Legal Question in Employment Law in Washington
Sunday off for religious beliefs
My wife works for Target. She has what is considered a team lead position. She inquired about transferring back to a store she came from. When she said she wanted Sunday off for religious beliefs, she was told that while there is no written policy on this, it is ''implied''that a team need must work Sundays. She was told she could challenge this, as the policy is unwritten, but if she is not successful, she will have to either still work Sundays or lose her position, take a reassignment within the store and take a pay cut. Is this legal, and what would be the grounds for challenging this?
Thank you for your time.
2 Answers from Attorneys
Re: Sunday off for religious beliefs
I know that there have been a lot of cases on this issue and also know that the outcome of the cases depends on some other factors, like how essential it is for her position to work that day.
I can't afford the time to do the research without getting paid. You may want to do a Findlaw search and/or contact the State L&I and HRC for more information. (HRC is Human Rights Commission).
Take care,
Merry A. Kogut
Re: Sunday off for religious beliefs
The employer seems to be leaving the door open for her to challenge this with no negative results if she is not successful. (She'll be no worse off than she is now.) I would encourage her to go ahead and write a respectful and professional sounding letter, explaining that she is a member of xyz church, which teaches that adherents must not work on Sunday but are expected to participate in church services and so forth. She should specifically request that Target provide "reasonable accomodation" for her religious practices.
Some legal points to keep in mind; Target may make reasonable accomodation, but is not required to do so legally, if your wife's desire to have Sunday off is not based on a belief that observing a Sunday sabbath is REQUIRED. In other words, if she would strongly prefer to be in church on Sunday, but the church teaches that those who MUST work on Sunday are not forbidden to do so, Target is not legally obligated to make reasonable accomodation.
Second, the reasonable accomodation that Target provides need not be what your wife requests. For example, if they say, "Okay, we'll make you lead on the night shift. You will not have to take a cut in pay, and you will not ever have to work Sunday, but we will need you to be here from 4:00 until closing." That meets the reasonable accomodation requirement.
Good luck.
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