What should you do when company policy violates your religious convictions and the federal agency that is supposed to help doesn't? Consider what Doug and Andy,* two Christian assembly line workers, did to resolve a seemingly no-win situation in which their employer was discriminating against them on the basis of their religious beliefs.

Doug and Andy worked for a company whose equal employment policy propounded that "men and women of all races, religions and backgrounds have capabilities to offer in pursuit of the corporate purpose." The company, however, abandoned that principle with respect to Doug and Andy, two men whose combined service record totaled twenty years.

The problem began when the plant where they worked switched to a continuous seven-day operation. All employees were scheduled to work two days on, two days off, three days on (2-2-3) which forced Doug and Andy to work every other Sunday. They held sincere religious beliefs against working on Sundays and initially resisted the 2-2-3 schedule by voting against its adoption in the union contract. When the contract passed, they asked for a religious accommodation that would not require them to work on Sundays.

For a few months a sympathetic foreman allowed them to take Sundays off, but the arrangement was short lived. Management had previously accommodated five pastors so they could preach in their churches on Sundays, so Doug and Andy formally requested a religious accommodation from corporate management. They offered to swap shifts, take vacation time on Sundays, work another day or even take self-excused days without pay. Corporate management denied every one of their suggestions.

Doug then filed a religious discrimination complaint with the Equal Employment Opportunity Commission (EEOC)-the federal agency responsible for enforcing Title VII of the Civil Rights Act of 1964. This law mandates that employers reasonably accommodate the religious beliefs of employees unless it causes undue hardship on business operations.

But instead of getting better, things got worse. Doug's company refused to let him trade shifts with other employees and then imposed disciplinary points on his record for missing a scheduled Sunday. Meanwhile, Andy had also decided to file a complaint with the EEOC, but after a few months, he received a letter stating that there was no evidence to substantiate the allegations of religious discrimination by the company. Management continued to discipline Doug and Andy until they were just two disciplinary points away from being fired.

At this point Doug and Andy's pastor suggested they call the Christian Law Association. Attorneys prepared a federal lawsuit for them and notified the company of their intention to sue. The letter outlined the discrimination, the company's legal duty to provide religious accommodation, and the alternatives available to Sunday work.

Finally, the situation improved. The company was in no position to defend against a lawsuit because it had recently paid nearly $184 million dollars in an unrelated class action settlement. The company's lawyer was more than ready to discuss accommodation options. God was truly at work.

Doug and Andy's attorneys negotiated with the company's lawyer and with the union president to determine reasonable accommodations. A settlement was reached that not only guaranteed the men would not suffer any loss of pay, but also ensured the company would not suffer productivity losses. The men were permitted to swap shifts with other employees, and management even agreed to post notices on the bulletin board for this purpose. If trading didn't work, Doug and Andy could substitute their scheduled Sunday and work on other days of the week, or take a vacation day when substitution was not possible.

God provided even more than Doug and Andy expected. When the union contract was renegotiated, their attorneys helped Doug and Andy prepare a Sunday work religious accommodation paragraph to be included in the contract. Union members approved the amended contract by a margin of four to one.

This story is just one of many in which Christian employees face religious discrimination. If you think you may be facing religious discrimination at work, do the following:

» Understand your rights. Christians have many protections when it comes to workplace discrimination. Under federal law, employees with sincerely held religious beliefs that conflict with a work requirement must be accommodated as long as the accommodation does not cause undue hardship on the employer.

» Inform your employer of your sincerely held religious beliefs. Sometimes, employers are unaware of their legal obligations. In some cases, employers are willing to work with employees and make adjustments to accommodate religious beliefs. Be prepared, though. Some employers do not handle these situations in an empathetic manner.

» Explain your religious rights to your employer. If an employer refuses to accommodate an employee, it may help to have a lawyer send a detailed letter to your employer informing them of your legal rights.

*Names have been changed to protect those involved.

David Gibbs is the president of the Christian Law Association, an organization that has provided free legal assistance to thousands of workplace believers. For more information about the legal missionary ministry of the CLA, please call (727) 399-8300 or visit www.ChristianLaw.org

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