One section of the Act, referred to as Title VII, prohibits employment discrimination based on race, sex, color, religion and national origin. The Act prohibits discrimination against the aforementioned protected classes in the areas of recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment (Loevy 1997).
However, Title VII provides than an employer must reasonably accommodate an employee's religious beliefs and practices unless doing so would cause undue hardship on the business. As an employee were are obligated to try to resolve any conflict if possible. We would not, for instance, schedule a test or training day and then require an employee to miss a specific religious holiday for that. The employees also have a responsibility to help resolve conflicts and must inform us that there are specific religious beliefs that prohibit working on a specific day. The employee must be sincere about their commitment, and the company must also try for solutions.
Recommendation -- There are actually several scenarious in this case that will likely provide an appropriate level of both accomodation and fulfill legal and ethical requirements. Suggestions are listed in order, since if Suggestion "A" is met, then we will not need to move to "B," etc.
A. Ask for volunteers for the shifts, let the six employees know that there will be a skeleton crew, and that the organization needs 2 individuals to fill X shifts, let us say, for...
Present a matrix and ask for volunteers for each shift. This may actually mean all six could fill in the matrix, or 2, 3, 4, or 5.
B. If a does not work, meet with Employee 3 and 5 to find out their issues, plans, and religious commitments during the Holiday. This would be for informational purposes only. If both indicate they are devout and needing time off, proceed to C, if one or the other needs time off, proceed to D, if neither needs time off, proceed to E.
C. Rank remaining employees in terms of seniority; start with the top levels (less 3 and 5) and ask if they wish to work some of those shifts, if not, move down. Schedule the last two with least senority based on answers to B.
D. See above but include either 3 or 5.
E. See above, including 3 and 5.
F. There are six employees, and approximately 9 days at 2 shifts or 18 total shifts. Schedule all employees for 3 shifts based on senority for actual Federal Holidays (e.g. Christmas Day, New Years Day). Employees may trade amongst themselves as long as shifts are covered.
Sources:
Religious Accommodation in the Workplace. (2012). Anti-Defamation League -- Religious Freedom Resources. Retrieved from: http://www.adl.org/religious_freedom / resource_kit/religion_workplace.asp
Loevy, R., et.al. eds., (1997). The Civil Rights Act of 1964: The Passage of the Law That
Ended Racial Segregation. State University Press of New York.
