In this post we talk about the top 5 Myths people believe when it comes to Title VII and their employer. A lot of this misinformation is spread about to keep employees confused, fearful and in the dark when it comes to their rights. We are willing to guess you have heard at least one of these myths.
Hello everyone, my name is Joseph Radzwion IV, your trusted attorney with Radzwion Law, PLLC, and today we are answering whether at will employment, government contracts, a part-time position, public service or on-site work, prevent and employee from filing a Religious Accommodation Request under Title VII of the Civil Rights Act of 1964.
(REMEMBER: this post should not be taken as legal advice and you should always consult a Trusted Attorney with your legal questions.)
1) At will employment:
The question goes something like this. If an employee is at will, can the employer terminate the position for any reason regardless of what the employee does? Generally, and under Michigan law by presumption, employment relationships are terminable at the will of either party. Lynas v Maxwell Farms, 279 Mich. 684, 687; 273 N.W. 315 (1937). However, the presumption of employment at will can be rebutted so that contractual obligations and limitations are imposed on an employer's right to terminate employment. Toussaint v Blue Cross Blue Shield of Michigan, 408 Mich. 579; 292 N.W.2d 880 (1980).
One type of limitation that an employer has is, the employer cannot discriminate against an employee on grounds of race, color, religion, sex and national origin. If an employee has a sincerely held religious belief and the employer has been put on notice of the employee's belief, the employer cannot fire the employee just because the employee is "at will."
2) Government Contracts:
The question goes something like this. An employee who works for ACME Inc. who conducts business with the government through contracts surely has to follow ACME Inc.'s policies when it comes to receiving medications and medical procedures the ACME Inc. mandates right? Generally, No, here is why. If the employee is filing for an accommodation under Title VII based on a sincerely held religious belief, it should not matter who ACME Inc. contracts work with. Any company like ACME Inc. who has been telling their employees "we contract with the government, thus you must go and get the shot/boosters we have no choice." News flash, ACME Inc. is . . . lying.
Under Title VII those who have a sincerely held religious belief are ENTITLED to assert their rights under the law. Title VII does not state an employee's rights are void because the employer contracts with the government. That is completely absurd. In fact, the law provides greater protection for those who can show a connection between a private company that acts as or works along side a public (governmental) entity. That is another topic for a different post. (Don't miss it, Subscribe at: radzwionlaw.com/blog)
3) Part-Time Positions:
The question goes something like this. Does an employee who holds a part time position with a company have the same rights under the law as someone who has a full time position? Generally, Yes. Under Title VII those who have a sincerely held religious belief are ENTITLED to assert their rights under the law. Title VII does not state an employee's rights are void because they have a part time position. Title VII does not make a distinction between part time and full time employment.
4) Public Service / Servants:
The question goes something like this; Can I ask for a religious accommodation and assert my rights under Title VII if I work for the Local Police Department, Fire Department, Clerks Office? What about if I work for the Mayor's office? What about if I work for the Federal Government? The answer is, yes. An employee who works for local, state or even the federal government has the ability to assert their constitutional rights under Title VII and the First Amendment of the United States. Government employee's have the ability to use protections afforded under the Supreme Law of the Land. Under Title VII and the First Amendment of the US Constitution, those who have a sincerely held religious belief are ENTITLED to assert their rights under the law. Title VII does not state an employee's rights are void because they work for the government.
5) On-Site Workers:
The question goes something like this; The type of work I do requires me to be on-site, or in the office. I cannot work remotely and I cannot work from home. Do I still have the right to request a religious accommodation under the law? The answer is yes. Under Title VII those who have a sincerely held religious belief are ENTITLED to assert their rights under the law. Title VII does not state an employee's rights are void because the employee works at a job site or in the office.
YOUR Trusted Attorney:
If you would like to retain Radzwion Law, PLLC as YOUR Trusted Attorney, do not hesitate to contact us. We are here to protect you when you need it most and we will fight for your freedom.
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(REMEMBER: this post should not be taken as legal advice and you should always consult a Trusted Attorney with your legal questions.)
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