Federal Law prohibits religious discrimination of job applicants and employees by employers. Under Title VII of the Civil Rights Act of 1964 employers are required to provide a reasonable accommodation for religious those beliefs in the workplace. State law also reflects the rights of employees to avoid workplace obligations that place them in direct conflict with their sincerely held religious beliefs.

The most common pressure points between employers and religious employees seeking accommodations include scheduling (not working on religious holidays) and dress code violations (wearing head coverings).

Healthcare employers face unique accommodation requests, including:

• The right to decline mandatory vaccinations;
• The right to refuse to perform or participate in certain medical procedures, such as abortion or gender selection; and
• The right to refuse to dispense or administer certain medications, such as oral contraceptives.

The law protects employees from performing procedures or participating in the dispensing of medications that violate their religious beliefs. This does not imply that the worker has a right to jeopardize the workplace by means of a religious objection. Rather, an emergency room doctor or nurse has a legal obligation to care for a patient in urgent care, even if it goes against their sincerely held religious beliefs.  The employer has an obligation to accommodate the worker’s religious beliefs in any manner reasonably necessary, unless the accommodation would cause the employer or its patrons to suffer an undue hardship.

The employer is required by law to find a reasonable solution to the workplace conflict. Finding a reasonable solution may take some time, so it is most appropriate to address the issue when healthcare workers are not facing an emergency situation. Once the employee has notified the employer of the problem, the employer should take the time to understand the employee’s beliefs and figure out how they may properly apply in the workplace setting.

If the employer is not able to provide a reasonable accommodation within the worker’s job description, and there is no reasonable alternative the employer could provide without compromising patient care, then the worker should be transferred to another department, if possible.  If not possible, then the worker will lose his or her position. The worker does not have the legal right to intimidate or threaten the employer, or in any way demand that the healthcare provider refrain from administering a specific type of care, nor does the employer have the legal right to retaliate against the worker for bringing up a difficult subject.  Workplace retaliation is as unlawful as the underlying claim of religious discrimination.

If you have a workplace dispute, or believe you are the victim of workplace discrimination, the lawyers at Hanan M. Isaacs, P.C., are here to help you. We offer a reduced fee initial consultation to discuss your legal issues.  We also offer flexible consultation hours at our convenient Kingston, N.J., location.  Call 609-683-7400 or contact us online today to schedule a near-term consultation.  You will be glad you did.