Sunday, April 12, 2015
Three Former Nationals Ushers File Religious Discrimination Suit
Original Article:http://www.fangraphs.com/blogs/instagraphs/washington-nationals-sued-for-religious-discrimination/
Throughout the 2013 baseball season, three men of the 7th Day Adventists church were permitted to avoid working games that were on Friday nights, and Saturday days, citing those times as being ones designated for religious purpose under their religion. However, at the end of the season, the Nationals decided to fire the employees because their religion required an accommodation.
The three employees have filed a religious suit against the team citing religious discrimination, and are seeking damages as well as back pay for time missed due to their termination. All three of the defendants are DC residents who had been given significant praise by their supervisors, and were regarded well within the community as efficient and effective ushers. The suit further claims that the team had began reassigning its ushers, and scheduling more games during the sabbath time of observance for the three men. According to the 7th Day Adventist church, the sabbath is supposed to be observed from sundown Friday until sundown Saturday. The Nationals fired the ushers on the grounds that their religious observance prevented them from working the minimum 80% of the teams games.
Under the Civil Rights Act of 1964, employers are generally forbidden from discriminating against an employee based on religion, and must accommodate the employee should their sabbath observance come in conflict with their work schedule. Exceptions to the rule come into play when the employer experiences some form of 'undue hardship'. This qualifies as excessive expenditure by the employer, or requiring other employees to overcompensate for those who are in observance. While there are potential legitimate cases that could be made regarding undue hardship, it is unlikely that the Nationals will allow this to go to court, and a settlement is sure to come.
In regards to free exercise, I understand the position that the 7th Day Adventists find themselves in. The three ushers are obligated by their religion to be in observance. However, I find myself siding with the Nationals in their termination of the ushers. The inability to work Fridays and Saturdays at a baseball stadium is, in my opinion, a sense of undue hardship. These are key nights in baseball, where there will be the most attendance, and the highest necessity for reliable employees. If the organization cannot rely on these ushers to work these key time slots, I am sure there are other people more then willing to show up on time and work those shifts. It is an unfortunate circumstance where religion crosses over into the workplace, however, I think it is most efficient for the organization to have consistent employees. In this case, they will be able to find those employees, who are not in need of such accommodations.
What do you think? Constitutionally, this is a grey area, as I interpret the Civil Rights Act of 1964, however, you may have another opinion. Is there a case to be made for undue hardship? or is the organization blatantly exhibiting religious discrimination?
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