Byline: ON THE JOB By Dan Grinfas For The Register-Guard

Question: Is it legal for a religious day school to advertise for a varsity soccer coach with an ad that says they are seeking someone `committed to Christian evangelical faith who agrees with the mission and doctrinal statements'

Answer: This kind of hiring practice might pass muster if the school can show that belonging to the particular faith is necessary to perform the duties of the job. On the other hand, screening out applicants based on religious preference can be a form of illegal discrimination, when the employer is unable to show a bona fide occupational requirement.

An Oregon statute, ORS 659A.006, declares that the opportunity to obtain employment without discrimination because of religion and other protected classes is a civil right.

That same law, however, provides an exception in certain cases for a bona fide church or sectarian religious institution, such as a school, hospital or church camp. The organization may legally prefer an employee or applicant of one religion over another when: 1. The employee's or applicant's religion is the same as that of the employer; 2. In the employer's opinion, the religious preference will best serve the employer's purposes; and 3.The employment involved is closely connected with or related to the primary purposes of the church or institution.

The first two tests are not hard to meet, but the employer must meet all three tests to justify a religious hiring preference, and it is questionable whether the school passes the third test with respect to a soccer coach.

For example, it could be risky for the school to turn away a Buddhist soccer pro with five years of coaching experience in favor of an evangelical Christian coach with no formal experience. If faced with a claim of discrimination, could the school justify its hiring decision? Could it show that the coaching duties are closely connected with or related to the school's religious mission?.

Question: We have a husband and wife who both work for our organization. The wife has presented a copy of a temporary restraining order she has obtained against the husband, and she tells us that she is pursuing charges of domestic violence against him. How do we handle the situation?

Answer: Very carefully. This would be a good time to consult with your employment attorney.

The fact that a restraining order has been issued means the court found reason to believe that some violence, or at least the threat of harm, is involved. Violence occurring in the home won't necessarily cross over into your workplace, but that is not a risk you can afford to take.

When an employee is a victim of domestic violence, you need to take appropriate security precautions. Generally, that means excluding the abuser (or alleged abuser) from the workplace and taking other measures to protect your staff. In extreme cases, you may need to involve the police or even post a security guard. If you have an employee assistance program, referring the victim to counseling can also be helpful.

The difficulty is compounded by the fact that both individuals work for you. An employer's first inclination may be to terminate all parties involved because domestic violence situations often disrupt business operations. This is not a good solution, however. An employee who is terminated because she is a victim of domestic violence might have a wrongful discharge claim against you.

Also, terminating the husband based on an accusation or arrest can be discriminatory. It appears that he has not been convicted of any crime at this point, so unless he has done something that violates your workplace policies, or unless you can demonstrate that he poses a threat to your clients or employees, a better option may be a suspension pending the resolution of criminal charges. You might explore scheduling the husband and wife to work different shifts or in different departments, or having the husband telecommute temporarily, if his job allows it.

On The Job is written by attorney Dan Grinfas of the Oregon Bureau of Labor and Industries. Contact BOLI at (503) 731-4200, or BOLI, 800 N.E. Oregon St. No. 32, Portland, OR 97232.