Religious Based Objections to Training Materials

[David Guinn]

I have not read the decision in this case, but I have to admit that I am mystified by the holding as reported by the story.   I understand the point that it is not appropriate for a court (or employer) to determine the content of a person's faith.  However -

(1) I am not sure on what basis a business is obligated to provide training to employees PRIOR to employment.

(2)  If an employer accepts training in lieu of requiring experience, why does that impose as special obligation as to the content of that training?  (That seems to be the requirement of this holding.)

(3)  I can understand if the employer conditioned employment on a particular type of training (one what incorporated a particular bias - either for or against religion - or one that indoctrinated racial hatred) that could be considered as a discriminatory employment practice, there was no indication of that in this case.  The employer would have accepted prior sales experience or -presumably - proper sales training obtained by the prospective employee.  According to the story, there was no evidence that the employer had either commissioned or entered into any special arrangement with the one training program that it did accept in lieu of experience.

I find this case troubling.  If liability is found, the obvious recourse for the dealership is either (a) to discard the option of accepting training in lieu of experience or, more troubling, (b) to specifically exclude any training that might possibly involve religion for fear that it might offend someone.

David

David E. Guinn, JD, PhD
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>>> James Maule <MAULE at LAW.VILLANOVA.EDU> 01/31 11:27 AM >>>
Texas' 14th Court of Appeals remanded the dismissal of an employee's lawsuit alleging that training materials used by the employer conflicted with her religious beliefs, holding that she had introduced sufficient evidence for the case to proceed.

Reported as the first decision under the Texas Commission on Human Rights Act based on religious beliefs

Full text of story
                  Christian Gets Another Shot in
                  Suit Against Car Dealership

http://www.lawnewsnetwork.com/stories/A14587-2000Jan28.html




Jim Maule
Professor of Law
Villanova University School of Law
Villanova, PA 19085
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maule at law.villanova.edu
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