Seventh Day Adventist Tennis Players Sue Over Tournament Scheduling

Suit was filed this week in a Washington federal district court by two high school tennis players who are Seventh Day Adventists and were precluded from participating in state championship tournaments because matches were scheduled on their Sabbath (Friday night/ Saturday).  The complaint (full text) and motion for preliminary injunction (full text) in J.G.C. v. Washington Interscholastic Activities Association, (WD WA, filed 8/6/2019) allege that plaintiffs' free exercise and equal protection rights were infringed, and that the anti-discrimination provisions of Washington law and the Establishment Clause were violated in two respects.  Plaintiffs object to tournament scheduling that includes Friday evening/ Saturday games. They also object to tournament rules that require players participate in all events, except in case of injury, illness or unforeseen events.  Religious accommodation is not permitted. Becket issued a press release announcing the filing of the lawsuit.

Cert Filed In Title VII Sabbath Accommodation Case

Last week, a petition for certiorari (full text) was filed with the U.S. Supreme Court in Patterson v. Walgreen Co. (cert. filed 9/14/2018).  In the case, the U.S. 11th Circuit Court of Appeals held that Walgreens had offered reasonable accommodations under Title VII for the religious needs of a Seventh Day Adventist employee whose beliefs did not permit him to work on Saturday. The employee, a training instructor, was fired in the aftermath of his refusal to conduct an emergency training session on a Saturday. (See prior posting.)  The Seventh Day Adventist Church issued a press release announcing the filing of the petition for review.

11th Circuit: Employer Offered Reasonable Accommodation

In Patterson v. Walgreen Co., (11th Cir., March 9, 2018), the U.S. 11th Circuit Court of Appeals, in a suit alleging religious discrimination and retaliation, held that Walgreens had offered reasonable accommodations for the religious needs of a Seventh Day Adventist employee whose beliefs did not permit him to work on Saturday. The employee, a training instructor, was fired in the aftermath of his refusal to conduct an emergency training session on a Saturday.  The court said in part:

To comply with Title VII, an employer is not required to offer a choice of several accommodations or to prove that the employee’s proposed accommodation would pose an undue hardship; instead, the employer must show only “that the employee was offered a reasonable accommodation, ‘regardless of whether that accommodation is one which the employee suggested.’” ...

Walgreens decided to terminate his employment only after he failed to conduct the emergency training session, insisted that Walgreens guarantee that he would never have to work on his Sabbath, and refused to consider other employment options within the company without such a guarantee.

[Thanks to Steven H. Sholk for the lead.]

10th Circuit Reverses Summary Judgment In Title VII Suit By Seventh Day Adventists

In Tabura v. Kellogg USA, (10th Cir., Jan. 17, 2018), the U.S. 10th Circuit Court of Appeals reversed a district court's grant of summary judgment to employer Kellogg in a Title VII suit brought by Seventh Day Adventists who were seeking an accommodation for their Sabbath observance.  The court held:

Title VII required Kellogg reasonably to accommodate Plaintiffs’ religious practice, if Kellogg could do so without incurring undue hardship to its business. Whether Kellogg reasonably accommodated Plaintiffs’ Sabbath observance and, if not, whether Kellogg could do so without undue hardship, must await further proceedings.

In reaching this conclusion, the court rejected arguments that it should adopt per se rules defining reasonable accommodation, and instead emphasized that these issues must be decided on a case specific basis.  Business Insurance reports on the decision.  [Thanks to Steven H. Sholk for the lead.]

11th Circuit: Clergyman's Right To Retirement Benefits Was Ecclesiastical Matter

In Myhre v. Seventh-Day Adventist Church Reform Movement American Union International Missionary Society, (11th Cir., Jan 2, 2018), the U.S. 11th Circuit Court of Appeals upheld the dismissal of a suit by a retired clergyman who contended that his retirement benefits were wrongfully terminated.  Concluding that the district court lacked jurisdiction because the subject-matter of the dispute was purely ecclesiastical in nature, the appeals court said in part:

Myhre’s claims, which were predicated on his defrocking, his excommunication, and the termination of his retirement benefits due to a “theological disagreement” would have required encroachment into matters of church dogma and governance. Based on “the separation of church and state principles required by the [E]stablishment and [F]ree [E]xercise [C]lauses of the [F]irst [A]mendment,” ..., the district court could not interfere with the purely ecclesiastical decisions of the American Union regarding Myhre’s fitness to serve in the clergy or to remain a member of the denomination.

Suit Fights Deportation Using RFRA

KHOU News reports on a lawsuit filed Monday in a Texas federal district court which argues that deporting an El Salvadoran who has been in the United States illegally for over a decade would violate the Religious Freedom Restoration Act. Juan Rodriguez's wife and three daughters are all U.S. citizens.  The lawsuit alleges that Rodriguez's Seventh-Day Adventist beliefs requiring the family to stay together would be violated by his deportation.

Another Challenge Filed To "Church Plan" Status of Retirement Plan

Another religiously affiliated health care system has been sued by participants in its retirement plan who claim that the plan is not exempt from ERISA as a "church plan."  The complaint (full text) in Sheedy v. Adventist Health System Sunbelt Healthcare Corp., (MD FL, filed 10.28/2016), contends that the plans are underfunded by $134 million. The complaint alleges that:

the Plans do not meet ERISA's requirements for the "church plan" exemption because they were not "established,"and are not "maintained" by a church.

Reporting on the lawsuit, BNA Daily Report for Executives (Nov. 1, 2016) [subscription required] says:

 The 12-count lawsuit against Adventist Health differs from many of its predecessors because it targets several pension plans, including a multiemployer plan covering several Adventist-affiliated entities and a group of frozen plans in which participants are no longer accruing benefits.

The case is also noteworthy for being the first to target a hospital system with ties to the Seventh-Day Adventist Church. The vast majority of the nearly 40 church plan lawsuits have targeted Catholic health-care providers.

Petitions for certiorari in other cases posing the same issue are pending before the U.S. Supreme Court. (See prior posting).

Georgia Drops Demands For Copies of Sermons In Discrimination Case

As previously reported, last month the Georgia Department of Public Health created significant controversy when, as part of its discovery requests in a religious discrimination lawsuit filed against it by a Seventh Day Adventist lay minister, it asked its former employee to furnish notes or transcripts of his sermons. Christian Post reported this week that Georgia has now dropped that demand, but is still asking for his ministerial credentials; proof he has served with the Seventh Day Adventist church; his contracts with the Church; and details any compensation for his sermons.

Company Settles With EEOC Over Firing of Seventh Day Adventist

The EEOC announced last week that North Carolina-based Greenville Ready Mixed Concrete, Inc., has agreed to a $42,500 settlement in the EEOC's suit (see prior posting) against it for firing a Seventh Day Adventist employee who refused a Saturday work assignment. The company has also agreed to a 5-year consent decree requiring it to create an anti-discrimination policy, engage in employee training, post notice about the lawsuit and submit periodic reports to the EEOC.

Ministerial Exception Doctrine Bars ADA Claim By Adventist Music Teacher

In Curl v. Beltsville Adventist School, (D MD, Aug. 15, 2016), a Maryland federal district court held that the ministerial exception doctrine applies to prevent a music teacher at a Seventh Day Adventist school from pursuing federal claims under the Americans With Disabilities Act, the Age Discrimination in Employment Act and the Family and Medical Leave Act.  The teacher sued when her contract was terminated because she was unable to return fully to work a number of months after being seriously injured in a fall at work. In finding that plaintiff 's position was ministerial in nature, the court said in part:

Although a portion of Plaintiff's responsibilities were secular in nature, Plaintiff acknowledges that she is personally a Seventh-day Adventist whose role at the School included teaching religious music and leading prayer services.... [S]he agreed to abide by the Education Code, which "requires that schools employ only those who live in complete harmony with the beliefs and practices of the Church" and therefore required that all School teachers be "baptized Adventists committed to the Church's program of ministry."... [A] portion of her salary was paid by tithe funds, which are intended to be used for ministry.... Moreover, Plaintiffs performance was evaluated in part based on her spiritual leadership.

Nevada Democratic Caucuses Pose Problems For Sabbath Observers

After this week's New Hampshire primaries, the presidential candidates move to Nevada and South Carolina.  As reported last week by the Las Vegas Review-Journal, the Democratic caucuses in Nevada are on Saturday, Feb. 20 at 11:00 a.m.  This means that observant Jews and Seventh Day Adventists may be unable to participate because doing so violates their Sabbath.  The Republican caucuses in Nevada will be held on Tuesday, Feb. 23, obviating the Sabbath observance problem.  The same concerns arose in 2008 and 2012 when both parties held their Nevada caucuses on Saturday.  In 2012, the Republicans held an additional evening caucus for those unable to participate earlier in the day for religious reasons.  In 2008, Democrats placed caucus sites near religious neighborhoods and synagogues so people could walk, and precinct captains were educated to write down information on behalf of observant Jews instead of asking them to sign-in and write themselves. (See prior posting.) It is unclear whether Democrats will be making similar accommodations this year.

South Carolina's primaries are on Saturdays for bot parties (Feb. 20 and 27).  However, unlike in caucuses, primary voters can cast absentee ballots in advance. [Thanks to Steven H. Sholk for the lead.]

Adventists Sue Town Over Required License For Door-To-Door Solicitation

The Seventh Day Adventist Church and two of its members filed a federal lawsuit yesterday against the city of White Hall, Arkansas challenging the constitutionality of the city's requirement for a permit before an individual can engage in door-to-door solicitation of funds.  The complaint (full text) in Arkansas-Louisiana Conference of Seventh Day Adventists v. City of White Hall, Arkansas, (ED AR, filed 1/19/2016), contends that the ordinance violates plaintiffs' free speech, free exercise, due process rights and their rights under Arkansas' Religious Freedom Restoration Act. At issue is a  Student Literature Evangelism Program run by Ouachita Hills College in which teams go door-to-door in neighborhoods evangelizing, offering literature and asking for donations.  The suit contends that the ordinance is overbroad and vague, and that its $50 fee chills speech, substantially burdens religious exercise. Plaintiffs also filed a brief (full text) in support of their motion for injunctive relief.  Adventist Review reports on the filing of the lawsuit.

Ben Carson Says Egyptian Pyramids Were Joseph's Grain Storage Facilities

AP reported yesterday that Republican Presidential candidate Ben Carson disagrees with historians and archaeologists about the origins of the Egyptian pyramids.  Virtually all academics agree that the pyramids were constructed as tombs for Egypt's Pharaohs.  Carson however, referring to the Biblical story of Joseph, insists that the pyramids were built as grain storage facilities when Joseph predicted a future famine to Pharaoh and advised storing grain in anticipation of it. (Genesis 41). Carson advanced his theory 17 years ago, but stood by his contention in comments at a book signing in Florida yesterday.  The Washington Post has extensive excerpts (as well as nearly 15 minutes of video) from Carson's speech 17 years ago, delivered at the commencement ceremonies at the Seventh Day Adventist affiliated Andrews University. In it Carson more broadly defended a literal reading of the Bible. [Thanks to Tom Rutledge for the lead.]

Ben Carson's Seventh Day Adventist Faith Is Explored

With Ben Carson coming in as either first or second in almost all the Republican presidential polls, yesterday the New York Times posted a lengthy survey of Dr. Carson's Seventh Day Adventist religion and his relationship to the denomination, saying in part:

In an election season where religion and politics have collided frequently, Mr. Carson’s faith remains a mystery to some and is something that could prove to be both a strength and a liability as he moves forward....

The Adventist legacy is rooted in the 19th century and grew out of what was known as the “Great Disappointment.” Most followers consider its initial founder to be William Miller, a Baptist preacher from upstate New York who calculated that Jesus Christ was due to return to earth on Oct. 22, 1844. When the savior failed to show up, the flock was left in a state of despair.

One of Mr. Miller’s followers, Ellen G. White, reconstituted the denomination under the doctrine that Christ had actually relocated to a heavenly sanctuary where he would begin judgment of the world. She was seen as a prophet.

Unlike members of other Christian denominations, Adventists honor the Sabbath on Saturdays instead of Sundays. They tend to be vegetarians and they continue to wait patiently for the Second Coming and the end of the world....

For theological reasons, Adventism has faced tensions with the Catholic and Baptist churches over the years....

Trump Questions Carson's Religious Beliefs

On the Republican presidential campaign trail last week, Donald Trump raised questions about the Seventh Day Adventist beliefs of fellow candidate Ben Carson. According to the New York Post Trump told a Florida audience on Saturday:

I’m Presbyterian. Boy, that’s down the middle of the road folks, in all fairness. I mean, Seventh-day Adventist, I don’t know about. I just don’t know about.

Subsequently Trump refused to apologize for his remarks.

New Employment Discrimination Suits-- Ballpark Ushers and Firefighters

NBC Washington reported yesterday that three ballpark ushers for the Washington Nationals who lost their jobs have sued alleging religious discrimination against Seventh Day Adventists. Plaintiffs claim in the federal court lawsuit that the team recently changed its work policy and schedule for ushers in a way that precludes them from taking off for religious reasons from Friday evening and Saturday afternoon games. There has also been an increase in home games and concert events at the park. During the 2013 season, the team accommodated plaintiffs' Sabbath observance, but at the end of the season fired them because of their need to miss work on their Sabbath.

Connecticut Law Tribune reports on a recent suit in federal district court in Connecticut by a Jehovah's Witness firefighter who contends that there has been a pattern of harassment against him ever since he refused several years ago for religious reasons to march in a Memorial Day Parade. He also refuses to take part in flag-raising ceremonies at the Hamden fire house.

Brazilian Court Affirms Right of Adventist To Close His Service Station For Sabbath

Adventist Review reported yesterday that a court in Brazil has issued an injunction upholding the right of a Seventh Day Adventist to keep his service station closed from sunset Friday to sunset Saturday, despite a rule promulgated by the Brazilian oil industry regulator ANP that gas stations must be open Monday through Saturday for 14 hours per day. João Francisco do Nascimento began his gas station business in the city of Lagarto some six months before ANP adopted the rule he is contesting.

EEOC Sues Dunkin' Donuts Over Refusal To Hire Seventh Day Adventist

The EEOC yesterday filed a religious discrimination lawsuit against a Dunkin' Donuts franchise in Ashville, North Carolina. The company withdrew its offer to hire Darrell Littrell as a donut maker when he refused to begin work on Friday evening because of his Seventh Day Adventist feligious beliefs. The EEOC's announcement also indicated that the company was charged with failing to preserve required employment records.

Seventh Day Adventist Sues Over Hostility To His Not Working On Saturdays

The New York Post reports on an employment discrimination lawsuit filed in a New York federal district court last Monday by a Seventh Day Adventist who formerly was employed by CVS pharmacy.  Plaintiff Nowran Busgith, who worked as a loss-prevention specialist, claims that he had no problems getting Saturdays off work until his supervisor Abdul Salui, a Muslim, learned that the reason for the request was Busgith's observance of his Sabbath. From then on Salui became hostile toward him, repeatedly asked him why he was in a "white boy religion," and refused his requests not to work on Saturdays. The suit seeks an unspecified amount of damages against CVS and Salui.