With the total eclipse of the sun upon us, here are a few burning questions to consider:
What if Employees Leave Without Permission?
Undoubtedly you have already had some employees call in sick and a few others are likely in the next couple of hours to leave due to sudden “illness” (we’ll call it “sun stroke”). If so, it is best not to overreact and just apply your ordinary rules. Has the employee followed the call-in procedure? Have they provided adequate notice?
If you deviate from your ordinary practice and insist on a doctor’s note for such an absence when you would not do so otherwise, the employee very well may find a basis (e.g. race, age, gender) for claiming that you are singling them out for discriminatory reasons.
Are We Liable if We Host a Viewing Party and Someone Gets Hurt?
While everybody should now be aware of the potential for eye injury from viewing the eclipse directly, it would be best to remind your employees of that danger. Refer them to appropriate government or news websites that explain how to view – and not to view – the eclipse. If you have “eclipse glasses” available, make sure they are the proper type (e.g. NASA approved) and encourage employees to share.
This can be a fun team-building experience and can help control against stragglers who will want to go out on their own and may not find their way back very quickly after the big event. Still, be sure that employees behave safely and appropriately.
Can Someone Claim a Religious Basis for Missing Work?
There is a possibility that employees will claim that they require a religious accommodation to be off for the eclipse. This is more than merely being a well-tanned “sun worshipper” – many religion incorporate the properties and particularities of the sun into their belief systems and observances.
Religion is a protected class under both federal law (Title VII) and Minnesota law (The Minnesota Human Rights Act). The prohibition against religious discrimination includes an obligation to afford reasonable accommodation to an employee’s religious practices. This obligation is not as extensive as its counterpart under the Americans with Disabilities Act (ADA) and requires only a minimal response. Still, the obligation exists.
The term “religion” is broadly defined under Title VII and covers a wide variety of religious beliefs and practices. This includes not only the more commonly-known and so-called “major religions” but also, according to the U.S. Equal Employment Opportunity Commission (EEOC) “religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others.”
Of course, the protection only exists if the employee is guided by beliefs that are truly religious in nature and are “sincerely held.” if the employer has a bona fide doubt about the basis for the accommodation request, a limited inquiry is permitted into the facts and circumstances of the employee’s claim that the belief or practice at issue is religious. For example:
– Has the employee behaved in the past in a manner markedly inconsistent manner with what is being professed now?
– Is the timing or nature of the request suspect, e.g. did the employee originally request the time off for reasons other than religion?
– Are you hearing from other employees that this is not a sincere request?
Remember, however, that people can change over time and it is possible that employees have in fact incorporated a new belief system into their lives.
In dealing with a request for accommodation to take time off for religious observance of the eclipse, conduct a reasoned analysis of the request and do not assume an ill-conceived motive just because the request sounds a bit strange.
Bottom Line
This is a once in a lifetime experience but good, ordinary human resource rules still apply. Use good sense, make nondiscriminatory decisions and do not jump to conclusions without a fair and thorough review of the facts.