The United States District Court for the Eastern District of Tennessee recently held that a UPS mechanic is entitled to trial on a Title VII claim that UPS failed to accommodate his religion.

A member of the United Church of God, the plaintiff observed Sabbath from sundown Friday to sundown Saturday. The employee's work schedule required him to work beyond sundown on Fridays, and he asked to leave earlier on those days. During the time that the company considered his request, the employee was not required to work on Fridays. The company ultimately denied the request, but offered to move the employee to a part-time position with a schedule that did not conflict with his Sabbath observance. The employee refused the offer, and continued to clock out early on Fridays for the next seven weeks. He was subjected to progressive discipline for these unexcused absences, offered the part-time position again, and informed that a continued failure to finish his scheduled shift would be treated as job abandonment resulting in termination. The employee continued to clock out early and was terminated. In concluding that the employee was entitled to trial on his religious discrimination claim, the court reasoned that the reasonableness of a proffered accommodation (the part time position) that meant a loss of seniority, reduction in benefits, and a significant pay reduction, was a question for the jury. Read more.