To not accommodate a request by a female Muslim never to be in work "alone" with any male colleague?

[LibertyPrints]

"Sarah" has worked with our company since December. We have 12 staff (some of whom are part time) across 2 sites. All staff work between the 2 sites. They are retail outlets.

Sarah is Muslim and has recently contacted me to ask if I can ensure she is not ever scheduled to be alone with any male colleague at either site stating this is to do with her religious beliefs.

The manager is male and 3 staff are male. Different staff have different skill levels and they are scheduled where they are best utilised on any given day/week and so that all shifts are pretty equally shared out. It is not practical to agree to this.

For clarity I have no issue with making adjustments for her where I can. For example she asked at interview if she could reduce her lunch hour by varying amounts and then take that extra time out when she wanted to pray at varying times of the day. Even though we don't normally allow breaks to be taken in this way I agreed willingly.

I feel really awkward saying no but it's really far from ideal. AIBU to think if she can't expect this from us?

You can make the offer - it is reasonable after all. It is up to her to find the chaperone - but often a grandmother or elder aunt (who traditionally doesn't work) is an acceptable chaperone.

If your shops have CCTV, can you spin her the idea that it is a sort of chaperone because it watches all that goes on in the shop just like a live chaperone would?

YANBU btw. She is being totally unreasonable.

How does she expect to never be alone with a man anyway? What about being alone in a lift with a man? Or her being the only customer of a shop where the sales clerk is a man?

As DamnBamboo asks, if so important, she should have told you at the same time she applied. I would say she would feel better of working in a larger company with more people around her, and therefore is not suited for her job.

Seeing as this has only just been flagged up now instead of at interview, is it not a case of: We'll do what we can to help, but not to the detriment of our business or other employees jobs? It would make sense for this kind of issue to be protected under any employment/equality law, however I'm not sure if it's now a bit of a grey area seeing as the issue wasn't raised at interview. And she should have absolutely raised this at her interview, btw! She's putting you in a really shitty position by not doing so

It sounds like a totally unworkable request.

Even the chaperone idea comes with it's problems. Do you really want a non member of staff hanging round like a lemon for the whole shift?

Would insurance even cover that?

YANBU.

If she has objections to doing the job you have to offer then she shouldn't have taken the job. If it's not practical for you then it's not practical, you have no obligation to accommodate this woman's unreasonable choices.

That's a ridiculous request, if she can't to the job required she can find a new one or get a husband who can provide for her so she doesn't have to risk being alone with an unrelated male by having to leave the house unaccompanied.

It just sounds a whole lot of hassle for you which you shouldn't have to entertain. Are you willing to have this chaperone in your business? You would have to do the relevant checks on her as well. Why didn't she bring this up earlier, sounds like she's being difficult now and totally ridiculous. Tell her it's not going to work, if she doesn't like it then she can go somewhere else.

Or if she's working alone with a female colleague, who then goes to the loo or nips out for teabags, & a lone male customer visits the shop?

It's just not practical.

It might be a reasonable thing to raise, if she say normally worked on a busy site where usually there'd be several employees, & you were suddenly asking her to do overtime with just one male colleague - but I don't see that her request in the circumstances you describe can possibly be a reasonable adjustment.

I'd tread very cearfuly here, this could open a massive of tin of worms. Your males staff could understandably get upset and irrate that someone wishes not to work with them because they have a penis.

I don't think an chaperone is ideal for health and safety, business protection or insurance purposes. You can't just have some random hanging about all day. She's not employed so if she has a accident then what? Not sure even public liability would cover her fully.

I think your going to have to just have discussion with her saying its just not possible, you seem to have a male heavy staffing ratio and shift wise its just not possible.

I agree it sounds really impractical for life in general. I looked online and can't find anything saying that this is "normal/expected" for Muslim women but then there are things saying that strict Muslim females shouldn't work at all so it didn't really help. I just assumed people must interpret the faith differently.

I was expecting some replies saying that MN knew of Muslim women for whom this was a standard request. That doesn't seem the case.

YANBU

Can't HR make manage/ advice this request

Just tell her no, if she's not a member of a union the only place she can go is a employment tribunal and they won't do much, there is no law and your business size/needs can't accommodate what is a personal request regardless of its theological background.

I would not be happy with a chaperone. That raises all kinds of issues about reference checks, insurance, security etc.

Could she work at the concession stand? Surely that would be more open and have people around most of the time.

We don't have a "male heavy" staffing ratio. 12 employees of which 3 are male. All the male staff are full time though whereas some of the females (including her) are part time.

I have had various requests similarly unworkable to this. All made after jobs/positions have been accepted and never flagged up at interview. I have found the Muslim Council very helpful and have always tried to be flexible when possible but stuck to our policies when it isn't. Some people decided to leave and felt very aggrieved and others accepted the situation.

It doesn't sound possible. There's no guarantee that even if she's scheduled to work with other females , that they won't be ill or need to be replaced at short notice. So she'd really have to have a chaperone available at short notice every shift. As a small business owner that brings its own risks and issues (would it be the same chaperone each shift or unknown people having access to your back shop? Do you get a say in who is a suitable chaperone? What if your other staff feel uncomfortable?)

It sounds like she'd be better working in a large store with 10+ staff per shift.

Do you have employment law advisors? Hopefully acas or a similar organisation could help.

Tricky to try and accommodate. Impossible to just say 'no' you're going to have to explain.

Would be so hard if this is a way that someone close to her is trying to make her quit her job. I can see with this restriction almost every job is impossible.

There's a radio presenter I listen to who would probably complain at being "...accused of being a potential rapist" by this sort of thing. I kind of get what he's saying. The only time I've come across similar discrimination against men by a Muslim woman was when DH was ejected from the parenting room in Mothercare, leaving me stranded in my wheelchair with tiny baby. Told her she was selfish & hoped she acquired a disability. Not so politely, mind. I digress.
She chose that life - it wasn't really thrust upon her and if that's her way of thinking she should have discussed it in her interview. YANBU One's religion is personal and not something that should be forced on others

It is an unreasonable request and I'd wonder why it was being introduced at this late stage.

I have to agree that the chaperone idea could well cause all kinds of other problems and isn't really on.

I don't think this can be a usual thing anyway. A Muslim woman on a bus might find themselves alone with just male passengers. Someone who was that opposed to being in that situation wouldn't be taking a job in the first place or leaving their home alone.

This is a really complicated issue and you do need to tread carefully. There was a similar dilemma recently at a local university. I think it's really important to communicate with everyone and take care to consider all perspectives.

Sort just re read, well management are male so there's one person she can never work alone with and is that feasible?

And what about the other 3 men, do you feel it would be fair to discriminate against them because of their sex? ( I know the answer to this is no)

How about if a female staff member calls in I'll, and now she must work with a male, will she now accept that she would have to go home unpaid k you can do this, as the reason for her leave is self requested not you sending her home) or work alone with a male colleague?

Its just not practical, and she can take it or leave it, I know it sounds harsh but such is life. A business can not accommodate every need of a individual, she gets breaks others do not for personal reasons, I think the business has been more than accommodating.

I've worked work quite a few Muslim women of my age, older and younger. None have flapped about this kind of thing.

Small businesses tend not to have an HR person. Just the owner & maybe an admin person who does payroll.