Accommodation allows man of faith to return to church attendance

The names of those involved in a fight over church attendance aren’t being released by the American Center for Law and Justice, apparently because the dispute was resolved through discussion and negotiation.

But it does mean that a man, an ACLJ client, how is able to resume attending church services on Sundays.

The legal team earlier had complained to his employer, a major pet food company, because he was being ordered to work on Sundays.

“Our client began working as a forklift operator at the manufacturing facility in 2018. Originally, he worked the night shift from 7 p.m. to 7 a.m., making a religious accommodation to attend church unnecessary. Over time, however, the night shift took its toll on our client, and he opted for the day shift,” the ACLJ said.

“The schedule implemented by his employer required all forklift operators, including our client, to work a Friday–Sunday shift every other week without exception. Accordingly, our client was being forced to miss church every other Sunday without reprieve. Upon learning of his rights under Title VII to request an accommodation, our client reached out to his supervisor to make such a request.”

The company, however, initially responded with orders that he continue his assignment, and he could drain his personal time off for each Sunday that he wanted to attend.

Even a company determination that he could swap Sunday shifts with others did not resolve the conflict.

“Further, our client was also punished for his religious beliefs by being forced to drain his PTO or go without pay,” the legal team said.

“Title VII requires employers to accommodate an employee’s religious practice unless it would pose an ‘undue hardship’ on the employer. EEOC guidance also makes clear that ’employers may grant these accommodations for religious reasons but still refuse to grant them for secular reasons.'”

And, the report said, the Supreme Court has specified that an undue hardship happens “only where the request substantially interferes with the operations of the employer and/or results in excessive costs. Temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs do not rise to the level of undue hardship.”

The result was that the company offered the worker a new position that does not require him to work on Sundays, the ACLJ said.

Further, the client “will receive a raise in pay and will not be forced to use PTO to cover his Sundays moving forward.”

“This is a great victory for our client and a testament to the many brave employees who stand up and challenge the unlawful conduct of employers who discriminate against their religious beliefs,” the organization said.

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