Accommodating religious practices
I don’t seem to be able to convince people that their holiday feelings are their problems and not mine.
Most of my long term friends are used to this and even if they don’t totally understand they leave me alone about it.
FEHA defines “employer” as any person regularly employing 5 or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as specified.
in an action alleging that a defendant failed to take all reasonable steps necessary to prevent discrimination and harassment from occurring, as described above, to show that the employer knew that the conduct was unwelcome to the that the conduct would meet the legal standard for harassment or discrimination if it increased in severity or became pervasive, and that the defendant failed to take all reasonable steps to prevent the same or similar conduct from recurring.
The bill would prohibit an employer, in exchange for a raise or bonus, or as a condition of employment of continued employment, from requiring the execution of a release of a claim or right under FEHA or to require an employee to sign a nondisparagement agreement or other document that purports to deny the employee the right to disclose information about unlawful acts in the workplace, including, but not limited to, sexual harassment.
The bill would provide that an agreement or document in violation of either of those prohibitions is contrary to public policy and unenforceable.
Not only do I have my own holiday to celebrate that is much less stressful thank you very much, I really hate the constant pressure to observe someone else’s holidays.
In this regard, the Legislature affirms its approval of the standard set forth by Justice Ruth Bader Ginsburg in her concurrence in Harris v. It suffices to prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did, that the harassment so altered working conditions as to make it more difficult to do the job.” (Id.
If your goal is quickly dodging the interactions with people – especially people you aren’t that close to, people senior to you at work, people you see rarely – one strategy at your disposal is thanking people for the effort at inclusion as you decline the substance of the invitation, like, “Thank you for inviting me/wanting to include me in your holiday celebration, that’s very kind of you, but I’m Jewish and it’s really important to me to focus on my own holidays at this time of year.” “I appreciate you wanting to include me, that’s very kind. If the person doesn’t back off, they are the ones who are making the situation really, really weird.
I’d love to come hang out another time, but at this time of year I really like to focus on Jewish celebrations/my holiday traditions/my Jewish family & friends, so, I won’t make it.” In other words, treat the person like they have good intentions, acknowledge that the invitation is kindly meant, and reiterate your refusal. If you feel safe to do so, go ahead and let it be as uncomfortable for them as it is for you. Scripts/strategies: I can’t turn down the background volume for you but hopefully this can give you some confidence in sticking by your crankiness without apology.
FEHA provides that an employer may be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
This bill would instead make the above provision apply with respect to any type of harassment prohibited under FEHA of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace.
Search for accommodating religious practices:
at 26).(b) A single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment if the harassing conduct has unreasonably interfered with the plaintiff’s work performance or created an intimidating, hostile, or offensive working environment.