Court Says Factual Issues Remain In Suit Over Sabbath Accommodation For Employees

In Jackson v. Longistics Transportation, Inc., (WD TN, April 13, 2012), the Jacksons, a married couple who worked as team drivers for defendant trucking company, sued claiming defendant had failed to reasonably accommodate their Sabbath observance which precluded them from working from sundown Friday to sundown Saturday. The Jacksons belong to a Christian church that observes the Jewish Sabbath and festivals. The trucking company issued a written reprimand to plaintiffs when they refused an assignment that would violate their Sabbath, warning that a second refusal would lead to their termination. They subsequently refused a second assignment, and are no longer employed by the company.  Details of their leaving is the subject of dispute between the parties. Plaintiffs contend they were constructively discharged. The court refused to grant summary judgment for defendant, finding that triable issues remain as to whether defendant ever offered an accommodation to plaintiffs and whether plaintiffs requested an accommodation that would result in undue hardship to the trucking company. [Thanks to CCH Employment Law Daily via StevenH. Sholk for the lead.]