Lunar Sabbath

[BornReady]

My boss and I recently interviewed an applicant for an engineering position on my team at work. I really like the applicant. He has a very nice personality. His technical skills are superb and his references glowing. I told my boss we should hire him. My boss offered him a job today and he accepted on one condition. His religion requires him to observe the Jewish Lunar Sabbath. He needs to take the sabbath day off from work. Which means, depending on the month, he may need to take one week day off every week. My boss said no. He told the applicant to take a few days to think it over and get back to him. I still want this guy. I tried to convince my boss we could make this work but my boss' mind is made up. So I have until Monday to convince the applicant to work on the Lunar Sabbath. I believe it would be futile to try to convince him he is wrong about what God wants. So I must try to convince him God will understand if he must work on the Lunar Sabbath. God only expects him to do his best. It's very unlikely he will find an engineering job in my area that will accommodate this belief.

Can anyone think of an example of a famous righteous Jewish man who had to compromise on one of God's commands and God understood? If not, I'm going to lose this guy. I believe this would be bad for him, his family and my team.

 

[Minor Axis]

I know of no example. Originally I was thinking lunar sabbath as 1 day off per month, but 1 day a week is excessive, especially if the team does not work on weekends. It might be that he just wants to honor his religion and feels so strongly about it that it is willing to forfeit what I assume is a good job prospect to do so. I would think that the "possible" God would not mind, but those with devout religious views might see it is as a standard they can't afford to violate.

What ever variant of the Jewish belief this guy follows, my guess is the link would mean little to him.

A Lunar Sabbath:

Nowhere in Scripture does God ever instruct or even hint at keeping the Sabbath based on the new moon sighting.

 

[HK]

Is the sabbath always a Sunday?

How often would it actually be likely to mean he's off work? I mean, will it literally be one day a week or is it more likely that it'd only cross over every now and then. Do you guys work on rotas?

Perhaps if so, you could hire on the agreement that technically he can be asked to work on a sabbath BUT you will do everything in your power to avoid putting him down to work that day in the first place?

 

[Alien Allen]

Interesting link Minor

 

[Mystic]

interesting link and very interesting that a person would make this request. I wonder if this happens often with some jews?

 

[Aeval]

Were his references from reliable, co-workers or superiors? If so, why wasn't this request an issue?

 

[Minor Axis]

Interesting link Minor

The power of google...

 

[BornReady]

What ever variant of the Jewish belief this guy follows, my guess is the link would mean little to him.

Yeah, there's no shortage of Jews who will tell him the lunar sabbath is a heresy. I'm sure he's heard that a lot. I think my best approach is to try a different angle. Don't tell him he's wrong about what God wants. Rather he is underestimating how understanding God is when people do their best to live up to want God wants but are unable to because of the society in which they live. Unfortunately I'm drawing a blank on how understanding God can be. Please give me an example if anyone can think of one. The more Jewish the example the better.

Is the sabbath always a Sunday? How often would it actually be likely to mean he's off work?

He said this month the lunar sabbath is every Monday. Next month it's every Wednesday. The following month every Thursday. Basically 5 out of 7 months he would need one day off work each week. He offered to work a 4 X 10 schedule to make his 40 hours each week but my boss said no. My boss is a Christian and doesn't understand why this guy can't go to church on Sunday like everyone else.

Were his references from reliable, co-workers or superiors? If so, why wasn't this request an issue?

He's been doing consulting work. So apparently he could make his own schedule. But the consulting work has dried up. So now he's looking for full time employment. He's only been observing the lunar sabbath for a couple years now. Before that he observed the sabbath on Saturday like most Jewish believers.

 

[Johnfromokc]

Lunar Sabbath? This is a huge red flag. People like that often turn out to be a major pain in the ass for the workplace. Your boss's instinct is right not to hire him IMO. Regardless of skillset and references, I would pass on this guy. Just more bullshit from the world of religious superstition.

 

[Accountable]

Lunar Sabbath? This is a huge red flag. People like that often turn out to be a major pain in the ass for the workplace. Your boss's instinct is right not to hire him IMO. Regardless of skillset and references, I would pass on this guy. Just more bullshit from the world of religious superstition.

Wouldn't you be concerned about a religious discrimination lawsuit? That's the world we live in today.

It seems to be a weird request, but if the guy is as good as you say, BR, I would be willing to be flexible. I'd probably try to vet him more thoroughly first, though, to see if a previous employer would be willing to tell me if he had any other issues (also unlikely in today's world).

 

[Johnfromokc]

Wouldn't you be concerned about a religious discrimination lawsuit? That's the world we live in today.

It has been legally tested on the federal level, and employers are not required to give special days off. This information below is from a religious advocacy group, so their bias is in favor of the religious employee - but even they acknowledge that employers are not legally required to endure an "undue hardship" in order to accomodate the religious employee.

http://www.adl.org/religious_freedom/resource_kit/religion_workplace.asp

An employer is not required to provide an accommodation that causes it an “undue hardship.” The U.S. Supreme Court has ruled that this means that an employer need not incur more than minimal costs in order to accommodate an employee’s religious practices.[SUP]5[/SUP] The EEOC has interpreted this to mean that an employer can show that a requested accommodation causes it an undue hardship if accommodating an employee’s religious practices requires anything more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees’ job rights or benefits, impairs workplace safety, causes coworkers to carry the accommodated employee’s share of potentially hazardous or burdensome work, or if the proposed accommodation conflicts with another law or regulation.

For example, an employer probably does not have to train a part-time employee at substantial cost in order to cover for another employee who is unable to work on Saturdays. Also, if a collective bargaining agreement is in force which sets forth rules regarding seniority and assignments, it may be an undue hardship to ask the employer to violate that agreement. An employer is also not required to pay premium or overtime costs in order to accommodate the religious needs of employees. Some employers do voluntarily pay these costs; however, this is up to the employer.

If you hire this guy and then find out he is not what he claims, and have to terminate him for non-performance, get ready for a law suit in religious grounds. I'd be real careful risking my own credibility advocating for someone you truly do not know, who might create a huge legal libility for your company.

 

[Peter Parka]

Can't he just work his day off if he takes a day off for his religious stuff?

 

[Accountable]

It has been legally tested on the federal level, and employers are not required to give special days off. This information below is from a religious advocacy group, so their bias is in favor of the religious employee - but even they acknowledge that employers are not legally required to endure an "undue hardship" in order to accomodate the religious employee.

http://www.adl.org/religious_freedom/resource_kit/religion_workplace.asp


If you hire this guy and then find out he is not what he claims, and have to terminate him for non-performance, get ready for a law suit in religious grounds. I'd be real careful risking my own credibility advocating for someone you truly do not know, who might create a huge legal libility for your company.

Yeh, I know some places don't have the flexibility to allow 4X10 schedules. Schools come to mind. It would be kind of useless to have one teacher come in on Sundays and take Thursdays off.

 

[BornReady]

If you hire this guy and then find out he is not what he claims, and have to terminate him for non-performance, get ready for a law suit in religious grounds.

Yeah, you raise a valid concern. We have a three month probationary period which is an at-will agreement. So I believe we can terminate him without cause during the first three months. But I'm not a manager. So I don't hate referring to my boss' expertise. I just hate to lose this guy. I've interviewed four other people for this position and none of them come close to this guy. My boss liked him too before his unusual request. His former employer gave him glowing references. He worked for them for twenty years. They let him go because he moved to my area. Even then they asked him to do contract work for them for the last three years.

Can't he just work his day off if he takes a day off for his religious stuff?

He offered to but my boss said no. I think John is right. My boss could make it work if he wanted to but he's worried because he thinks this guy is weird. In my experience, devout religious people are a little weird but normally make good employees. So I want to take the risk.

 

[Accountable]

Seems to be your boss' loss.

 

[Aeval]

OK...that makes sense.

I feel for the guy, it must be tough, but I also feel for your boss...he needs someone there steady, no doubt.

I think, honestly there should be a way to work around it. If it's a day now and again it shouldn't be an issue. Is he willing to make up hours for the time lost? (sorry, I didn't ready the other replies yet, this might be answered.)

 

[BornReady]

Seems to be your boss' loss.

It's frustrating. So many times management views their employees as "resources". Like they're machines, equally capable as any other resource. So it hardly matters who you have. Just fill the position. If a project is behind, just add another resource. That will catch it up. Yeah, right. But don't tell my boss I said any of that.

I think, honestly there should be a way to work around it. If it's a day now and again it shouldn't be an issue. Is he willing to make up hours for the time lost?

He offered to take a cut in pay, make up the time by working 10 hours 4 days a week, or else work Saturday or Sunday. The Saturday/Sunday option wouldn't work well. But my department is open 7 am to 6 pm Monday through Friday. So a 4 X 10 would work. Or a 32 hour week for less pay would work. My boss made that arrangement with another engineer that works for him.