If my employer refuses to grant me a religious accommodation and I live in at will state, what can I do to fight it?

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If my employer refuses to grant me a religious accommodation and I live in at will state, what can I do to fight it?

I have been employed with my employer for 14 years. About 5 years ago, our company’s name changed as we were brought out by another company. However, such things as tenure merged with the new company. Prior to the change, I was approved for a religious accommodation. Within the last 5 years, I have not had to utilize this accommodation because my schedule was changed due to a promotion. It has now been brought to my attention that my scheduled hours may change which may affect my religious obligations.

Asked on August 5, 2019 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your new employer must abide by a pre-exisiting accomodation that was granted to an employee. In other words, such an accomodation will not expire upon the change of ownership of a company. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are correct: a religious accommodation does not have an expiration date and is not affected by any change in ownership, name, etc. of your employer. If there is a reasonable accommodation, such as having you not work a shift on your sabbath, but working on other days instead, your employer (whomever it is) must give you it.


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