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The Emergency Department in a regional midwestern hospital
Lisa H., a registered nurse, has worked triage in the Emergency Department in a regional midwestern hospital for 12 years. Originally from New Jersey, she was a nonpracticing Jew until her late 20s. Now, approaching 40, she has become increasingly committed to religious observance. She keeps kosher at home, bringing her own food to staff lunch meetings. She has been able to use vacation time for the major High Holy Days, but would like to be shomer shabbos (follow strict sabbath observance) and has requested a permanent schedule change from her supervisor, with a written explanation attached, to reflect her need to not work any Friday afternoon through Saturday evening. The supervisor refused her, saying it would not be fair to the other nurses, that Lisa should also try to “fit in more—be part of the team,” as the others perceived her as “standoffish.” When Lisa said it was a religious requirement for her, the supervisor said maybe she should “. . . consider going back to New Jersey where she’d be more comfortable.”
How do you feel about Lisa’s request? How might this request be honored? Was the supervisor culturally competent in this situation? If Lisa were to discuss the issue at a team meeting, how could she present her concerns? What does EEOC say about honoring employees requests for time off for holidays?
Full Answer Section
How might this request be honored?
Schedule Adjustment:
The hospital should explore options for adjusting Lisa's schedule. This could involve swapping shifts with other nurses, adjusting the overall schedule, or utilizing per diem nurses to fill gaps.
A flexible scheduling system or a rotating weekend schedule could also be implemented, ensuring fairness among all nurses.
Open Communication:
The supervisor should engage in open and respectful dialogue with Lisa to understand her needs and explore potential solutions.
A collaborative approach, involving Lisa and other team members, could lead to creative solutions that accommodate everyone's needs.
Policy Review:
The hospital should review its policies on religious accommodation and ensure they comply with relevant laws and regulations.
Clear and transparent policies can prevent misunderstandings and ensure fairness.
3. Was the supervisor culturally competent in this situation?
No, the supervisor's response was clearly not culturally competent.
Lack of Empathy:
The supervisor dismissed Lisa's religious needs and made insensitive remarks about her personal life and religious choices.
Discriminatory Language:
Suggesting that Lisa "go back to New Jersey" because of her religious practices is discriminatory and creates a hostile work environment.
Failure to Accommodate:
The supervisor failed to explore reasonable accommodations and instead focused on the perceived inconvenience to other employees.
Lack of understanding:
The supervisor clearly does not understand that religious accomidation is a legal right, and not a favor.
4. If Lisa were to discuss the issue at a team meeting, how could she present her concerns?
Lisa should present her concerns in a professional and respectful manner:
Focus on Religious Accommodation:
Clearly explain her religious needs and the importance of adhering to her Sabbath observance.
Emphasize her commitment to her job and her willingness to work with the team to find a solution.
Highlight Legal Rights:
Without being confrontational, she could mention the legal protections for religious accommodation under Title VII of the Civil Rights Act of 1964.
Propose Solutions:
Offer specific suggestions for schedule adjustments or other accommodations.
Express her willingness to be flexible and collaborative.
Maintain Professionalism:
Avoid personal attacks or accusatory language.
Focus on the facts and the need for a fair and equitable solution.
5. What does EEOC say about honoring employees requests for time off for holidays?
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on religion.
Reasonable Accommodation:
The EEOC requires employers to provide reasonable accommodations for employees' religious beliefs and practices, unless doing so would cause undue hardship to the employer.
This includes accommodating requests for time off for religious holidays and observances.
Undue Hardship:
Undue hardship is defined as a significant difficulty or expense to the employer.
The EEOC emphasizes that mere inconvenience to the employer or other employees is not considered undue hardship.
Interactive Process:
The EEOC encourages employers and employees to engage in an interactive process to find reasonable accommodations.
Non-Discrimination:
Employers cannot discriminate against employees based on their religion, including hiring, firing, or other terms and conditions of employment.
In Lisa's case, the hospital has a legal and ethical obligation to provide reasonable accommodation for her religious needs. The supervisor's response was inappropriate and potentially discriminatory.
Sample Answer
This scenario presents a complex interplay of religious accommodation, workplace dynamics, and cultural sensitivity. Here's a breakdown of the issues and potential solutions:
1. How do you feel about Lisa’s request?
Lisa's request is reasonable and grounded in her religious beliefs. As an employee, she has the right to request reasonable accommodations for her religious practices, provided they don't create undue hardship for the employer.
The fact that she has already demonstrated a commitment to her job and has used vacation time for religious observance shows her dedication. It's understandable that she now seeks a more consistent and sustainable schedule.