Court rules working on Sunday is not a basis for discrimination
byLindy Korn, Esq.
An employee failed to establish that he had a bona
fide religious reason that prevented him from working on Sundays or
around the Christmas holiday.
The facts are as follows: After periodically working on weekends
for 14 years, the employee alleged that his assigned duty on Sundays,
and the employer’s failure to grant him vacation time during Christmas,
was discriminatory due to his religion.
The employee contended that he was prevented from acting upon
his “Christian duties” in attending religious services and
taking care of his family.
A court rejected the employee’s claims, finding that the
employee was applying a subjective definition of religion. It distinguished a mere personal preference wrapped in religious
garb to that of a particular belief system that is an essential part
of one’s religious faith.
It also took note of the fact the employee only recently objected
to Sunday work after working on weekends for many years.
Additionally, the employee failed to offer any explanation for
why he did not attend religious services for even those Sundays he was
off work.
Perhaps the reasoning behind the court’s decision of finding
that the employee had a duty to work on Sunday was because of the past
practice and custom at his place of employment, which included working
on weekends. It is also clear that the court’s
interpretation of a religious, faith-based reason for needing Sunday
off did not extend to a personal preference or convenience, including
religious services and family care.
The fact that this case was actually submitted to a court is
evidence of a communication breakdown between employer and employee,
which can be fatal to a healthy workplace relationship.
The employer may have inquired as to why the employee needed
or wanted time off for religious purposes, where previously that was
not necessary. Exploring the change of circumstances
based of the employee’s work history may have led to a better
decision and option for both employer and employee.
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