The law prohibits employers from treating workers unfairly because of the religion they observe. But a recent court decision may negatively affect the rights of workers to receive accommodations for their religious beliefs. A panel for the U.S. Court of Appeals for the Third Circuit has sided with New Jersey Transit against one of its bus drivers, who complained that the transportation provider refused to let him take Sundays off.

The man describes himself as a born-again Christian and he follows the tenet that it is his religious obligation to refrain from working on the Sabbath. When he began working for NJ Transit as a full-time employee, he repeatedly informed his supervisors that he could not work on Sundays, yet management reportedly refused to accommodate his request, stating that if they made an exception for him, they would have to do so with all other employees.

Months after becoming a full-time driver, NJ Transit fired him. The man responded by filing an employment discrimination claim, arguing that the company violated his rights under the New Jersey Law Against Discrimination, abbreviated as LAD, and the Civil Rights Act of 1964, a federal law. Neither the trial court nor the appellate court sided with him, however.

In its opinion, the Court of Appeals stated the man knew or should have known when he took the full-time position that he could be asked to work on Sundays. Therefore, his decision to accept the position was not in good faith, according to the court. In addition, the court stated that it would be unduly difficult for NJ Transit to accommodate the man’s scheduling request.

The man’s attorney attempted to require NJ Transit to prove that a scheduling change would create a financial hardship for the company. Yet the court reached its decision despite never receiving that proof from NJ Transit.

While the result in this case is clearly unfortunate for the former bus driver, the court’s ruling may establish a precedent that could work to the detriment of other workers whose religion requires them to observe regular days of rest. We will provide updates to this area of the law as new developments in this case and others like it occur.

Source: New Jersey Jewish News, “Court ruling on Sabbath seen as ‘huge problem’,” Robert Wiener, Aug. 1, 2012.

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