Maya is the manager at Panera Bread here in Valpo. Brett applies for the open po
ID: 1173605 • Letter: M
Question
Maya is the manager at Panera Bread here in Valpo. Brett applies for the open position of assistant manager and is well qualified, but informs Maya that he cannot work Sundays as he is a devout Christian and attends church multiple times during that day. Maya refuses to hire him and brings a civil lawsuit against Maya and Panera Bread. Evaluate.
Note that Brett is the plaintiff here so he must prove his case by a preponderance of the evidence. If Maya has attempted to offer a reasonable accommodation, there is no good case.
Don't forget pre-trial discovery - Maya and Panera will want to take the depositions of Brett and his pastor. What if he was lying? This is usually where untrue matters are discovered and the case is dismissed.
Explanation / Answer
Maya has not hired Brett citing the reason that he refused to work on Sundays. The plaintiff Brett would have to prove his case by providing evidence that he attends church multiple times on Sundays because of which he wouldn't be able to attend work. If the position demands working on Sundays, he cannot refuse. For example, hospitals, some shops, pharmacies, essential services etc work 7 days a week. Employees are allowed to take off on a rotation basis. So Panera Bread has the right to refuse employment to Brett if he refuses to work on Sundays. It is their right and they need not even take depositions from Brett and his pastor for the following reasons:
(a). Bread being an essential commodity, a bread manufacturing firm works throughout the year to sustain in a competitive environment.
(b). The company's policy may require an employee to work on Sundays in the interest of the business and to meet the demands.
(c). It is the choice of the candidate to accept or reject the offer. If he accepts, it means that he has to abide by the company policies.
Hence, even if Brett is able to prove that he attends church on Sunday, the company can reject him as an unsuitable candidate for the reasons mentioned above.