Can my employer require me to compete in a ‘Draft’ for my schedule?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer require me to compete in a ‘Draft’ for my schedule?
The company I work for has decided that we are going to start
Asked on March 6, 2017 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It normally would be legal: highly unusual, unprofessional, arguably improper and very likely stupid, but legal. That's because employment is, in the absence of a written employment contract to the contrary, "employment at will," which means, among other things, that an employer is not obligated to schedule staff and can set any rules for employees/employment which are not inherently illegal--and doing an offsite draft or meeting at a bar is not inherently illegal.
However, you raise a religous accommodation issue: the law prevents employers from discriminating against people due to their religion and must make "reasonable"--not too expensive or disruptive--accommodations to religious beliefs. If being in a bar (not: it would have to be simply being in a bar which violates your faith, since you can be in a bar and not drink, so a religious prohibition against consumming alcohol would not be a sufficient reason, since you'd have the option to go and order coffee, water, soda, etc.) is against your believes, and/or if is the only time your services are held (i.e. it's not the case that you could, for example, go to, say, services at some different time instead), then this may well be religious harassmant or discrimination and you may be entitled to an accommodation. If you believe this is the case, contact the federal EEOC about filing a complaint.
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.