One religious comment doesn’t trump legitimate discipline — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

One religious comment doesn’t trump legitimate discipline

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in Discrimination and Harassment,Human Resources

Just because religion was mentioned at work doesn’t mean you will lose a religious harassment lawsuit.

Recent case: Rebecca, who is Jewish, was a nurse. One day, she heard a co-worker say she was going to try to “Jew down” the seller of a camper. Rebecca reported the comment to a supervisor, who admonished staff to mind their language.

Later, the co-worker became Rebecca’s boss. Rebecca began to miss work and several patients complained about her bedside manners. When she hit the maximum disciplinary points under the hospital’s disciplinary policy, she was terminated.

She sued, alleging religious harassment and retaliation. The court tossed out her case, reasoning that a one-time comment wasn’t harassment and that the hospital had a legitimate reason to terminate her. (Shirrell v. St. Francis, No. 14-2594, 8th Cir., 2015)

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