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Luckily employment law doesn't see it that way. (See Title VII of the Civil Rights Act of 1964).
And while you're there in Title VII, see BFOQ - bona fide occupational qualifications.
As Paul Westerberg once sang about flight attendants (having presumably written the lyrics after a particularly unpleasant flight) - you ain't nothing but a waitress in the sky. Harsh and simplistic, it is nevertheless true that flight attendants are, in part, servers at establishments that serve alcoholic beverages. And in the confined quarters of an aircraft - especially one with but a single aisle - is is a BFOQ that a flight attendant be willing to serve martinis and whatnot to the customers.
This situation is really no different than that of a Jew or Muslim who takes a job as a server at Famous Dave's, then demands not to be required to serve pork. Sorry, because while there are some pork-free dishes at Famous Dave's, serving pork comprises enough of the business that refusing to do so, no matter if one has a religious excuse, constitutes a demand for an accommodation that is not reasonable. So, too, for a server in the sky when the menu includes alcoholic drinks.
Hopefully she gets nothing out of this other than "have a nice day". There are plenty of other jobs where she doesn't have to serve booze. Getting a job in a bar is not advised for a person who doesn't want to serve booze. Planes are basically flying bars. Whether she converted is irrelevant.
I'm going to claim that my religion prevents me from doing most of my job except for a couple of things. That ought to work. Maybe I can sue the company if it doesn't work out. Ah, I object to meetings. I object to using a computer. I object to management. I don't object to sitting in an office, but only three hours a week. I object to working in certain states because the laws of those states violate the beliefs of my religion. Maybe I'll just object to everything. I object to the world.
I feel much safer with 1 less Muslim employed in the air. Whether you are Christian, Jew, Muslim, Atheist or Agnostic, if you refuse to do the basic key parts of your job because of your beliefs, then you need to find another job. I suggest she go work in Saudi...oh yeah, they don't let women work there.
I still don't see that as a problem. It's not like there is some desk clerk holed up with a quill pen in an office at airline headquarters making out the FA schedules. It's all done on computer these days. Just tick a checkbox to not put her on a flight alone, or only assign her short flights that don't serve and run the program. If she doesn't get any hours, well so it goes. At that point they've attempted to accommodate.
Not that different than scheduling a WalMart or any other business that needs a particular level of staff coverage and have employees requesting particular hours, duties or locations. Put in in the scheduling software and what shakes out, shakes out. If it's not acceptable to the employee then the burden shifts to them at that point.
How do you know the scheduling is not that different from Walmart or any other business? Before you can be so cavalier about someone else's work situation you should know how the situation operates. You don't know that "just ticking a checkbox" will get her the flights she needs or will cause the flights she is left off to be shorthanded.
You don't see it as a problem but may be a problem for the person who has to schedule the FA's for their flights computers or no computers. And as I said before, she is probably not the only person who might not want to serve drinks on a flight due to religious reasons. She could be setting a precedent. What then? Will all those who share her beliefs be put in special programs in the computers so they can be given special schedules to meet their needs?
From all I have read and seen about her story, scheduling isn't the issue. She is complaining because she wants her co-workers to cover for her. Period. So I doubt that relegating her to flights that don't serve would solve the problem. She would still be talking lawsuit for the cut back hours.
I think we all should demand to have her jailed as well , what is the difference between Kim Davis and her ? nothing except that this woman is muslim and Kim Davis is a believer and follower of God . So the state of ky throws Kim Davis in jail and yet this muslim woman is free , double standard in this country indeed .
I think we all should demand to have her jailed as well , what is the difference between Kim Davis and her ? nothing except that this woman is muslim and Kim Davis is a believer and follower of God . So the state of ky throws Kim Davis in jail and yet this muslim woman is free , double standard in this country indeed .
One is working in the private sector and is not in contempt of court, the other is an elected official and is being held in contempt of court.
I think we all should demand to have her jailed as well , what is the difference between Kim Davis and her ? nothing except that this woman is muslim and Kim Davis is a believer and follower of God . So the state of ky throws Kim Davis in jail and yet this muslim woman is free , double standard in this country indeed .
Are you being obtuse, or you do you really not understand the difference between the situations?
Kim Davis is a public employee. She holds a post for which the job requirement includes issuing marriage licenses to qualified applicants. Marriage is a fundamental right (yes, it is - see below). As such, Kim Davis is an agent of the state who is denying the civil rights of her constituents. She has defied a court order that she stop denying those civil rights. As an aside, that order was issuing by one David Bunning, appointee of conservative Republican President George W. Bush and son of former conservative Republican Senator Jim Bunning 14 Supreme Court Cases: Marriage is a Fundamental Right | American Foundation for Equal Rights
The Muslim woman is denying no one's civil rights. She isn't a flight attendant because she was appropriately fired for refusing to do her job. Further, being served a drink is not a civil right, so she was never denying anyone's civil rights to begin with.
Kim Davis has the option of joining this Muslim woman in being unemployed. If she resigned her position, she would immediately be freed from jail because she would no longer be in contempt of court because she would no longer hold a position requiring her to do what she has refused to do.
To sum up - Kim Davis is in jail for refusing to do her job, while the Muslim woman has been fired and so has no job to refuse to do.
If it's not obtuseness on your part, you must simply be incapable of telling the very simple difference between situations that aren't even remotely similar.
Regarding scheduling. Yes, it's automated to a point. The main issue would be the scheduling is awarded in seniority order. The more senior a bidder, the better the trips they get. By putting a special 'checkbox' for her, that she is only able to work flights with one flight other flight attendant who also cannot be muslim, it is blocking her from being assigned a majority of trips. Most of their planes, and thus trips, have one flight attendant. She would effectively be bypassing trips that might otherwise be assigned to her due to her seniority, allowing her to operate outside the legally binding contract that every other FA and the company must abide by. The entire rest of the workgroup would be able to grieve this. It would become a legal nightmare to resolve.
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