Question

Joseph is a sales person for a local cell phone retailer, Aardvark Phones, Inc. Because the store is open six days a week, including Saturdays, Joseph has to cover the sales desk on rotating Saturdays each month. Three years into his employment, Joseph converts to orthodox Judaism, and advises his employer that he can no longer work on Saturdays because of his religious beliefs. Aardvark proposes that he swap schedules with other sales people at the store, or that he take an administrative job in the back office that does not require he work on Saturdays, but Joseph refuses both. If Joseph quits and subsequently sues Aardvard, what is the most likely result?

	a.	Aardvark will prevail because Joseph's religious choices are not protected under federal law.
	b.	Joseph will prevail because Aardvark did not give him the work schedule he required.
	c.	Aardvark will prevail because it attempted to reasonably accommodate Joseph.
	d.	Joseph will prevail because Aardvark intentionall discriminated.

Answer 1

Option C

Title VII of Civil Rights Act of 1964 requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an “undue hardship” upon the employer. Flexible scheduling, voluntary substitutions or swaps, job reassignments, and lateral transfers are examples of ways of accommodating an employee's religious beliefs.

In this case Aardvark proposes that he swap schedules with other sales people at the store, or that he take an administrative job in the back office that does not require Joseph to work on Saturdays but Joseph refuses both. Aardvark does everything that law requires him to do to safeguard religious interests of Joseph. So, Aardvark can't be blamed.