And in other Ten Commandment news, a Missouri woman won a court case against against a local library that fired her for refusing to work on Sundays. The article predicts we’ll see more and more cases like this in the future.
The Millennial Star
And in other Ten Commandment news, a Missouri woman won a court case against against a local library that fired her for refusing to work on Sundays. The article predicts we’ll see more and more cases like this in the future.
I appreciate employers who are sensitive to those who want a particular day off for religious reasons. My sister’s job, which is in California, is one that must be covered 7 days a week (it’s a huge horse farm, and the horses must be taken care of every day). Everyone works 6 days a week and gets a different day of the week off. When my sister first started working there, her supervisor told her that he assumed she was LDS because she’d gone to BYU and so had already given her Sunday as her day off, and asked if that worked for her. That definitely worked for her and she was grateful to them for thinking of that for her.
Yippee! I’ll never have to work a Sunday again. Hopefully there are doctors, firemen, police officer and others who 1)either aren’t Christian and don’t believe in keeping the sabbath day holy or 2)might just realize that sometimes work has to be done on the sabbath. Maybe I can be LDS and Seven Day Adventest and get a whole weekend off! Everything aside I am currently in a position where I am not required to work on Sundays and I consider myself very lucky. But at the same time I’ll do whatever it takes to provide for my family.
Jared, you have just created an excellent argument for marrying an Orthodox Jew or Seventh Day Adventist: a guaranteed weekend off for religious reasons!
Jared, I think you’re missing the point, unless you’re just being a goose to be amusing. Doctors, firemen, police officers and the like perform a necessary service. It’s up to their concionces (I can’t spell today; I’m sick) how they handle Sabbath observance. On the other hand, no one is going to die if the library isn’t open on Sunday.
Unless of course the doctor needs to quickly check out a book on brain surgery…
There are places that have libraries open on Sunday? I’ve got to move there, other than temples, libraries are the most peaceful places on Earth. I’d love to take my family to a library to relax on a Sunday, it would help us recover from the yellng, screaming and rushing around that is an LDS meeting house.
My comment was a little tongue in cheek but at the same time there was a point. If my boss tells me that I need to work Sunday it’s my job to do it. That’s how the bills get paid. Not only that but it has something to do with loyalty to your employer and giving of yourself to help the buisness. The article said that she was offered a settlement which she declined. In fact, I consider it discrimination to those employees who choose not to observe the Sabbath. She has asked for special treatment, not equal.
As a librarian this is really wacky. One of the items that is a constant in the library field is working evenings and weekends. It’s one of those jobs you get way to educated for to work convenience store hours but that’s the way things are. I hope this case doesn’t create some kind of prejudice against us religious folk working at a library, it’s part of the position.
But Jared, bosses have no right to order you to violate your personal beliefs. She has not asked for special treatment; she has asked for what should be hers under the Bill of Rights. If the other employees choose not to observe the Sabbath then bully for them. They’ve made their choice. Her choice — or rather, no one’s choice should be taken from them because other people choose differently.
It’s not as if you can just snap your fingers and get another job, nor would that necessarily solve anything. In our increasingly secular culture, many jobs would include Sabbath work.
What I want to know is how did that hiring process go? Did she tell them up front that she didn’t want to work on the Sabbath? Did they lie to her about giving her that day off? Or did she kinda spring this on them? The latter would definitely be poor manners and certainly poor employee skills.
Yes, the library may be a peaceful place. (Not quite so much at lunch time at my local one when the kids from the nearby high school descend in hoards to study or use the internet.) However, for it to be open on the Sabbath, someone must perforce break the Sabbath. Even if they don’t believe its a sin, do you want to be responsible for that? They will know someday. Also the more people who patronize such things on the Sabbath, the more other people will be forced into breaking the Sabbath to meet the demand. It’s a bad precedent all around.
I am not aware that the Bill of Rights provides for guaranteed employment. Since many people have different Sabbaths than Sunday, and others observe no Sabbath at all, many jobs will necessarily involve working on Sunday. This is not any kind of prohibition of the free exercise of religion.
She has not asked for special treatment; she has asked for what should be hers under the Bill of Rights.
Um, the Bill of Rights has nothing to do with it — this case arises under a federal civil rights statute. She isn’t entitled to religious accommodation under the Bill of Rights.
And she has asked for special treatment. That’s the point. The statute requires the employer to make reasonable accommodations for sincerely held religious belief, if it is not an undue hardship on the employer.
That’s also the answer to the question about the doctor, the fire fighter, and so on — if the nature of the job makes reasonable accommodtion impossible, or it is a serious hardship for the employer, then the employee isn’t entitled to Sunday off.
From my reading of the article, it seems unlikely, having been a non-issue at the time of her hire. At the time she was hired, apparently the library was not open on Sundays. It was only later after the library started opening on Sundays that this came up.
Which is why it strikes me as an “atypical” case, which may or may not lead to in increase in such litigation.
So what if your work doesn’t actually require Sunday work, but you have optional opportunities that require Sunday work? Should faithful LDS always turn those down?
Some years ago, I was offered the opportunity to be part of an invitation-only conference to which less than 100 researchers in my subspecialty were invited. It was a once-every-4-years kinda thing, and the proceedings become important reference work in the field. However, participants must sign a statement that they will attend all sessions of the conference, which included all day on Sunday.
Also, last year I was asked to serve on the national board of a professional organization, which would require weekend-long meetings four times a year during the two years of my tenure. Should I accept, figuring that the opportunity to make policy and do good outweigh the cost? Or should I decline?
And what if it isn’t really anything to do with paid work, but things like directing a play, and the community theater requiring a Sunday matinee performance? Should we decline to participate, or sue, or what?
Given that the library wasn’t even open on Sundays at the time she was hired, then I’d say it’s not an undue hardship on her employer to let her have Sundays off. Besides, this is a LIBRARY we are talking about. Libraries are paid for by taxes and donations, not by customers. Opening on Sunday has nothing (that I can see) to do with hardship for the employer.
I didn’t say her right to a job was protected by the Bill of Rights; I was saying that her right to believe and (whithin reason) to follow her beliefs is. If she were Jewish and had been fired for not working on their Sabbath, every one would be up in arms over the discrimination. But because she’s Christian, somehow it’s okay.
As for where we should draw that line about Sabbath work and observance, then I’d say that’s up to each person. On the other hand, keeping the Sabbath holy is a commandment. You may make an exception for something unusual (like a once every four years conference) or for a chance to give back to the community (like directing a community theater) but I think that working on the Sabbath, as in spending every Sabbath at your place of business is crossing the line.
Did I say I think? No. I know. When I worked in Japan I had to work on Sundays. I justified it to myself because it was for my job, without which I couldn’t live in Japan. (I lived in company-provided housing too.) So for two years I didn’t keep the Sabbath. Finally in my last year I was able to get Sunday off and I can’t tell you how much of a difference it made. Even at the little branch I attended, where I couldn’t understand the speakers or the classes (though they and the missionaries made a valiant effort to help me), I was still able to feel the influence of the Spirit and know the difference it made in my life.
I’m no lawyer, but it seems to me that the key element to the case is whether or not she knew about the Sunday requirement when she started. If she agreed that she would be asked to work, and then refused, they would have every right to fire her.
Now, my opinion seems to be contradicted by the story, so I don’t know … maybe/hopefully this is an aberration.
Any way, my take:
I work in an environment where Sunday labor is critical at times. I was told early on that whether or not I actually worked on Sunday was up to me — but that I would not be treated any differently than anyone else. Meaning, if I wanted to avoid Sunday labor (generally on-call remote work or periodic pre-planned special project work that would take 2-3 hours), I would have to figure it out on my own, either by trading with people, negotiating it to other days with our clients, or by sucking it up and doing it. There is a bishop on our staff, and he tries to use his influence to avoid Sunday work, but when he has to work (or travel to be at a client site on Monday), he does it.
I just don’t see the practice of suing employers over Sunday employment persisting. The employer has a right to demand periodic Sunday work. The employee has a right to work elsewhere.
I didn’t say her right to a job was protected by the Bill of Rights; I was saying that her right to believe and (whithin reason) to follow her beliefs is.
I repeat that the Bill of Rights has nothing to do with this. The Bill of Rights — specifically the First Amendment — prohibits the establishment of a state religion, and prohibits the government from forcing citizens to practice a state religion. It does not confer any right to “follow her beliefs,” in the workplace or elsewhere.
If she were Jewish and had been fired for not working on their Sabbath, every one would be up in arms over the discrimination. But because she’s Christian, somehow it’s okay.
No, it’s not, under Title VII, which is why she won reinstatement and back pay.
This is a very, very, plain vanilla, run-of-the-mill employment discrimination case.
When I started residency I told my co-residents that due to my religion I wouldn’t be taking any Sunday call. I let them believe this for about two minutes while their tempers rose to the point of detonation. I envy careers where this choice is possible.
Can any of you tell me any details about this case, or provide a new link, since the old one does not work? I am finding myself in a similar situation and may need to know the legal course to pursue. And I also happen to live in Missouri. Thanks!
Most libraries around here are open on Sunday for a full eight hours, closed completely at least one weekday, and are only open later than five so many days a week.
When I was growing up, the library was only open for three or four hours on Sunday, and not during summer. It was open until eight each weeknight.
Steven, #18, try this link:
http://card.wordpress.com/2006/11/17/woman-wins-anti-christian-discrimination-case/
That link worked, once I changed http:// to www. Thank you.
The laws in the USA as they are now basically say an employer can refuse all requests for accommodation based on undue hardship. Undue hardship seems to be defined roughly as costing the business ANYTHING more than usual. This roughly equates to “f**k your request”. Technically using the Christians and Sunday example, a business could say that Sunday is a very busy day and they have nobody to replace the employee on that day without hiring someone else.
I’m not an overly religious person but I do have a set of moral beliefs. I believe it is immoral for businesses to care more about profit than their own employees. When you have happy employees, those employees will generally work harder and thus bring the company more profit and efficiency. It is in the best interest of the company to care for their investments (employees). If a few employees have a requirement of their religious belief to not work on a certain day, hire a part time worker to cover the hours. One part time worker could potentially cover several employees days off. Since it will cost the company practically nothing more, it wouldn’t be an undue hardship.
BTW forgot to note the url in the article is broken and yes I know, old article and old topic.