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 worked for decades in a town with a very high percentage of Muslims. 70% of our pupils were Muslim, and many of my colleagues, particularly TAs, were Muslim.
Every single one of my colleagues would be alone with a male teacher or TA at some point. It was never an issue, nor did it ever cross my mind that it could be.

My TAs would be pretty annoyed to not be considered devout. Based on my experience, those Muslim women who will not be alone with a man at work, must be a tiny minority of exceptionally devout Muslims.

I think you'd fall foul of discrimination laws if you charged the client more because you needed to send a chaperone with her. You'd be charging them more because they're men, or perhaps indirect descrimination against them because of someone else's religion. Those are costs your company would have to suck up as your reasonable adjustments of employing her.

You have to tread very carefully here. You even thinking about charging the client more indicates your company needs a much increased level of basic equality and diversity training.

I'd love to hear an update OP when you've spoken to HR/lawyers, just out of pure interest!
I'm all for supporting people with their choices/beliefs/disabilities, but I also think the onus is on the individual to take a role that doesn't need adjusting from the get-go! How many paraplegic hod carriers/firmen/paramedics are there? Extreme example i know, but my point is they wouldn't apply for a job they couldn't do, so why should religion be any different? Surely a career in a predominantly female setting would be better if you're going to allow this aspect of your religion to affect your career and wider business? Genuinely intrigued!

As an HR Director with Jewish heritage, I disagree with every aspect of this post.

As I understand it, she has no intention of charging the client more for a chaperone - Op was stating that this would be the only way to preserve the profit on the job. I suspect if P goes to the meeting she will likely have to charge at the same rate as the employee who is refusing to attend, so is already risking that loss, and is likely bound to do so because she has costed - and quoted a fee to the client - based on being able to send this employee.

Going forward, it means she cannot price jobs competitively as she now has to allow for this person being unavailable to do many client facing site visits and meetings - it puts her business and risk and may lose her clients.

OP, hope you can find a legal way through this because I feel you have been mislead during interview by this person.

I'm all for supporting people with their choices/beliefs/disabilities,

They aren't all equal though. Unless you are suggesting people choose to be disabled ? Suppose a blind employee was told they couldn't bring their assistance dog in because it was against a colleagues choice of religion ? Which isn't too contrived. There have been cases where taxi drivers have refused to carry passengers with guide dogs due to religion. (And I admit in advance that's not an employer-employee situation, but a customer-service provider one).

OP, hope you can find a legal way through this because I feel you have been mislead during interview by this person.

In a world with more cameras than people, I find it odd that interviews aren't recorded. Maybe they should be ? Just in case someone "forgets" that someone was clearly stated in an interview and then acts all surprised when it happens.

(In my last year at Uni, our Business Studies module had us practising mock interviews that were videotaped. Nerdy types needing a little extra instruction in the social interaction scene than most. That was mid 80s.).

Do you disagree with “it’s not culturally acceptable to refuse to meet with the opposite sex in your professional role in the UK”?

Oh gosh no of course not, I meant that the employee surely chooses a job they can do reasonably.. obviously completely different scenario if someone suffered a disability after taking the employment!
FWIW, my personal opinion is that religion shouldn't be a protected characteristic, but shouldn't be discriminated against either 🤷🏼‍♀️ If you choose to be something that's going to affect your ability to do a job, totally on you - not the employer!

That is pretty much where the Eqaility Act is, though. Direct Discrimination is quite specific I believe. So, for example, you can’t refuse someone good or a service in the basis of PCs. That’s not what’s happening here, this woman was employed. I don’t think her religion should protect her from the sack if her practice of it precludes her from doing the job she’s contracted to do.

FWIW, my personal opinion is that religion shouldn't be a protected characteristic, but shouldn't be discriminated against either 🤷🏼‍♀️

Same as any other lifestyle choice. It can't trump what isn't a choice, surely ?

This is where the whole gender wars is centred. You can choose your gender (all of us have). You can't choose your sex.

Already hard for anyone with a " foreign" name, appearance or religion to get a job. I have all 3.
Bringing religion to the workplace makes it harder.

Then she shouldn't take a job where that is needed

It depends on the circumstances and whether reasonable adjustments can be made.

What would be the circumstances for segregating sexes or chaperoning women in 21st century Britain workplaces that you would find acceptable? What could be considered a “reasonable” adjustment?

As I said upthread, I don’t believe that sex segregation is acceptable or that chaperones are reasonable on the basis of religion - just to explain where I am on this.

If in the longer-term, if the business can't run competitively because of the need for a chaperone/employee being unable to fulfil critical elements of her job, would business be able to get rid of her on cost-cutting redundancy grounds (which could also affect other staff)? Or is that still a complete minefield?

Am wondering if the employee left her old job in a 'jump before you're pushed' situation.

I also feel for future prospective female employees who are devout muslims and who may have no such scruples. All people are individuals, after all, with their own interpretation of certain tenets of faith and 'devout 'does not equal 'perfect'. OP's firm is going to be far less open to employing such a person - even though they might have no objection to being alone with a male client.

It's very dodgy ground and they'd certainly have to ask everyone rather than just selected candidates in order to get away with it at all, but realistically many employers will just find a reason not to employ the muslim applicant

Illegal and deeply sad, yes, but equally there's no point denying it happens and why that is

If the business can’t be run profitably based on her religious requirements, they can dismiss her on the basis she can’t do the job in a way that allows the business to operate.

It is a minefield but so long as the OP follows procedure, it can be done.

It’s if she just charges in and sacks her the way her DH and some people on this thread have suggested that things could go very wrong. She needs to carefully document why it’s not possible to make changes to the job to comply with the request and the fact that makes the job untenable.

There may also need to be some back and forth discussion with the employee (in writing, obviously) to make it clear there have been good faith attempts to address the issue. HR should be able to advise (and if they’ve been get it wrong, it’s not the OP who will be blamed!).

Exactly what I was about to write !!!

HoppingGreen

Pharmacists can refuse to sell the MAP I believe

That’s bloody outrageous.

Just asked my DH (large multinational company where he has lots of colleagues/reportees from every ethnicity and religious backgrounds).. he was stunned as not encountered this in his 30 odd years and stated in this situation he would find her tasks she can do in the short term and manage her out into redundancy pretty damn quick on grounds of being unable to progress and meet performance objectives (after all, professionally she cannot develop if unable to attend meetings with men alone in a role that requires it).

Your DH doesn't know what he is talking about. It is not a redundancy situation as this employee's job still exists. If you deprive her of contractual work tasks then force her out on spurious redundancy grounds then you really will risk a religion discrimination case.

Get appropriate advice from HR and employment law experts. Then discuss with the employee with a view to resolving the concerns and finding a workaround if at all possible. Dismiss only as a last resort, with appropriate legal guidance, and only if you can clearly demonstrate that you have done all possible to resolve the matter. That's it.

Maybe as he's married and so it's allowed in her religion.

You says she's a good worker and apparently, despite being new, the only person in your team who can manage this task.
So obviously you talk about sacking her for declining one aspect of her job. FFS.

Is there any way she can do this task without going against her beliefs? Such as having a married chaperone? Did you even speak to her? Or did you just invent this entire scenario to whip up a bunch of bigots on Mumsnet?

Well, as employers can’t ask if their employees are married or single, she’s going to have to get over that.