Why? That’s a question you not only hear multiple times a day, but also one that you likely find yourself asking quite frequently. The question why is one of the best ways to reflect one’s curiosity, and while many of us probably use this question without pretense or an ulterior motive behind it, recent case law has shown us that we may want to think twice before asking the question.
Earlier this year, the 10th Circuit Court of Appeals indicated that employers need to be careful when they ask the question why. Employers should not ask the question in an attempt to discredit an employee but instead use it as a tool to better understand what the employee is asking for.
For example, let’s say an employee asks for a religious accommodation. The employee requests Sunday off due to their need to attend church. Rather than questioning whether they are actually going to church or whether their beliefs require church, an employer should focus more on what the accommodation would require. Does the employee need the full day off? Are there services at different times?
An employer can no longer question the validity of an employee’s belief but instead should focus the interactive process on what the most reasonable accommodation for the employee is and whether that causes an undue hardship.
If you have any questions or concerns when it comes to asking employees questions and the proper use of the question why, please reach out to one of the attorneys at Employers Council.
Jessy Bonds is an attorney for Employers Council.