Question

While the legal doctrine of reasonable accommodation (you read about that concept during our employment law chapters related to disabilities and religion) is not applicable in a contract dispute case, how might the application of that doctrine result in a solution for both parties? Sometimes, creative problem solving can result in a win-win rather than a win/lose situation. How might this be turned into a win-win?

Answer 1

Reasonable accommodation is expected from an employer, when an employee needs to fulfill  his /her religious obligations ( such as offering prayers five times a day for 5 minutes each or a permission to cover head) and the same can be fulfilled without affecting his /her performance at the job and without burdening his /her employer unduly. For most cases, the obligations are not too demanding so as to have a significant impact on the work performance or to put undue burden or hardship on employer. A win lose situation is the ine when one party sacrifices its interests to accommodate other's. There is a downside to it. If employer foregoes its productivity, it will create a bad blood between them. If the employee is refused straightaway, he /she might continue if in need, and might leave as soon as he /she finds a new opportunity, or just work with low morale- nothing is good for employment. A win win situation is resulted when both parties reciprocate and take care of each others' interests. It can happen when an employer readily agrees to make amends in the work schedule or policies to mak room for religious obligations, while employee goes an extra mile to do what it taks to serve the interests of employer. It results in better employee morale, high productivity, better interpersonal relationship, high employee engagement, good work culture and high level of belongingness for company that can also lower attrition rates, thereby creating a win win situation for both parties.