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.

Reasonable adjustment. Reasonable is what is important.

Employing a female babysitter to accompany employee in case she encounters an all male situation while at a client is not reasonable. it costs too much money.

If job can be successful remotely, fine.

If job requires site visit … then she can’t go because don’t have a babysitter for her.

Must be handled with documentation and correct language, and employee needs to agree that she can’t go to client.

Like all religions, Islam has a broad spectrum of ways in which people choose to practise their faith. As a Muslim woman, I have no problems working with, presenting to, supervising, etc., men. I work in a pretty male-dominated field. But if the woman in the OP isn't comfortable for whatever reason, what other Muslim women may do or not do isn't going to change her discomfort. It's also possible that there's more going on than a simple conservative interpretation of boundaries, but she might not feel comfortable discussing whatever else might be going on at work.

@GelatinousDynamo , in the first instance, I'd ask her what she would suggest, given that from what you've said, the task doesn't need two people and has to be done on-site. Is there a way she can see to make it work, or is this simply something that she feels she cannot do at all? If she feels she can't do it, then can you find someone else who can do it? I think you also need HR input on this - they may have ideas on reasonable adjustments and if this is incompatible with the requirements of the job then they need to be aware asap.

@Lovelysausagedogscrumpy but this requirement but stem from something the same has hair covering and being separated in mosques?

That was my contribution. 😁

Nope. Nice try though.

Im guessing… hangry

Have you asked her on what suggestions she has to allow you to provide the service? She may have her own ideas.
Im thinking of a chaperone, or just do it via Teams, or just assign this client to someone else.
if you are happy with her work, please don’t let this be a reason to part ways, I’d suggest bringing her in to finding the solution.

Because the employee has a protected characteristic and the employer has a policy or rule that is potentially indirectly discriminatory in that it disadvantages the employee because of that protected characteristic.. There are no such consequences for the men.

I have actually said several times that ‘reasonable’ is the key here.

The OP doesn't say if those meetings were at the client site.

Lets adjust the characters in this story. Instead of a moslem woman lets say its a woman returning to work after a traumatic sexual attack (I've had to manage this more than once in my career in the same industry, working for clients).

Would the response then be "sod off and get a girls job then" as suggested by a number of PPs or would the expectation be that we first look to see what adjustments can be made. The OP hasn't mentioned or seemingly given thought to any adjustments which might work in this situation which seems odd for someone experienced in sending consultants to clients.

Just off the top of my head for a meeting:

• if junior they would typically have a member of our client team to join, bringing client knowledge to the meeting
• if more experienced and leading with more content they would have a junior with them capturing minutes, notes and actions

Two immediate opportunities to add another woman to the mix.

Others:

• invite them to hold the meeting in our offices
• see if there is a more open office area to have the meeting
• discuss with the client how to manage accommodations - IME clients are often more than willing to help accommodate any particular needs, they want the work done and its no skin off their nose
• there will be a whole raft of specific suggestions which could be considered and will vary by client and industry.

I'm bemused that someone working in a management position in a consulting organisation wouldn't immediately run through these types of options to solve the immediate issue, then schedule a 1-1 with the new staff member to clarify where there might be issues or not for future scheduling. This is bread and butter stuff when sending staff out to clients - our people are our capital, we look after them, we don't tell them to fuck off into a "girls" industry (or equivalent).

are you being particularly rude to make yourself feel superior? I asked a question and you gave fuck all of an answer, then when I ask if you can elaborate you are down right rude calling me dense - asking a question is not being dense.

It’s all so tiresome.

I feel for you OP and hope you can get this resolved without too much hassle.

No doubt this will influence future hiring decisions.

even if you found a way around it this time, what happens the next time?
Presumably you won't always know the exact sex composition of every client, so will she expect you to contact them beforehand and ask about the sex of everyone attending the meeting, every single time? Is she aware how weird and unprofessional this will make your company look?

What if she thinks she's going to meet with a woman and they back out and are replaced by a man last minute - would she have to walk out of and reschedule the meeting? Again, how will that look!

Obviously speak to HR but seems to me you have two choices. Sit her down, tell her that the job is going to involve client meetings and the chances are they will often be men, give her a chance to offer any ideas she has but at the end of the day if she can't meet with clients, she can't do a major part of her job so isn't fulfilling her job description.

Or (the safer in terms of possible discrimination claim) - say a cheerful 'Okay no worries,' for this meeting, but terminate her contract asap afterwards for something general like 'not being a good fit' or 'restructuring' or whatever. If she's in her probation period you can sack someone for pretty much any reason, as long as you've never raised the male thing as an issue she'll have no evidence to use in a potential discrimination tribunal.

To conflate observing a religion through choice with a sexual assault is disgusting.

Acas may well tell people their case is weak, but they would never say "no merit", and they cannot stop people bringing the claim, nor do they try to.

Their role is to try to find a compromise if both parties want to, which means they try to make the employer pay the employee to drop the claim. I have only ever once had a claim dropped with no payment by the employer and that was on the promise of a neutral reference (which we would have done anyway), though the lowest I have paid was £42.

Unions (and "so forth") rarely have anything to do with it.

It's a different poster.

You did post an incredibly stupid suggestion though, that a quick Google would have solved for you.

Pretty sure reasonable adjustments only applies to disability, not other protected characteristics.

Can you link to the part of the legislation you're referring to?

I purposely NEVER comment on employment law/ on any law on MN, but OP don't do what this poster has said. this would be a clear breach of the law on your part.

I also agree with another poster, such a sensitive matter should not have been brought to mn by op. @GelatinousDynamo

That is disingenuous. What is the reason behind the rule, to protect the woman from a man.

So, I haven't replied to her and won't until I've spoken to someone who can tell me big No's. I have a meeting with our HR lady first thing Monday, and we will be trying to consult a lawyer the same day. Trying to tread very carefully here.

If need be, I can make the client appointment myself, but of course it will throw our fee calculation (and everything else) completely overboard.

To all those suggesting a chaperone: you've never worked in a professional setting, have you? Taking an aunt to a client appointment? They'd never take her seriously after such a stunt. She's a senior, not some fresh intern. Would you also suggest bringing your mum to a job interview? What a load of bollocks. But thanks for the laugh.

Your husband saying you should just fire her makes him sound not very bright. So eh don't listen to him!

She's free to get a different job that works with her religious preferences.

A better bet than an actual employment law barrister? I don’t think so!

Except it is. Pretty sure religion is a protected characteristic and companies need to make 'reasonable adjustments' on that basis.

This is exactly a reason why the laws need changing regarding religious discrimination. If you can't do the job you have applied for and been hired for becasue of you religion then you shouldn't be suprised if related by someone else who can.