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Interesting information - I wonder if the Muslim Judge had anything to do with the outcome in this case.
Star Transport shut down in March of 2015 - the "judgement" is pretty worthless except for the publicity surrounding it, the 20 employees of Star Transport that no longer have a job and the possible precedent for employers.
I do not agree with laws permitting discrimination against religious beliefs during a hiring process, but if a religion - like Islam in this case - makes you unfit to do your job, then you should not be hireable.
This decision places employers in a difficult situation. Should they hire a religious person if said employee's religion is likely to make performing their job difficult? I would think it would be untenable to hire a person who is unable or unwilling to do the job he applied for. So, in practice this decision could easily mean muslims are unqualified to work as air hostess/host, a waiter, a cook, a truck driver, pilot or train driver as all of them may have to deliver or prepare products their religion forbids them to consume. If you take it one level up/away from the products Muslims are also unable to work in administration in many companies or in logistics generally or even stock markets as all may relate to alcohol and pork.
Would you say similar for the Christians at the bakery or pizza place refusing to cater to same sex weddings?
If not, you're demonstrating a major double standard.
If a reasonable accommodation can be made fine, if not, nope.
Easy answer, simple solution. Stop hiring Muslims. Or, in the interview say, "Your job will be to deliver, handle, unload beer. Any problem with that?" If they say yes, have them sign a written document rejecting the job with the job description and don't hire them for that job. Problem solved.
I saw an article about Muslim women at Target who were hired as cashiers. They refused to ring up packaged pork, another cashier had to stop her job, come over to the register and ring up and bag the packaged pork.
The interview question for them would be, "Your job will be to ring up and bag items such as packaged pork. Any problem with that?" If they say yes, have them sign a written document rejecting the job with the job description, don't hire them for that job. Problem solved.
There is something in the law called reasonable accomidation. I don't know enough about this speciifc case, but it seems like they were asking for a reasonable accomidation, by hauling truckloads not containing alcohol. In the case of the bakery,not doing it themselves, but having someone else do it for them would be a reasonble accomidation. but they never made that offer. Kim Davis's case was a bit different considring she was a public employee and refused to follow the law. Not only that, but she could have also gone the reasonable accomidation route by giving them job to someone else in her office. Not only did she not do that, but she flat out refused to allow her deputy clerks from issuing the licenses. That is really why she was held in contempt, and she was released when she agreed to abide by the reasonable accomidation, not do it herselff, but not innterfere with the clerks from doing so.
oh yeh! yes I believe there is something in the law called reasonable accomodation for people with religious beliefs. If someone at a workplace refuses a certain job due to their religious belief the employer needs to give that duty to someone else. With Kim Davis yes she refused her fellow deputy clerks from issuing licences and that the biggest reason why she was jailed. I believe bakeries also need to do that too.
IANAL, but this seems to set a bad precedent. Hire people who cannot perform essential job duties due to it violating their religion, which makes no sense for business. But to not hire them you risk discrimination suits. It's seems like a damned if you, damned if you don't scenario. What a crazy world. Just another reason religion is blight.
Beverly Butcher worked as a laborer for the company for 33 years when the company switched to a biometric hand scan to record employee hours. She refused because biometric hand scanning violated her religious beliefs as an Evangelical Christian. The company refused to accommodate her and she filed a complaint with references to the sign of the beast, with the EEOC.
In August, a jury awarded Beverly $587,000 for failure to accommodate her religious beliefs.
There are all kinds of religions out there with restrictions that would interfere with normal work practices. The problem is that no one has to disclose their religion when hired, yet if their religion interferes with an employee's ability to perform the work, the employer can be held liable for not accommodating them. This is a stupid system by design.
You can't refuse a person an position of employment due to their religious beliefs either. It is against the law. There is another case where a woman was refused employment as the company had a policy of a no hijab rule at the workplace. That person sued the company and won. US Muslim wins hijab case against Abercrombie & Fitch - Al Jazeera English
There are several historical cases where the EEOC has sued fast food employers on behalf of members of Pentecostal Church which does not allow women to wear pants.
EEOC has also sued retailers and healthcare providers on behalf of former employees who were members of the 7th Day Adventist Church which does not permit working on Saturdays.
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