Harwood Law is pursuing a charge of religious discrimination for a Seventh Day Adventist against her former employer, the New York State Office for People with Developmental Disabilities (OPWDD). As a Seventh Day Adventist, the employee strictly follows the religious practice of observing the sabbath from sundown on Fridays to sundown on Saturdays. Her religious beliefs prevent her from working during the sabbath so she can focus on religious observance.
The employer, OPWDD, refused to allow the employee to swap shifts with co-workers so that she could observe the sabbath. After she filed a charge of discrimination with the New York State Human Rights Division, the employer fired her for missing work during the sabbath.
The right to observe the sabbath and other religious rituals are fundamental to the core principles of religious freedom that the United States has strongly protected since its founding. Those rights are enshrined in the First Amendment and Fourteenth Amendment to the United States Constitution.
There are many federal, state and local laws that protect sabbath observers against religious discrimination in the workplace. The U.S. government protects workers against religious discrimination through Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e(j). New York State protects workers against religious discrimination through its Human Rights Law, N.Y. Exec. Law § 290 et seq. New York City bars religious discrimination against employees through its Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq. Other states, cities and local governments have laws barring religious discrimination too.
The United States Supreme Court upheld the rights of workers to adjust their schedules so that they can observe the sabbath. In that case, Groff v. DeJoy, 600 U.S. 447 (2023), the Supreme Court ruled that the U.S. Postal Service engaged in religious discrimination by refusing to adjust the work schedule of an Evangelical Christian worker, who strictly observes the sabbath on Sundays, so that the worker would not have to work on Sundays.
The Supreme Court’s Groff case strengthens protections for religious workers, requiring employers to show “substantial increased costs” to deny religious accommodations. This heightened standard supports our fight for sabbath workers’ religious rights.
The laws protecting against religious discrimination in the workplace apply to all religions. Many religions have similar sabbath practices to Seventh Day Adventists. There are other Christian faiths that follow the same practice. Strict adherents to Judaism also observe the sabbath from sundown on Friday through sundown on Saturday. Some Christians strictly observe the sabbath on Sundays, as the Supreme Court’s decision in the DeGroff case shows. Any employee whose religious beliefs require strict sabbath observance has the right to a reasonable accommodation in scheduling work shifts to allow for religious worship.
Current or former employees of OPWDD, or other employers, who have experienced religious discrimination, can contact us at (212) 867-6820. Our firm brings extensive experience in employment discrimination with a proven track record of protecting workers’ rights. If you need advice from a New York City religious discrimination lawyer, contact Harwood Law PLLC.