Do I have a winnable employment discrimination case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have a winnable employment discrimination case?
I work for a restaurant. I was being considered for a promotion but was turned down solely because I am unavailable to work on Sabbaths (Friday sundown to Saturday sundown); this is my religious practice. Other people have been given this promotion who do not work on Sundays. I am the most qualified person for the promotion and the only person showing interest. There are more than 15 people working at this business. I believe that they can provide a reasonable accommodation for my situation.
Asked on September 25, 2011 under Employment Labor Law, North Dakota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may well have a winnable case; certainly, from what you write, it would be worthwhile consulting with an employment attorney. As it seems you understand, while an employer's obligation to not discriminate on the basis of religion is not absolute, in that the employer is only required to make "reasonable accomodations"--i.e. the employer does not need to give a promotion to someone who simply cannot do the job, due to some religious considerations--if there are reasonable accomodations that would allow you to do the job, then it may discriminatory to not give you the promotion. The issue will likely turn on the specific facts--for example, is Friday night and/or Saturday day busier than Sunday, so that not working those days is more of an issue? Is the position specifically for a manager (or whatever) for the Friday night shift? Etc. Your attorney can discuss the specifics of your situation with you. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.