Kim Davis at fault: Looking through the eyes of Human Resource Managment

Before I even begin, I would like to quiet all the uber conservatives out there that are super loud and proud about their religion. Not that that is a bad thing, but some tend to condemn a lot of people with one hand and be a hypocrite with the other:

“ye without sin cast the first stone.”

“love your neighbor.”

Ok cool now I can continue with my diagnoses of the Kim Davis situation. So let me tell you about my views.

  1. I am a Southern Baptist born and raised however, after being in the “real world” some of the spoon feed doctrines have lost some of the power over me. In my opinion, God put you on this earth to make your own decisions and whatever you choose to do, i’m cool with. I can and will respect your choices and I will NEVER talk down to anyone as long as they respect me. I mean I think this is fair.
  2. I want to one day enjoy an environment where religion is respected and so too are the personal life choices of others. Why not stop there? I hope one day EVERYTHING that makes us different is respected and cherished. I may never see this utopia, but it is still great to think about and work towards.
  3. I believe that men, women, trans, non-conforming, and everyone else are created equal and deserve the same rights under our laws, unfortunately this isn’t the case (#blacklivesmatter).
  4. Your freedoms end where my nose begins.
  5. I am making my opinion on Kim Davis using what I have been taught during my undergraduate studies in Human Resource Management.

Ok so let’s start.

In the business world, when I go to hire someone for a particular position, there is a certain criteria they must meet called job descriptions and bona fide occupational qualifications (or BFOQs). The job description is a literal list of duties and tasks that MUST be done in order to be successful in one’s job. In order to be a cashier at Wal-Mart, one must know how to operate a cash register, basic math, money handling skills, and just good manners. The job description would list what kind of knowledge, skills, and abilities needed to fill this job and do the necessary job functions.

BFOQs are a little more tricky as they typically are traits of a job that are unique and required. To provide a easy example: in order to be a Kosher butcher, one must handle foods in a way required to maintain the Jewish dietary requirements. Typically, the actual butcher is Jewish and knows the faith. If I owned a meat company, I can make being Jewish and knowing the restrictions a BFOQ for the job of Kosher butcher. Legally, I am protected because it is REQUIRED to have the qualifications to successfully complete the job and can advertise as so. If someone wanted to try and and sue me based discrimination of religion, two things would happen: 1) religion is not a protected group such as sex and age; 2) once it is proven that you do not met the BFOQ required for the job, case is closed. If at any point you have a change in status, say you change religions, you are no longer qualified. If you notify your employer, that are impressed upon by law and good manners to find you an equivalent job of equal pay with them or support you as you find a new job.

Simple so far, right?

So let’s look at Kim Davis

So Kim was qualified for her job. She had served in the position and was find until the recent ruling that made gay marriage legal. At that point in time, Kim should have notified her employer that a new part of her job would go against her religion. Then her employer should have found her a suitable job or provided some kind of assistance. Everyone is happy. Unfortunately, this is not what happened.

Kim Davis did not notify her employer through the official channels. Not only this, but her employer did not do the due diligence to inquire if new practices would be “ok” with their employees. However, Kim is responsible for notifying her employer and since she did not, she should be terminated. And the employer is 100% covered by the law with the catch that they did take the time to inform and inquire about the new policies.

So, using the HRM approach, Kim Davis is responsible. The employer is covered, and we need to hire a new employee.

To summarize, religion is not a covered class. It take communication on all sides to make a fluid and productive work environment. Kim Davis is wrong, but her employer should have made some efforts. Case closed.