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Full Story:
The Tribunal issued a recent ruling in the case of Savo Markovic and Autocom Manufacturing Limited. Markovic claimed that Autocom discriminated against him on the basis of religion by failing to provide compensation while he was off work due to the observance of Eastern Orthodox Christmas. In response to this complaint, the Employer developed a “Procedure for Accommodation of Religious Observances” under which bona fide requests for religious leave would be accommodated to the point of undue hardship.
That policy provided employees with a “menu of options” for accommodation of religious observances, which included four different scheduling options, the option of using outstanding paid vacation, and the option of taking a leave of absence without pay.
A key issue in the case was the Ontario Human Rights Commission’s current policy on religious accommodation. One of the cornerstones of this policy is a statement that equal treatment requires employers to provide adherents of non-Western Christian religious faiths with at least two days of paid leave to celebrate their religious observances, to parallel the statutory holidays on Christmas and Good Friday.
The Tribunal rejected the Commission’s long-held policy position. It ruled that when an employer can accommodate an employee’s request for religious leave without incurring undue hardship, an employer is obligated to do so. However, the Markovic case reiterated that there is no absolute right or entitlement to paid religious leave. Based on the Tribunal’s decision, a policy which establishes a process whereby employees can arrange for religious accommodation by way of a menu of scheduling options is all that is required under the Code. At the same time, employers are reminded that accommodation is a highly individualized process and even the most flexible scheduling may not be sufficient to accommodate each employee’s particular circumstances.
For more information on this case or to discuss how this may impact your organization and steps that you can take to ensure legal compliance, please contact Dave Hagel at 905-637-5673 or at dave@highperformancehr.ca
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