Dear Joanna,

I am an observant Jew who wears his kippah all the time, including at the interview meeting. Also, I keep Shabbat and all of the Jewish holy days. I will be required to leave early on Fridays during the late fall and winter months, not to mention the weekdays that I will have to leave work early and even miss a few working days. I was recently interviewed by a leading company for a driver position, and did not get the job offer because many of the required shifts fell over Shabbat and holy days. I do however, feel that the interviewers discriminated against me because of my kippah. Needless to say, I didn’t get the job because they said I was unable to work the mandatory shifts.

I’m curious to know at which point of the job search process do you recommend that I discuss my religious accommodations?

Signed: Kippah Man

Dear Kippah Man,

Religious accommodations in the workplace is a hot topic on the Internet. According to the Ontario Human Rights Commission (OHRC)’s policy on accommodation of religious observances, a “job applicant’s religion cannot be used as a selection criterion for employment.”

Therefore, the OHRC states, “invitations to apply for employment and job application forms cannot contain:
1. questions about availability for work that are asked in a manner that reveals the applicant’s creed
2. questions designed to reveal that religious requirements may conflict with the prospective employer’s work schedules or workplace routines
3. inquiries as to religious affiliation, places of worship that are attended, or customs observed.”

The OHRC also discusses flexible scheduling for employees, once hired.The purpose of this measure is to allow a flexible work schedule for employees, or to allow for substitution or rescheduling of days when an employee’s religious beliefs do not permit him or her to work certain hours. For example, Seventh Day Adventists and members of the Jewish faith observe a Sabbath from sundown Friday to sundown Saturday. Observant members of these religions cannot work at these times.

Blogger Matt Youngquist on Career Horizons points out the complexity of religion, and the impact it can have on career choices and finding new work. Drawing on the following strategies suggested by Youngquist, as well as the perspective of our JVS Employment Counsellor (and Editor of this blog), Karin Lewis, I suggest you consider this:

1. Research the company.

Learn as much as you can about the business and job before applying. Read the website, their LinkedIn page and other social media to find out the hours, the flexibility and workplace culture, and anything you can about the company, prior to the application process and interview. If you learn that one of the “bona fide” job requirements is that a flexible shift work schedule is “considered reasonably necessary to the normal operation of a particular business”, and you will therefore, be expected to work on Shabbat and holy days, then you might wish to reconsider this job application. Try to find out if there is any flexibility with the shifts by identifying current employers for an information interview.

2. Consider whether you want to disclose in the job interview.

I have to admit that I have heard the occasional success story from clients who chose, after making an excellent impression during a job interview, to disclose their need for religious accommodations. In one case, the employer accommodated the Shabbat and Holy days schedule and hired the person for an IT position. In your case, if you are already in the interview room, I would present the hours you ARE available, rather than when you cannot work. Needless to say, you will not be able to work at this company if you cannot get this time off.

To establish trust with employers, it’s critical to come clean in the job interview about your needed accommodations with the work schedule, and to negotiate alternative ways to make up the time. If you are going to do so, Karin Lewis stresses that candidates must be crystal clear about the accommodations required as well as what you are willing to offer in place of this lost time. Lewis emphasizes the need to reiterate to the employer that you are willing to whatever it takes to do a great job!

3. Know your legal rights.

Employers cannot legally ask you direct questions about religion on a job application or during the interview process. There are some minor exceptions to this rule, but you will not be asked about your religion or accommodations regarding your faith. Youngquist adds that employers have a “don’t ask, don’t tell” policy: interviewers don’t ask about this subject, and candidates are not obligated to discuss their religion or accommodations. That’s one way to handle things.

4. Avoid risky territory.

Youngquist posits that being too candid about your religion (or proselytizing) can be damaging to your candidacy and hurt your chances of getting the job offer. If you are being interviewed with an organization and/or interviewer from a similar background, I still wouldn’t discuss the specific details of your religious philosophy or ritual practices, or any other personal matters, as this could cross into risky territory. Youngquist warns to avoid raising the faith issue pro-actively; only bring up the subject if it’s relevant to the job, or to a legal question where your beliefs “would be an integral part of your answer that you don’t want to leave out”. Don’t ask the interviewer about their particular beliefs, faith, or religion; if they choose to share this information voluntarily, that’s their decision, but you shouldn’t try to draw it out of them.

5. Job Search Basics.

Engage in a very targeted job search, by identifying lists of companies and hiring managers where you will be free to practice your religious observances. You can find this information out through speaking with employees of companies on the phone or through social media, building your professional network, attending employer events and job fairs, and being thorough in your analysis of the job descriptions and postings to which you are applying.

Joanna

A client in his early 60s recently contacted me to ask about his rights as an older job seeker. He had been applying for jobs in retail stores, and when he submitted an in person application to a large sportswear retailer, he was flatly told that he did “not look like their target demographic” – an obvious reference to his age. Looking around the store, he noted that he was older than the other sales staff, but commented to the store manager that since he is a customer and knows the product well, perhaps he could sell to older customers. The manager nodded and took the resume. He never called my client back.

The bottom line is that it is harder for older job seekers to secure employment. A New York Times article from January this year raised this issue, quoting Ofer Sharone, assistant professor at the MIT Sloan School of Management, author of “Flawed System/Flawed Self: Job Searching and Unemployment Experiences” and founder of the non-profit Institute for Career Transitions, saying that “with each decade the length it takes to get re-employed is longer”, suggesting that whereas it may take a younger person 7 months to find a job, job seekers over 55 can take nearly a year to do so.

Your Rights

In Ontario, the Human Rights Code tackles ageism through a specific set of rights and responsibilities for employers, employees and job seekers. Specifically as it related to employment, the “Policy on Discrimination Against Older Persons Because of Age” instructs that:

Job seekers and employees over the age of 18:
– have the right to be offered the same chances in employment as everyone else
– cannot be denied a job, training or a promotion due to their age
– cannot be forced to retire, because of age (In Ontario, mandatory retirement is illegal, with very few specific exceptions).

From their side, employers:
– cannot refuse to hire, train or promote people because of age
– are not allowed to unfairly target older workers, when reducing staff or reorganizing
– must make sure to create a workplace that is inclusive and respectful, and discrimination free.

To make a human rights complaint (called an application), people can contact the Human Rights Tribunal of Ontario (Toll Free) at 1-866-598-0322. For legal advice, applicants can contact the Human Rights Legal Support Centre (Toll Free) at 1-866-625-5179.

Strategies for handling age discrimination

The New York Times article suggested that many of the reasons that employers are reluctant to hire older workers are rooted in mistaken assumptions about them:

1. Employers might assume that older workers are not willing to make a long-term commitment to the job, whereas the evidence points at the opposite, according to Mr Sharone: “The older worker tends to be more loyal and stick around longer than the younger worker. The younger worker is moving around to acquire new skills.”

Strategy: Workers could anticipate this concern and address it in the cover letter and interview, to reassure employers of their intentions.

2. Employers sometimes expect that older workers are less productive and energetic. “Older workers are as productive as any other age group,” Mr. Sharone reported; “The variations are between workers, not age groups.”

Strategy: Workers could make a special effort to demonstrate enthusiasm, energy and vitality in their interactions with the employer

3. Employers worry that older job applicants might expect higher salaries or are overqualified. “Most people are happy and willing to go back to a position they had a few years ago, if it gets them back doing work they’re qualified to do and want to do,” Mr. Sharone said.

Strategy: Older workers can anticipate this concern and be clear about their salary and other expectations; they might even seek work in a new field, where they may have less experience, so this is not a concern.

4. Employers might assume that older workers lack technological skills. Concerns about the ability to master new technologies, and a lack of openness to change might occur in the employers’ mind, as well as a concern about how up-to-date an older candidate’s skills might be.

Strategy: As with all workers, older job seekers should ensure that their technological and software skills are updated and sharp. They should ensure that they have a strong social media presence, especially on LinkedIn. Job seekers can include a public URL link to their LinkedIn profile on their resume, cover letter and email.

Other strategies for minimizing ageism might include:

Join job search programs such as those offered at JVS Toronto’s Employment Source Centres – to update your resumes, learn new interview skills, enhance LinkedIn skills and explore the possibility of upgrading skills.
Expand your network – the New York Times article quotes Chris Farrell, the author of a book about older workers: “Academic research convincingly shows that more than half of all jobs come through a network. My suspicion is that the percentage is even higher for 60-plus workers. Meet with as many people from your network as possible. Gather their insights and their suggestions,” he suggested; “Always ask them the most critical question: ‘Who else should I talk to?’ ”.
Consider looking for work at smaller organizations, where experience and skill are needed and valued more; the article suggests employers such as “non-profits, start-ups, small trade associations and niche educational programs”.
Do you have a specialized skill set? Explore the possibility of becoming self-employed — offer your services as a consultant.
Seek out Third Quarter, a recruitment site which describes itself as “Canada’s recruiter for people 45 and over” and posts an impressive collection of jobs. Third Quarter also work with CARP to offer a range of workshops and networking opportunities for older workers.

Ask the Employment Specialist: Religious Accomodation

Joanna

Dealing with Age Discrimination: Workers’ rights and strategies

Your Rights

Strategies for handling age discrimination