Help me understand the logic

[Mntneer]

Religious liberty is in our First Amendment. Would a church be discriminating against someone by not performing a gay marriage? Would a mosque be discriminating against someone by not allowing a Jewish party at the mosque? SCOTUS already held that Hobby Lobby could not be forced to provide insurance coverage for certain drugs that violated their religious beliefs and therefore discriminate against those employees that want those drugs.

There is frequently tension with Constitutional rights that butt up against each other. The courts have striven to find ways to accommodate both rights using the undue burden rule.

 

[mule_eer]

How do you define "reasonable accommodations" ? The fact is that the EEOC does indeed pick and choose. The pick and choose game goes on under every administration, be it Repub or Dem.

I think reasonable accommodations is pretty straight forward in most cases. If I have loads that include alcohol, I don't give those loads to these 2 drivers. That may mean that they miss a turn in the rotation every once in a while. Now, if we are dealing with a small company that has 3 or 4 drivers, you have an issue. If I'm an alcohol distributer, we definitely have an issue. For a normal, large trucking company, this is not a major pain - hence they can offer reasonable accommodation.

 

[bornaneer]

I think reasonable accommodations is pretty straight forward in most cases. If I have loads that include alcohol, I don't give those loads to these 2 drivers. That may mean that they miss a turn in the rotation every once in a while. Now, if we are dealing with a small company that has 3 or 4 drivers, you have an issue. If I'm an alcohol distributer, we definitely have an issue. For a normal, large trucking company, this is not a major pain - hence they can offer reasonable accommodation.

Sounds like you do a good job and try to be reasonable. However, what would you do if an employee sued you for making certain accomodations that showed favor ? Thats one of the arguments against Unions. A good lawyer would most likely cost you a lot of money.

 

[mule_eer]

Sounds like you do a good job and try to be reasonable. However, what would you do if an employee sued you for making certain accomodations that showed favor ? Thats one of the arguments against Unions. A good lawyer would most likely cost you a lot of money.

One way you could work it is to offer them the load that contains alcohol, noting that the load contains alcohol. Let them turn it down. In that case you are offering them the opportunity to do the job, and it is their option. You could easily treat everyone the same way in that regard. I'm no HR specialist, but it seems easy enough to treat everyone the same way in that respect. This can't be that different than having drivers licensed for different cargo - hazardous or the like.

 

[DvlDog4WVU]

One way you could work it is to offer them the load that contains alcohol, noting that the load contains alcohol. Let them turn it down. In that case you are offering them the opportunity to do the job, and it is their option. You could easily treat everyone the same way in that regard. I'm no HR specialist, but it seems easy enough to treat everyone the same way in that respect. This can't be that different than having drivers licensed for different cargo - hazardous or the like.

Except the hazardous loads require specific licensing to haul.

 

[mule_eer]

Except the hazardous loads require specific licensing to haul.

I realize that. I'm just saying that the rotation could work sort of like that. I think we're trying to solve a problem that isn't a big problem. If special treatment is allowing people to turn down work because it offends their religious sensibilities, I guess we let everybody turn down work.

 

[DvlDog4WVU]

I realize that. I'm just saying that the rotation could work sort of like that. I think we're trying to solve a problem that isn't a big problem. If special treatment is allowing people to turn down work because it offends their religious sensibilities, I guess we let everybody turn down work.

I've stayed out of this conversation. I am in agreement with you, I was just pointing out the HazMat argument was not directly correlative to the situation. I understand and agree with your overarching theme though.