Gina Gomez, a devout Roman Catholic, worked for Sam’s Department Stores, Inc., in Phoenix, Arizona. Sam’s considered Gomez a productive employee because her sales exceeded $200,000 per year. At the time, the store gave its managers the discretion to grant unpaid leave to employees but prohibited vacations or leave during the holiday season—October through December. Gomez felt that she had a ‘calling’ to go on a pilgrimage in October to a location in Bosnia where some people claimed to have had visions of the Virgin Mary. The Catholic Church had not designated the site an official pilgrimage site, the visions were not expected to be stronger in October, and tours were available at other times. The store managers denied Gomez’s request for leave, but she had a non-refundable ticket and left anyway. Sam terminated her employment, and she could not find another job.
Can Gomez establish a prima facie case of religious discrimination? Explain.
Tag: Religious discrimination
Religious discrimination
Ned was hired six weeks ago by “State of Estates” to supervise the call center on weekends. At the time of hire, Ned did not disclose that he is a follower of the “Weekend Warriors” religion. In observance of his religious practices, Ned may not work Saturday mornings before noon. Ned called out of work three Saturday mornings in a row, costing the company extra overtime costs. The company looked to re-arrange the schedule, but to pull in a more senior supervisor on the weekend would require time-and-a-half pay. In addition, call-center statistics indicate a drop in productivity when there is a change of supervisor mid-day. The company would like to terminate Ned’s employment.
· Would Ned have an argument for religious discrimination against “State of Estates?” Why or why not?
· If yes, would the company be able to assert any defenses under these circumstances?