Receptionist Objects to Holiday Greeting
Question: Our company has been in business more than 40 years, and it has been our policy during the December holidays to greet telephone callers with “Happy holidays.”
Our receptionist informed us that it is against her religion to make such a greeting.
Can we insist that she say this greeting, or do we have to adhere to her religious restrictions? Are there rules regarding this dilemma?
--P.S., Los Angeles
Answer: State and federal laws against religious discrimination require that an employer accommodate an employee’s religious beliefs and practices in the workplace unless such an accommodation constitutes an “undue hardship” for the company.
In your situation a court might well find that it would not be an undue hardship if your business were to eliminate the holiday greeting to callers as an accommodation to the receptionist.
Alternatively, you could transfer the receptionist to other duties during the holiday period and replace her with an employee who does not have a religious objection to the greeting. But replacing her probably would result in additional expense.
--James J. McDonald Jr.
Attorney, Fisher & Phillips
Labor law instructor, UC Irvine
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No Entitlement to Pay for a Week Not Worked
Q: My company has informed us that our office is going to be closed the week of Christmas. Although the 24th and 25th are paid holidays, we are being “encouraged” to use vacation for the 26th to the 28th. I won’t have any vacation left by then. Can they legally not pay me for these days even though I am a salaried, exempt employee?
--J.R., San Diego
A: Yes. An employer must pay an exempt employee the full weekly salary for a week in which the employee performs any work--whether it is one hour or 80 hours. But an employer is not required to pay an exempt employee who performs no work during a week.
If the 24th and 25th are holidays (paid or not) on which you perform no work, and you perform no work on the other days in that week, your employer has no obligation to pay you for the week.
If you perform any work that week, though, your employer will have to pay you for the entire week.
--Deborah C. Saxe
Management attorney
Heller Ehrman White & McAuliffe
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Promotion Blocked for Lack of a College Degree
Q: My employer has an unofficial policy--it is not written in our employee handbook--that college degrees are required for all managerial positions and above.
I have it in writing that I would not be considered for promotion within my company because I do not have a college degree. My experience is far greater in our area of expertise than the two managers they have hired in the last two years to oversee our department.
In fact, when the managers quit, I am called upon to assume the managerial responsibilities until a “suitable replacement” is found. In both instances, I have had to train the new manager.
My company would pay for me to get my degree, but I travel 100 days a year on business and would miss many of the required classes.
My employer has hired two men, however, who do not have college degrees. I am not the only woman facing this issue.
Do you think I have grounds for a discrimination lawsuit? If I sue for advancement, can my employer fire me?
--A.B., Los Angeles
A: Since it is illegal for employers to discriminate in any aspect of employment based on your gender, you might have a claim.
Your case would even be stronger if the two men without college degrees were hired into management positions that you seek. If they were hired into other management positions, the employer simply might argue that your qualifications were not suitable for those positions, and there were no female candidates with better qualifications than the men.
You should consider discussing the matter with your employer before filing a lawsuit. Consider sending a diplomatic letter noting the inconsistency and specifically requesting that you be considered for an open management position.
An employer cannot fire or otherwise retaliate against you because you complain about the situation or take other action, such as consulting with an attorney.
--Don D. Sessions
Employee rights attorney
Mission Viejo
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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice. Recent Shop Talk columns are available at www.latimes.com/shoptalk.
