The Corner

Un-Clean-Up in Aisle Six

I can’t say I’m as outraged as many people are about the Target cashiers who won’t touch pork. Though I do think it’s more than a little absurd. But here’s a question for Andy McCarthy, I guess. Would it violate first amendment/free exercise laws for supermarkets to refuse to hire Muslims who refuse to touch pork? It seems to me that this would be perfectly reasonable as touching products with pork in them could be seen as part of your job description. I’m not advocating a position one way or the other, just curious.

Update: From someone who really knows this stuff:

Target’s not a state actor so First Amendment considerations are generally inapplicable. It’s a question of whether forcing an employee to do something contrary to his religion is religious discrimination under Title VII. Where the employer attempts reasonably to accommodate the employee’s religious practices, it’s not a Title VII violation. Now, if the employee’s subject to a collective bargaining agreement, there are a host of other issues….

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