QUESTION

can an employer ask about religious preference post-hire?

Asked on Jun 06th, 2014 on Labor and Employment - Texas
More details to this question:
an industrial clinic we use asks for religious preference of employees. can we ask that or is it better left to the medical staff?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
The asking is not the illegal part - the using of that information to discrimnate is.  Its hard to tell from your question, but it appears that you may be an employer.  It also sounds like this clinic may be a vendor of sorts.  Assuming I am correct as to both of the forgoing, I would make sure the vendor never discloses to the employer the employees' answer to this question.  If you don't have the information, it would be much easier to defend a religious discrimination claim brought by the employee at a later date.
Answered on Jun 09th, 2014 at 4:02 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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