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re: PF Chang's to pay $80,000 after EEOC finds religious discrimination in Birmingham, Alabama

Posted on 9/16/25 at 10:22 am to
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
38111 posts
Posted on 9/16/25 at 10:22 am to
quote:

I beg to differ. If you do it for one employee, then you have to give every employee the same break. That would in itself cause "undue hardship".



This statement isn't just for legal reasons. To keep employees happy you have to be consistent and fair. I have to go out of my way to offer vape breaks these days. The non-vapers have to be made aware they can take that same break as well. I have nothing but 18-23 year old women and you cannot have someone getting more than another. They only recognize what they want and that is it. No consideration for other's for the most part
Posted by imjustafatkid
Alabama
Member since Dec 2011
63099 posts
Posted on 9/16/25 at 10:24 am to
quote:

If they want to pray when every other employee takes their break, I don't see that as a problem. If they need additional breaks than what is offered then that's where the problem arises.


The accommodation would be scheduling their breaks at a specific time that allows them to pray at that time, in keeping with their religion. An employer would almost certainly be unable to convince a court that this isn't a reasonable request.
Posted by imjustafatkid
Alabama
Member since Dec 2011
63099 posts
Posted on 9/16/25 at 10:25 am to
quote:

This statement isn't just for legal reasons. To keep employees happy you have to be consistent and fair. I have to go out of my way to offer vape breaks these days. The non-vapers have to be made aware they can take that same break as well. I have nothing but 18-23 year old women and you cannot have someone getting more than another. They only recognize what they want and that is it. No consideration for other's for the most part


You get it. A lot of folks haven't had to work around this crap in the past so they don't understand how much of a burden these rules create for employers. These sorts of things are easy for people in "professional" careers to deal with. Extremely difficult for everyone else.
This post was edited on 9/16/25 at 10:26 am
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
38111 posts
Posted on 9/16/25 at 10:28 am to
quote:

The accommodation would be scheduling their breaks at a specific time that allows them to pray at that time, in keeping with their religion. An employer would almost certainly be unable to convince a court that this isn't a reasonable request.


One could argue the times required for prayer are at peak times (Fajr (dawn), Dhuhr (noon), Asr (late afternoon), Maghrib (sunset), and Isha (night). You're already short handed on a Sunday and at noon someone needs to cover that section? People paying what they pay now are not going to accept a reduced level of service
Posted by Lg
Hayden, Alabama
Member since Jul 2011
8534 posts
Posted on 9/16/25 at 10:35 am to
quote:

To keep employees happy you have to be consistent and fair.


I agree. For the past couple of months my shop has been very busy, so I told my guys we were going to work 10 hour shifts until we got somewhat caught up. One of the guys who welds stainless steel and aluminum (hard to find guys that can do this) worked one week of OT then started leaving after 8 hours. So I called him into my office and had a discussion with him. He told me that working OT was voluntary and he was only willing to work 8 hours. So I told him, considering others were probably thinking the same thing, he could take a $3.00 cut in pay and work 8 hours or continue to work OT like everyone else. He chose the cut in pay. Then I offered the same proposal to the other guys and they all chose to continue working OT.
Posted by RT1941
Member since May 2007
31740 posts
Posted on 9/16/25 at 10:35 am to
quote:

And $80k in damages?
quote:

It's back pay.
Back pay for a job they never performed and were never hired to do?

This sounds like PFC caved.
Posted by imjustafatkid
Alabama
Member since Dec 2011
63099 posts
Posted on 9/16/25 at 10:38 am to
quote:

One could argue the times required for prayer are at peak times (Fajr (dawn), Dhuhr (noon), Asr (late afternoon), Maghrib (sunset), and Isha (night). You're already short handed on a Sunday and at noon someone needs to cover that section? People paying what they pay now are not going to accept a reduced level of service


Yep, that could work. Given our current judiciary across the country, they'd probably find against you, but I personally agree that would be an unreasonable accommodation in this scenario.
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
38111 posts
Posted on 9/16/25 at 10:40 am to
I have no clue how to run your business but that seems reasonable. I am tired of what we have to deal with these days. Especially when all the power resides with the employees in many cases. Employees can up and take another job forcing businesses to adapt or die. Supply and demand comes into effect at some point though. I guess I am saying that the smart ones get that point and the not so smart ones get stuck with bread crumbs and laws that negatively affect things for everyone
Posted by imjustafatkid
Alabama
Member since Dec 2011
63099 posts
Posted on 9/16/25 at 10:41 am to
quote:

Back pay for a job they never performed and were never hired to do?

This sounds like PFC caved.


It's pretty common to be awarded back pay in EEOC cases when it's found you were inappropriately prevented from obtaining a job or a promotion.
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
38111 posts
Posted on 9/16/25 at 10:42 am to
quote:

t's pretty common to be awarded back pay in EEOC cases when it's found you were inappropriately prevented from obtaining a job or a promotion.


Especially when they take their cut
Posted by Nosevens
Member since Apr 2019
17402 posts
Posted on 9/16/25 at 10:42 am to
I had 3 companies at the same time side by side with 80-100 employees depending on economic factors. Always had a lawsuit on my desk for 30 years. Will I had all imaginable type of employees the one that was a new hire and seemed to fit being the job of logistics dispatcher. All was good prior to first day in interviews, past employment and just a general interest. The first day of work she had just got a tongue stud and couldn’t be understood by anyone onsite or on the phone. The next week was full on the big nightmare and termination was handled I thought rather well, at least till the lawsuit hit 8-9 months later. I ended up paying lawyers twice as much as her first year salary but she didn’t collect. I should have not been made to go through that as she could not do the job she was hired to do - speak clearly
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
53875 posts
Posted on 9/16/25 at 10:43 am to
That's kind of crap. That just opens the floodgates for everyone to claim a day
Posted by imjustafatkid
Alabama
Member since Dec 2011
63099 posts
Posted on 9/16/25 at 10:44 am to
quote:

Especially when they take their cut


Oh they always get theirs. How else do they justify their existence?
Posted by imjustafatkid
Alabama
Member since Dec 2011
63099 posts
Posted on 9/16/25 at 10:47 am to
quote:

The first day of work she had just got a tongue stud and couldn’t be understood by anyone onsite or on the phone. The next week was full on the big nightmare and termination was handled I thought rather well, at least till the lawsuit hit 8-9 months later. I ended up paying lawyers twice as much as her first year salary but she didn’t collect.


Wow. And you just know the only reason a lawyer was willing to take her case is because they know it's cheaper to settle than to pay lawyers, so most companies will do that.
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
38111 posts
Posted on 9/16/25 at 10:52 am to
quote:

Oh they always get theirs. How else do they justify their existence?


Ours was to the tune of $650k


quote:

Wow. And you just know the only reason a lawyer was willing to take her case is because they know it's cheaper to settle than to pay lawyers, so most companies will do that.


All of my slip and falls were complete bs. I had one where the guy even stated he saw the wet floor signs. We would have wiped the floor with him in court but it is cheaper to settle. His lawyer didn't even prepare for the deposition. How this isn't addressed to keep premiums lower is beyond me. The average person doesn't get that this is costing them more at the table
Posted by Nosevens
Member since Apr 2019
17402 posts
Posted on 9/16/25 at 11:15 am to
And what, set a tone and culture of easy money? Being in trucking is why I had never ending law suits. Giving in leads to impossibilities for trucking insurance. I had a guy fall out a tree on some side job he had but came to work and claimed he fell into the dock. Lucky for me I knew his side hustle and people that were there when he fell out tree. It cost money but he did get money personally from me.
Posted by wackatimesthree
Member since Oct 2019
10861 posts
Posted on 9/16/25 at 11:18 am to
quote:

If I need someone for 8 hours/day and their religion says they have to stop and pray to Mecca, very loudly, for 10 minutes every hour on the hour, I shouldn't be forced to hire them. Their conditions don't match mine, we should both be free to pursue an employment agreement that suits both of us.


This is the correct answer.
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
38111 posts
Posted on 9/16/25 at 11:21 am to
These are the types of accommodations that jobs can use as a recruitment tool. If it doesn't affect the flow of business then tap into that community looking for jobs. I make concessions for nursing students as many jobs will not work around their schedules. I end up getting a few of them who usually are better quality employees
Posted by wackatimesthree
Member since Oct 2019
10861 posts
Posted on 9/16/25 at 11:24 am to
quote:

I actually do think it is a good idea for Christians to start actually fighting to be given the same accommodations given to everyone else...If it is going to exist, we need to use it.


And this is the difference between populism and conservatism.

In the conservative mind, there is no "if." There's only...

quote:

Let's get rid of it for everyone.
Posted by wackatimesthree
Member since Oct 2019
10861 posts
Posted on 9/16/25 at 11:25 am to
quote:


These are the types of accommodations that jobs can use as a recruitment tool. If it doesn't affect the flow of business then tap into that community looking for jobs. I make concessions for nursing students as many jobs will not work around their schedules. I end up getting a few of them who usually are better quality employees


Sure.

I have no problem with a business voluntarily doing this.

I have s big problem with the government requiring them to do it.
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