who use religion as a means to get special treatment at work. But, the Supreme Court has ruled that – legally – no one can tell anyone what their diety requires of them and no one is in a position to say that another’s belief is wrong. So, you are treading in waters where the employer will often be considered guilty if the employee were to press the issue.

In the end, you may have to tell the employee they must choose. But, be sure you have done your best to work out the accommodation and document all steps. Finally, be sure that there are no traces of prejudice. Religion is a hot topic, as we all know. So, don’t get caught up in appearing to penalize an employee due to a belief that is not commonly held by most in your organization.

I hope this helps!