Victory: Employee’s Request for Sundays Off Is Granted Following ACLJ’s Intervention (and He Got a Raise)

Last month we sent a demand letter to a major pet food manufacturer on behalf of our client, an employee who requested Sundays off to attend church. As we explained:

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 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.

Rather than granting his request to swap his Sunday shift and/or work on another day of the week as the schedule would allow, the company forced our client to continue with his assigned work schedule and to drain his accumulated PTO (personal time off) for every Sunday he needed off to observe the Sabbath. After his PTO had been nearly drained, our client was told that he could then attempt to pick up extra shifts to make up for his loss in work hours and salary – a privilege that is based on seniority and is rarely available to our client.

This arrangement failed to eliminate the conflict between our client’s religious beliefs and being forced to work on Sundays. Further, our client was also punished for his religious beliefs by being forced to drain his PTO or go without pay. As we noted before:

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.” The U.S. Supreme Court recently clarified that an undue hardship to the employer exists 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. Moreover, undue hardship is not evidenced simply by showing that it must pay another employee overtime.

In our demand letter to the employer, we demanded that it adhere to its obligation under Title VII of granting a reasonable religious accommodation. Shortly thereafter our client was offered a new position with the company that no longer requires him to work on Sundays. In addition, our 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 ACLJ will continue its nationwide efforts to defend and uphold religious liberties secured by law. If you want more information about your religious liberties in the workplace, read our article, Know Your Rights: Employee Religious Liberty Rights in the Workplace. Finally, if you or someone you know has experienced issues in this area, please contact us at ACLJ.org/HELP.