Honoring Religious Rights of Service Providers

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Countries in the Western World generally accept the right to exercise religious freedoms during the work year. However, as more and more employers hire online workers across the globe, they find themselves dealing with religions that demand… dare we say, ‘inconvenient’ time off from work.

Though these circumstances are fictional, they represent a real problem that global employers face everyday.

What is the Western employer to do when faced with a virtual employee who needs to take an entire week off during a time-critical project? What about the customer service employee whose religion doesn’t allow the use of electrical devices during sacred times of the day?

Here are some suggestions on how to handle it.

Relax, Title VII Does Not Apply

Although Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion, this part of the United States Code doesn’t apply to independent contractors¹ (service providers). That means you are free to limit your job opportunities to contractors whose holiday celebrations coincide within the same timeframe as your own.

Note, however, that this freedom doesn’t come without a cost. There’s no guarantee that the solution to your problem will be conveniently packaged between U.S. holiday wrappings. Restricting your worker base to U.S. citizens, in fact, can increase expenses when it lengthens the time spent on things like vetting or training — especially when a more immediate (albeit, foreign) solution is a just few clicks away.

For the Sake of Success

You may need to make some unusual accommodations just for the sake of a successful outcome, which could entail re-scheduling a project’s deadline or even completing part of a project in-house. When your preferred solution is outside of the country, you’re simply going to have to adapt. Just don’t forget to put your accommodations in writing once you’ve settled on a provider.

For recent events, check our Employee Religious Rights news section

Prior to settling on a provider, during the vetting process, you’ll want to request schedules of availability and be prepared to adjust your project’s deadline when you get down to the last 3 – 4 qualified prospects.

It’s Not Just Overseas

The United States is often thought of as a melting pot of various cultures and religions. For this reason, problematic holidays aren’t exclusive to offshore outsourcing. You could very well run into the same issue when working with a provider in Minnesota, Oregon, or Texas. So take note of the following religious events and/or holidays that could affect the duration of your outsourced project. Then prepare for them with the strategy above.

• Bahá’í holy events
• Buddhist holidays 
• Discordian holidays 
• Christian festivals and holy days
• Hindu holy days
• Islamic holy days
• Jewish holy days 
• Neopagan holidays
• Religious festivals
• Zoroastrian holy days

1. http://www.lawfirms.com/resources/employment/discrimination/illegal-discrimination-workplace.htm

External Resources:

1. Religion and the Workplace: Pluralism, Spirituality, Leadership
2. Encountering Religion in the Workplace
3. Handbook of Prejudice, Stereotyping, and Discrimination