Questions and Answers with Mike Lauderdale

Published: July 1, 2008

Today's Q&A is with Mike Lauderdale, an employment law attorney with McAfee & Taft law firm in Oklahoma City.

Q: Was there a recent substantial jury verdict in which a company was held liable for denying employees a day off to attend a church convention?

A: Yes. A federal jury in Arkansas awarded a total of $756,000 to two male customer service technicians who said that they were suspended and fired for attending a Jehovah's Witnesses convention.

Q: What was the factual and legal background of this case?

A: This lawsuit was brought by the Equal Employment Opportunity Commission. According to the filings in the case, the employees submitted written requests to their manager for one day of leave to attend a religious observance that was scheduled from a Friday to a Sunday. The employees had attended the convention every year throughout their employment. One employee had attended the convention for the prior six years and the other for the previous eight years. The employees were subsequently terminated for attending the event without permission.

Q: What obligation does an employer have to accommodate the religious needs of its employees?

A: For employers that are subject to Title VII of the Civil Rights Act of 1965, as amended, an employer is prohibited from treating employees or applicants more or less favorably because of their sincere religious beliefs or practices. Employers are also required to “reasonably accommodate” an employee's sincerely held religious practices unless doing so would impose an undue hardship on the employer. A reasonable religious accommodation is any adjustment to the work environment that would allow the employee to practice his/her religion. This could include accommodations such as flexible scheduling, voluntary substitution or swaps, job reassignments and lateral transfers, modification of grooming requirements and other workplace practices, policies and/or procedures.

Q: What practical advice do you have for employers that are dealing with requests for religious accommodations?

A: An employer should ensure that it treats all of its employees in a fair and impartial manner. It appears that one of the reasons that the jury verdict was entered in the Arkansas case was that the employees had been allowed to attend the event for a long period of time. Employers should attempt to make sure that they follow their past customs and practices unless there is a legitimate, defensible reason not to do so.

Business Writer Paula Burkes

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