As part of this series about what companies should do in vexing situations, last week, I offered up a case of employees speaking different languages at an organization. The owner felt that many tongues were causing many problems. Click here to find out how he handled—maybe mishandled?—the issue.
Meanwhile, here’s a new case for you to consider:
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A local transportation company has entered into an agreement with a fast-food restaurant chain to run a promotion for which the business’ bus drivers must hand out the eatery’s coupons to boarding passengers. The coupons entitle riders to a free hamburger for taking the bus on specific days. One driver, however, refuses to participate. He claims his vegetarianism precludes him from giving out coupons. What should the company do?
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Check back next week to discover how the organization addressed this problem. In the meantime, please offer your opinions below.
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The promotion, a joint venture between California’s Orange County Transportation Authority (OCTA) and fast-food chain Carl’s Jr., required bus drivers to dole out coupons to boarding passengers, who could then redeem the voucher for a free hamburger at the eatery. But Bruce Anderson, an OCTA bus driver for more than five years, refused to hand out coupons due to his belief that killing animals for food is wrong. Consequently, on the first day of the promotion, OCTA removed Anderson from his route and suspended him without pay.
This is where things got dicey. Anderson’s attorney, Gloria Allred, insisted that after getting booted from his bus, he met with company and union reps, during which time he proposed several accommodations, including working at a desk for the remaining (three) days of the promotion. He also offered to have coupons on the bus in a basket for riders. According to Allred, the OCTA spurned such offers and fired Anderson.
Not exactly, said the OCTA, which insisted that it issued a notice about the promotion a month prior to commencement so that if any drivers had problems, the company would work with them. For instance, the OCTA claimed that when some Hindu drivers voiced concerns, the organization offered them the option to change their work days or allow drivers to place coupons atop the fare box, as well as take the day off. Anderson, says the company, waited until the last moment to raise his objection. And when he did, the agency maintains that it was willing to accommodate him.
Regardless of whom you believe, the EEOC filed a religious discrimination suit against the transportation agency on behalf of Anderson.
Perhaps you’re wondering how this turned into a religious matter. It turns out that like Christianity or Hinduism or any other faith, vegetarianism is also a legal religion. Sort of. The EEOC interprets religion more broadly than the colloquial definition to include “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.”
Ultimately, the EEOC was able to win a $50,000 settlement for Anderson. A ruling stated that the agency should’ve accommodated the employee’s vegetarian beliefs. [/dropshadowbox]
