Question
Jonathan runs a large hospital and has determined that the safety of nurses during certain procedures requires them to wear special surgical masks to avoid
Jonathan runs a large hospital and has determined that the safety of nurses during certain procedures requires them to wear special surgical masks to avoid radiation exposure. The masks cost $150 each and are designed to protect the nurses' heads and necks. The company hired to produce the masks tells Jonathan that the protective gear cannot be fitted for two nurses because of their religious head coverings, which they have indicated their religion requires them to wear at all times. Jonathan knows that he cannot put the health of the nurses at risk, so he asks the company for another option. The company tells Jonathan it will research alternatives, but because this will be a time-consuming project, there will be a $200 charge. Jonathan agrees to this charge.
Two weeks later, the production company submits its proposal to Jonathan. The cost of the two special-order helmets will be $500. Jonathan tells the two observant nurses that each will be required to pay $350 for the helmet, which represents the difference between what is being paid for the masks for the majority of the staff ($150) and what is being paid for their helmets ($500). Jonathan tells the nurses that because he knows the hospital must offer them a reasonable accommodation, the hospital will absorb the $200 cost associated with the research performed by the company.
Do you think the hospital would be subject to a claim for religious discrimination based on this set of facts? Why or why not? Are there any more facts are needed to know in order to provide a more complete analysis?
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