Can an employer fire you for your religious beliefs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer fire you for your religious beliefs?
Asked on November 15, 2012 under Employment Labor Law, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Normally, no--the law precludes or prevents employers from discriminating against employees (such as by firing them) on the basis of the employee's religion.
There are exceptions, however, if the religion prevents the employee from actually doing the job. For example: a restaurant or catering hall could likely fire a Jewish waiter who refused to work on Friday night or Saturday, if that's among their busiest times, when then most need their wait staff; a gynecological practice which performs abortions could fire a Catholic nurse or technician who refused to take part in them; a supermarket could fire a devout Muslim from its butcher shop if the Muslim refused to handle pork products; etc.
However, if the employee's religion does not directly impact core job functions, then the employer should not fire them; if the employer does, the employer may have a legal claim for illegal discrimination.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.