You only have to give "reasonable" accommodation. If the employee's needs can't be met "reasonably" then you don't have to accommodate them.
Ultimately, what is "reasonable" is up to a jury to decide, and judges to second-guess.
For example, I had a client who worked for the local main post office processing plant, a huge place with hundreds of workers, that is in operation round-the-clock, 24-7-365. She became more devout (Christian) due to changes in her life, and wanted to take Sunday off.
Her days off were, if I recall correctly, Friday and Saturday. She offered to swap either one for Sunday, or any other day of the week. She didn't even want to take two days off in a row.
Despite the fact that they were bringing in temporary and part time employees on Sunday, who had less seniority, they said no.
So, she used up all her vacation time, and then was working four days a week, and refused to work Sunday, but they didn't fire her, they just reprimanded her, and put temp workers into her slot. It would have been really easy for them to put the temp worker into that slot permanently, instead of giving the other temps Sunday off.
EEOC found in her favor, but they wouldn't budge. So she hired me, I filed suit, and when the local US attorney got a look at the case, he got them turned around immediately. Took less than a week. Well, he did take her deposition first. She came across really well. A jury would have loved her. So, less than a week after her deposition, they settled the case. |
