Religious Accomodation

the inquirer

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Has anyone received or heard of someone getting a reasonable accommodation for religious purposes in regards to scheduling? Get Fridays off if Muslim, Saturdays if Jewish, Sundays if Christian. With my seniority it will prolly be a few more years before I can bid those RDOs.
 
No, but I really want you or someone to try this. There is such a thing as a “hardship schedule”. Could apply here. Hardship schedules are the last underutilized scam. People do hundreds of hardship transfers a year. But I never heard of anyone pulling the hardship schedule scam, you could be an innovator.
 
Has anyone received or heard of someone getting a reasonable accommodation for religious purposes in regards to scheduling? Get Fridays off if Muslim, Saturdays if Jewish, Sundays if Christian. With my seniority it will prolly be a few more years before I can bid those RDOs.
There was a court case about that. As best I can remember Basically a 7th day Adventist had been allowed to rdo swaps to attend services for years and a new atm, who was a Reddit tier atheist, suddenly denied it all for non specific reasons. This was back when the FAA had staffing, in the long long ago. Long story short there was some constructive dismissal type stuff going on and the faa had to pay.

There’s article 26 for religious stuff, there’s always lwop too.
 
There was a court case about that. As best I can remember Basically a 7th day Adventist had been allowed to rdo swaps to attend services for years and a new atm, who was a Reddit tier atheist, suddenly denied it all for non specific reasons. This was back when the FAA had staffing, in the long long ago. Long story short there was some constructive dismissal type stuff going on and the faa had to pay.

There’s article 26 for religious stuff, there’s always lwop too.
Found not quite the one I was looking for but this one is related. Sued natca and they settled

 
This doesn't make sense to me... was he a NATCA employee or FAA??
My interpretation is that he seemed to be a controller on a "detail" and the "detail" was changed that conflicted with his worship. I would be intrigued to know more about this to be honest.
 
My interpretation is that he seemed to be a controller on a "detail" and the "detail" was changed that conflicted with his worship. I would be intrigued to know more about this to be honest.
He sued the union, not the agency.

Looks like he was on a Monday-Friday detail and didn't wanna give it up
 
Has anyone received or heard of someone getting a reasonable accommodation for religious purposes in regards to scheduling? Get Fridays off if Muslim, Saturdays if Jewish, Sundays if Christian. With my seniority it will prolly be a few more years before I can bid those RDOs.
Here’s the case I was thinking of, litigated by the ACLU in case anyone thinks this is off the reservation because of the page source


“Two previous control tower managers had no problem with Reed's request for Sabbath hours off, but a third manager, George Hof, called Reed's convictions a "scam." Under such hostile working conditions, the inevitable happened that summer—he was scheduled to work six Saturdays. When he didn't show up on each of the Saturdays involved, Reed was subsequently fired. He had been working in the Pueblo control tower for more than five years.

Reed persevered in pleading his case and, after many disappointments, finally sued in Denver's U.S. district court in 1998. His case was brought before a jury on July 10, 2001.

Testimony from Reed included various solutions that both he and his union local had submitted to his employers regarding the Sabbath difficulty. These included swapping shifts, working extra comp time, rearranging his own schedule and volunteering to work every Sunday and every holiday—all of which were rejected.

Closing arguments on the four-day trial were heard on July 16 and on July 17—coincidentally, Reed's forty-fifth birthday. The jury of two women and six men unanimously decided in Reed's favor. He was awarded damages, back pay, and front pay amounting to $ 2.25 million.”
 
Supreme Court rules for Christian mail carrier who refused to work Sundays

This is a case from last year about a postal worker refusing to work Sundays. The Supreme Court ruled in his favor but sent it back to lower courts to settle, I guess. Interestingly, the postal worker union submitted a brief to the court warning against ruling in his favor as it would “disadvantage” other workers.

I’ve never head of a controller using that part of the contract but it’s there so if it’s sincere I’d say go for it. Obviously you have to weigh how you’ll be looked at/treated by your coworkers whether right or wrong.
 
He sued the union, not the agency.

Looks like he was on a Monday-Friday detail and didn't wanna give it up
He sued both the way I read it. The union for retaliation. He quit the union and they removed him from a detail right after, clearly for quitting. That’s a nish-nish, retaliation. He sued the faa for going along with the retaliation. The religious aspect in this one is more of icing on the cake but I have little trouble believing someone in the chain, out to punish him or make an example of him for daring to leave the union, went out of their way to make sure he was working Saturdays, even if there were other options.

To counter a reasonable accommodation request (medical, disability, religious, etc) you have to prove that it won’t cause an undue hardship, which is a pretty high burden of proof. Don’t @ me, it’s the law.

He won, so you can’t really argue it.
 
Here’s the case I was thinking of, litigated by the ACLU in case anyone thinks this is off the reservation because of the page source


“Two previous control tower managers had no problem with Reed's request for Sabbath hours off, but a third manager, George Hof, called Reed's convictions a "scam." Under such hostile working conditions, the inevitable happened that summer—he was scheduled to work six Saturdays. When he didn't show up on each of the Saturdays involved, Reed was subsequently fired. He had been working in the Pueblo control tower for more than five years.

Reed persevered in pleading his case and, after many disappointments, finally sued in Denver's U.S. district court in 1998. His case was brought before a jury on July 10, 2001.

Testimony from Reed included various solutions that both he and his union local had submitted to his employers regarding the Sabbath difficulty. These included swapping shifts, working extra comp time, rearranging his own schedule and volunteering to work every Sunday and every holiday—all of which were rejected.

Closing arguments on the four-day trial were heard on July 16 and on July 17—coincidentally, Reed's forty-fifth birthday. The jury of two women and six men unanimously decided in Reed's favor. He was awarded damages, back pay, and front pay amounting to $ 2.25 million.”
That is not the same case.
 
That is not the same case.
I know they are not. There have been at least 2 separate cases about reasonable accommodation and retaliation for 7th day adventists. I posted both of them. This one is the one I knew about but couldn’t find the case, where the facility worked with the guy until a new atm decided arbitrarily that he didn’t want to do it anymore. The one about the guy who sued natca and the faa is more a retaliation case, with elements of religious discrimination (making him work on days his religion says not to) sprinkled on top, that one I found in my search for the first one
 
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He sued both the way I read it. The union for retaliation. He quit the union and they removed him from a detail right after, clearly for quitting. That’s a nish-nish, retaliation. He sued the faa for going along with the retaliation. The religious aspect in this one is more of icing on the cake but I have little trouble believing someone in the chain, out to punish him or make an example of him for daring to leave the union, went out of their way to make sure he was working Saturdays, even if there were other options.

To counter a reasonable accommodation request (medical, disability, religious, etc) you have to prove that it won’t cause an undue hardship, which is a pretty high burden of proof. Don’t @ me, it’s the law.

He won, so you can’t really argue it.
Bro expected to continue a union detail after quitting the union?!?! Then sued. He needed a baseball bat to the knees. And won money. A lot wrong with our society and "legal" system on display.
 
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