To send an employee to a client even though she refuses because of her religion?

[GelatinousDynamo]

I have a new employee in my team, she is a devout Muslim. She's been with us since January and there were no issues so far, she's getting along well with everyone and her performance was fine. I sent her an email on Friday afternoon to say that our client has now (finally) prepared all necessary documents and that she should go there and go over everything with them one day next week. She wrote me back today that she can't do that because only men work in the department and she can't spend the day alone with strange men (because of her religion).

AIBU to insist that she does her job and goes there or would that be religious discrimination? She shares an office with a male colleague and has never complained about it. She's the first devout Muslim I've ever had on my team and I honestly have no experience at all with such issues. She's the only one who has the necessary experience and isn't already scheduled elsewhere.

I was in my first proper job (sandwich placement) when Suzy Lamlugh disappeared. She'd be 64 now. Maybe with grandkids.

I would put this back on her. Ask her for suggested solutions because she's refusing to do the job you asked her to, so lay out your very good reasons (will lose client if we bill them more, adding a chaperone will increase costs, no one else available to do this, we hired you thinking you could do the job, etc.) and also tell her how much you want to help her succeed and ask her what would she do in your situation!

Did you tell her that she would be going to visit clients alone before you hired her?

You do know it's Ramadan don't you? I mean surely a quick research into the Muslim faith would help you understand that being completely alone with men for Muslim women is a big no no. There are always creative ways of doing things and I don't see how it's such a big deal to be accommodating of people who practice a different faith to yourself. Why not ask the client if they have a female member of staff who can assist?

I agree. The thing is that examples you’ve given don’t cost money. How much would you be prepared to reduce your own income to support someone else’s religion? I think that’s OP’s situation because there’s not any other way to accommodate it

It’s Ramadan at the moment. Maybe that has some bearing on her decision? Maybe after Ramadan she’ll be ok seeing as she’s ok to share an office with a man etc

When we visit people in their homes or empty buildings obviously there are extra precautions. It’s not usually the same risk assessment for a known client at their place of work.

Maybe nothing can be done in the case OP has mentioned. It's a bit grim though that the first thought was how to get rid of this woman rather than see if there is any possible way of making it work. Even if meant the woman herself bringing in an aunt or sister to stand outside the door!

How does it being Ramadan at the moment affect anything?

Lots of other people piled on with that. The OP asked:

AIBU to insist that she does her job and goes there or would that be religious discrimination?

Sorry yes, I don't mean everyone said that or that the OP did, but it seemed to be the first thought for several posters.

Can you just fail her probation? I would cover this instance by going myself and then fail her probation (and seek HR/ legal advice on wording) She refuses to perform the key tasks of the role despite having known what the role involves, so to me it’s reasonable.

Taking your auntie to a professional meeting as a chaperone is the maddest thing I've read on MN for a while.
Do the people coming up with these "chaperone" suggestions work in the public sector perhaps? I can't think of anywhere else with an endless supply of available female staff and an extremely generous budget?

This is tricky. Because how devout is devout? Does she pray during work hours? Does she receive any company benefits that she hasn't earned per se like company stocks/ dividends? (I ask that because a strict interpretation of Islam is that Muslims should not earn interest etc on money), does she wear full Burka only showing her eyes? Sometimes culture and religion get mixed up and people pick their values based on culture and cite religion as their reason. There are some devout Muslims who would have no issue doing what you have asked her to do but may have issues with things she is comfortable doing. To cover yourself, you could meet with her and ask her to take you through her beliefs and the impact this would have on the work place and her doing her duties. Then you could look into REASONABLE adjustments and I say that in capital letters because sometimes people think adjustments have to mean employers bend over backwards. No they only have to be reasonable. Get things clear now. She has a right to set her boundaries but you also have a right to set yours too. Hopefully a meeting and a plan in place will help get the best from her whilst also allowing her to follow her faith.

You are not correct

Why do you think there are extra precautions ?

Part of what made the Lamplugh case so headline worthy was the shocking revelation that women were regularly sent out alone into such situations. Feeling they couldn't refuse.

Exactly my thoughts
I’ve had clients complain about staff turning up in trainers - someone bringing their mum or auntie… 🤣🤣 bye bye career

Because how devout is devout?

Like a persons religion or music taste that is a matter of personal choice

It basically says an employer can defend a claim of indirect discrimination if it can show their action is justifiable as a proportionate means of achieving a legitimate aim. This is literally what I said in my first post on this thread.

it is still not a duty to make reasonable adjustments, which only applies in disability.

I’ve not read all of this so apologies if this is nonsense but would it be acceptable for to take a female family member or similar along with her? Someone to chaperone but who you’re not paying?? Client confidentiality might be an issue though.

The shocking thing wasnt just the lone visit because those still happen. It was that her employer didn’t have a check in system so when she went missing no one noticed. It was days before anyone bothered to check on her. I visit residents and know lots of women professionals who do too. It’s part of my job - but there are ways of protecting oneself that don’t involve a chaperone. And in 30 years of working thats been fine - I’ve decided to dodge situations I didn’t like maybe twice. There was one situation a couple of years ago where I was due to visit someone who was a hoarder so I took someone with me - but that was mainly in case the stuff fell on me

I admit upfront I have only read all of your posts so apologies if someone else has mentioned this but I assume she is still in her probationary period. Was it made clear at interview and offer that the work involved on-site visits unaccompanied and with clients? Either way be explicit now that this is a key feature of the job and if she can not fulfill the role then it's time to part ways now before she is established and a relationship is built with clients.

Jesus! WTF did that woman think a bar job entailed when she applied to work in a fucking club?

If she can’t fulfil the role then I wouldn’t be keeping her on after her probation. Religion is not like disability. It is a choice. She is capable of doing the meeting but she is choosing not to due to her religion. That’s her choice but it means she isn’t fit for the role

And here is the reason why workplaces are so toxic. Why wouldn't you just be transparent and say lets meet and discuss your needs and see how we can accommodate them but also ensure the business needs are met too. No harm in reminding her that the adjustments have to be reasonable only though and there are no promises that all of her needs can be met. If a victim of SA said she felt uncomfortable about being on a male only site, would you just advise to fail her probation for no good cause? I am not saying employers should bend over backwards at all but they are obliged to follow the LAW and not just fire someone who is performing well according to the time they have been there because they have expressed a religious need. If she has no plans to be honest and say 'I am failing your probation because you said your religion forbids you from working with an all male team' then its because she knows that that is potentially against the LAW. So why not just follow the law on this? consult HR or legal and actually do things properly? OR she would just make up some random untrue reason why she hasn't passed probation. Unethical and quite frankly likely to get her in hot water if she does not handle this carefully.