Again, I see your point, but don't you think that interpretation of the law is a little extreme.
This is not
my interpretation of the law. This is the interpretation of the courts on all levels within the United States.
As I understand it you are not allowed to ask employees about their personal religious beliefs or discriminate based on that. I don't think there is any prohibition against the business owner explaining that his religious beliefs are at the root of any specific business decision. I mean what happens when an employee who doesn't know asks why they aren't open on Sundays? "Sorry, I can't tell you because it has to do with something we don't talk about due to legal restriction. All you need to know is that we are closed."
This is how people get into trouble and why HR management is it's own specialized field. From your previous hypotheticals, you don't feel you referred to the applicant's religion, when in fact you did. Furthermore, you opened the door by asking what could be interpreted as a leading question. In testimony, it would go like this: "Why did you mention your religious beliefs, Mr. Lee?" Mr. Lee "Well, the manager asked me if I were religious or not."
A simple statement of fact, that "the store is closed on Sundays due to the founder, owner and CEO's religious beliefs" is fine. Referencing the applicants religious beliefs is not.
Clearly, common sense would indicate that the manager meant nothing by this, but HR people involved with large organizations will tell you that this is one of the things you SHOULDN'T do.
I only know this because I often work for organizations that hire in one country but second personnel to another. In this case, countries might have conflicting laws.
I like the principal behind why they are closed on Sunday as well, but I don't like it when a Sunday comes around and I'm craving a chicken sandwich, waffle fries, and lemonade.
I don't really eat fast food so I don't really know if their food is any good. I like the idea that the founder is willing to stand behind his principles, even if I think his principles are outmoded.
Chick-fil-A (1946/Truett Cathy) is privately-held and family-owned U.S. restaurant with over 1,400 locations. Nobody is forcing anyone to work for them or buy their products (which happen to be among the best fast-food chicken sandwiches available). Letting potential employees know about Chick-fil-A work schedule (Sunday being closed) is not only correct; it is appropriate under the circumstances. No implication of religious was made [in my opinion]; only an explanation that the company practices that schedule. If you have objection to it don't patronize them or don't work for them.
Being privately held has no bearing on compliance with laws regarding discriminatory hiring practices. These laws are in place for a good reason - historically, this is how bigots of all stripes discriminated against potential hires.
In fact, depending on the organization, mentioning any of the major discrimination factors on a CV is often grounds for immediate disqualification of the candidate.
As mscriv mentioned, most of the time, it's a simple matter of misunderstanding and misinterpretation but as a manager, it is your responsibility to be aware of the law.
Me too; I wish more retail and food establishments were closed Sundays so employees could spend time with family and honor/worship their faith if they choose to. Some of the older folks on the board may recall Blue Laws practiced in most states; where/when most stores/establishments were closed one day a week for such honor. Sadly, growing secularism ended this widespread practice.
I think it has less to do with secularism than capitalism.
