Team, Employment Law sometimes involves resolving conflicts between two duties placed on an employer. For example, let’s look at in an industrial setting that presents a danger under OSHA’s general duty clause which we study later in our course and the right of the employee not to be discriminated on the job site because of his religious beliefs (for example, wearing facial hair).
So where can we draw the line? If we say the no beard rule must stand for safety concerns which is an essential job function, are we in effect permitting the employer to exclude persons of religions that require males to wear beards from the workplace?
Should an employer be required to find safety equipment such as a respirator that would accommodate a beard? Where does undue hardship enter the equation?
