My colleague, Gary Starr, returns this morning with a post on a recent case that has implications for employers nationwide. You wouldn’t think that fingerprinting would be brought into the world of religious accommodations. After all, the importance of background checks cannot be denied, particularly when the prospective employee is going to work with children or the elderly. Vulnerable populations need assurance that those with whom they will be dealing have their best interests at heart. Background checks, however, can raise strange issues for employers when the person asked to authorize a background check indicates that he/she has a religious objection to fingerprinting. In a recent federal case (download here), a bus driver, who was required to submit to a background check to retain her position, refused to undergo a fingerprint background check. She explained that it was her sincere religious belief that fingerprinting is the “mark of the devil” and that fingerpri...
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