Religious Accommodation

[dil]

Over 3 years ago I informed my employer of my need for a religious accommodation. I am required to work one Sabbath a month. After a long fight I was granted an accommodation. As long as I found someone to volunteer to work for me on Sabbath, I would not have to do it. A coworker volunteer to cover my Saturdays, because it was more convinient for him. His situation changed and he stop volunteering for a few months.

Later his situation changed again and he again requested to work on every Saturdays. (He did not specifically say that he was working to cover my Saturdays.) He was allowed to do just that and as a result 2 other coworkers, which have never requested an accommodation, were excempt from working on their monthly Saturday.

When I found out that the coworker had volunteered again, I asked my supervisor for an accommodation, since there was an extra person working on Saturdays and I could be excused.

After consulting with his supervisor, he informed me that the request for accommodation was denied. His reason being that the person involved did want to perform all of the duties for which he is qualified on the Saturdays that he works.

I pointed to my supervisor the fact that we all have the same job classification and expected to perform the same type of work.
He still insisted that no accommodation would be granted.

- Seniority is not an issue. Every one is required to work once a month.

- I have volunteered to work on Sundays instead of Saturdays. The union was willing to approve a Memo of Understanding allowing me to waive the Sunday pay differential. That request was also turned down by my employer.

- The employer claims to have a minimum staffing standard, yet if people call in sick or there is less people than the alleged "minimum", no one is called in for overtime. We are considered "non-essential" by the employer.

QUESTION:

If the coworker that volunteered to work every Saturday did not specifically state that he was going to cover for me, yet he is considered "extra" (there are no minimum staffing standards), does this allow the employer to say that no one has volunteer to work my Saturdays? I believe that is only a technicality

Does the fact that 2 other coworkers were excused from performing their monthly Saturday rotation as a direct result of this coworker volunteering to take all Saturdays, constitute "disparate impact"? Even if the discrimination is not done intentionally?

Thanks

 

[Attorney_Replogle]

It appears that the employer has willfully violated Title VII of the Civil Rights Act of 1964, which requires them to make a reasonable accommodation for your religious needs. Since you are a union employee, you have to follow all the detailed grievance procedures of your Collective Bargaining Agreement (CBA) to resolve this issue. You can read more on this Act at freeadvice.com/gov_material/eeoc-religious-discrimination-facts.htm.

Since the employer has no minimum staffing requirements, then given that you have arranged to have another employee work for you on your Sabbath, then the employer has no right to say that their staffing needs is not covered. I would think that the employee covering your shift would have to make it know to the employer that he/she is covering your shift. Else, how is the employer to know?

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Mark B. Replogle