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Old 03-30-2015, 06:00 PM
 
Location: Seattle, WA
150 posts, read 319,517 times
Reputation: 83

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My employer has already done it once, but this time they would be encroaching quite a bit.

1) There are two other people in my home that work, and both have different days off than I do, so that we can all be with my pre-k child (she goes to school Thursday & Friday, which my wife has scheduled days off on). I have Saturdays, and Sundays, and our other family member has Tuesdays and Wednesdays. Mondays the child is out of the home at relatives'.

2) My employer wants to switch me to 9-6 instead of 8-5, despite plenty of other people being available (without families) to change, and despite there already being someone on the clock until 6 to do the job that they manager is wanting done. This would encroach on religious activities.

I have not been approached about the schedule change officially, but my team leader has warned me that the manager is thinking about it. Out of the five people available to be there later, only two of us have families and are religious.

I'm pretty sure that the whole religious bit protects me, but I want to ask to make sure about the religious and family aspect of it all. Google hasn't turned anything up.


Thank you!
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Old 03-30-2015, 07:56 PM
 
Location: East of Seattle since 1992, originally from SF Bay Area
28,411 posts, read 50,646,420 times
Reputation: 28669
The EEOC regulations with regard to religion provide for reasonable accommodations that may include flexible scheduling, "unless doing so would cause more than a minimal burden on the operations of the employer's business." If your religion, for example, has services only at a specific time of day on a work day, the employer might let you work different hours that day. If the religious commitment requires you at that time every day, and there are other employees who could take those hours, it would seem a reasonable solution. Keep in mind, however, that the EEOC discrimination laws only apply to employers with 15 or more employees. If yours has less than that, you have no protection at all.



Religious Discrimination
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Old 03-30-2015, 09:12 PM
 
Location: Seattle, WA
150 posts, read 319,517 times
Reputation: 83
Many more employees than that.

What if we do not attend a church? We practice at home.
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Old 03-30-2015, 10:00 PM
 
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
20,802 posts, read 37,487,214 times
Reputation: 20864
It is always good to have this conversation with your boss BEFORE it escalates, but...

Congratulations, WA is a 'right-to-work' state...

i.e. "can be terminated without cause." / you work for the benefit and WILL of your employer. (within 'broad' legal interpretation).

If you want to have your own hours, you need to be your own employer.

It is the 'Perfect scenario' for you!
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Old 03-30-2015, 10:07 PM
 
35,121 posts, read 37,842,380 times
Reputation: 61845
Quote:
Originally Posted by uRabbit View Post
My employer has already done it once, but this time they would be encroaching quite a bit.

1) There are two other people in my home that work, and both have different days off than I do, so that we can all be with my pre-k child (she goes to school Thursday & Friday, which my wife has scheduled days off on). I have Saturdays, and Sundays, and our other family member has Tuesdays and Wednesdays. Mondays the child is out of the home at relatives'.

2) My employer wants to switch me to 9-6 instead of 8-5, despite plenty of other people being available (without families) to change, and despite there already being someone on the clock until 6 to do the job that they manager is wanting done. This would encroach on religious activities.

I have not been approached about the schedule change officially, but my team leader has warned me that the manager is thinking about it. Out of the five people available to be there later, only two of us have families and are religious.

I'm pretty sure that the whole religious bit protects me, but I want to ask to make sure about the religious and family aspect of it all. Google hasn't turned anything up.


Thank you!

So you want special treatment first because there are others "without families" who you say are available
and
you want special treatment second because you are religious?

I guess it is just fine to "assume" that someone without a family is available because they only have work and no other life outside of work that their activities would be encroached upon.

Do you think maybe they could have "religious activities" as well?
They may have an invalid or ill parent they stay with and cannot make other arrangements.
They may volunteer somewhere, at a Church, a homeless shelter, a soup kitchen (run by a Church).

You should put in writing a very detailed reason why you are unable to work the hours your boss wants to switch you to.
You should also put in writing a very detailed reason why your cow-workers without families should be the ones changing their hours.
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Old 03-31-2015, 08:59 AM
 
Location: Washington State. Not Seattle.
1,897 posts, read 2,089,463 times
Reputation: 2230
I think that, if it came down to a legal battle with L&I involved, you would probably not have much ground to stand on. Religious reasons based on a non-structured religion that involved one hour every night seems like it would be pushing the boundaries of being "reasonable" to me. Just IMO and I'm not an attorney.

I would appeal to your boss's sense of decency and compassion, but unless you had specific hours agreed upon and written down when you were hired, I don't think you have much of a fight, unfortunately.
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Old 03-31-2015, 09:40 AM
 
Location: Seattle, WA
150 posts, read 319,517 times
Reputation: 83
What about severe disruption of a household? Two others' full time schedules are synced up with mine so that our child can be with family when not in school. Me working one hour later would quite literally mess all that up.
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Old 03-31-2015, 10:29 AM
 
Location: Seattle
6,359 posts, read 8,553,444 times
Reputation: 3324
Quote:
Originally Posted by uRabbit View Post
My employer has already done it once, but this time they would be encroaching quite a bit.

1) There are two other people in my home that work, and both have different days off than I do, so that we can all be with my pre-k child (she goes to school Thursday & Friday, which my wife has scheduled days off on). I have Saturdays, and Sundays, and our other family member has Tuesdays and Wednesdays. Mondays the child is out of the home at relatives'.

2) My employer wants to switch me to 9-6 instead of 8-5, despite plenty of other people being available (without families) to change, and despite there already being someone on the clock until 6 to do the job that they manager is wanting done. This would encroach on religious activities.

I have not been approached about the schedule change officially, but my team leader has warned me that the manager is thinking about it. Out of the five people available to be there later, only two of us have families and are religious.

I'm pretty sure that the whole religious bit protects me, but I want to ask to make sure about the religious and family aspect of it all. Google hasn't turned anything up.


Thank you!
So, if I want to work the schedule I want, I should become religious.
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Old 04-01-2015, 08:22 AM
 
Location: Washington State. Not Seattle.
1,897 posts, read 2,089,463 times
Reputation: 2230
Quote:
Originally Posted by uRabbit View Post
What about severe disruption of a household? Two others' full time schedules are synced up with mine so that our child can be with family when not in school. Me working one hour later would quite literally mess all that up.
Well, considering that the vast majority of all working families have to deal with this to some extent - and is the reason that daycare exists - I don't think that excuse will get you out of this change.
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Old 04-01-2015, 04:58 PM
 
Location: Old Bellevue, WA
18,794 posts, read 13,589,390 times
Reputation: 7921
Find-A-Lawyer - NELA Exchange

Get a lawyer rather than posting on CD. My guess would be that you don't have recourse, but it's just a guess.

An even better approach is to be a rainmaker for your outfit. Then you will get your way in a dispute like this. If you produce, you will tend to get a 'yes' in response to requests.
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