If you'd like to be on or off, please FR mail me.
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It's been my understanding that in cases such as this that the courts have taken the position that an employer has the right not to hire an employee or to make accommodation for religious observance. But once that accommodation has been made for a period of time, changing the policy must be for a substantial business reason. Usually this comes up when a new supervisor objects to the accommodation and changes it. Accommodation in the context of scheduling days off on the religious holiday, not as extra days off.
Anticipating the question, the judge is a GWB appointee.
The lady got a new boss in 2014 and had no problem that year with taking time off.
No problem in 2015 either.
No problem in 2016, until that one day when the boss was out.
It didn’t happen right after getting a new boss; there were two years without a problem.
They should take it all the way to the Supreme Court.