West Case Update

Trucking Company Need Not Reschedule Drivers to Accommodate Religious Beliefs

Description Appeals court upheld the dismissal of a religious discrimination suit brought by a truck driver. His employer often used crews of mixed sex, which violated the employee's religious beliefs. The employer had no duty to rearrange the work schedule since it could impose a hardship on some other worker in some instances.

Topic Employment Discrimination

Key Words Religion; Undue Hardship; Work Schedule

C A S E S U M M A R Y

Facts Weber was a driver for Roadway Express. He is a Jehovah Witness and asserts that his religious beliefs require that he refrain from making long-haul overnight runs with a female partner who is not his wife. Roadway crews included men and women. After two weeks, Weber was informed that the schedule could not be set to assure him that he would only have male partners on long hauls. He quit and filed a Title VII suit for failure to accommodate his religious beliefs. The district court dismissed the suit in favor of Roadway. Weber appealed.

Decision Affirmed. Weber established a prima facie case of discrimination based on religion. The burden shifted to the employer. To accommodate Weber, so that he would not be in a mixed crew, Roadway would have to "skip over" drivers when scheduling long hauls, which would adversely affect other drivers, which is an undue hardship, even though the affected drivers have no contract entitling them to a particular run or job preference. The mere possibility of an adverse impact on coworkers as a result of skipping over Weber for a scheduling assignment is sufficient to constitute undue hardship, relieving the employer of its duty to accommodate religious beliefs.

Citation Weber v. Roadway Express, Inc., 199 F.3d 270 (5th Cir., 2000)

Back to Employment Discrimination Listings

Trucking Company Need Not Reschedule Drivers to Accommodate Religious Beliefs
Description	Appeals court upheld the dismissal of a religious discrimination suit brought by a truck driver. His employer often used crews of mixed sex, which violated the employee's religious beliefs. The employer had no duty to rearrange the work schedule since it could impose a hardship on some other worker in some instances.
Topic	Employment Discrimination
Key Words	Religion; Undue Hardship; Work Schedule
C A S E S U M M A R Y
Facts	Weber was a driver for Roadway Express. He is a Jehovah Witness and asserts that his religious beliefs require that he refrain from making long-haul overnight runs with a female partner who is not his wife. Roadway crews included men and women. After two weeks, Weber was informed that the schedule could not be set to assure him that he would only have male partners on long hauls. He quit and filed a Title VII suit for failure to accommodate his religious beliefs. The district court dismissed the suit in favor of Roadway. Weber appealed.
Decision	Affirmed. Weber established a prima facie case of discrimination based on religion. The burden shifted to the employer. To accommodate Weber, so that he would not be in a mixed crew, Roadway would have to "skip over" drivers when scheduling long hauls, which would adversely affect other drivers, which is an undue hardship, even though the affected drivers have no contract entitling them to a particular run or job preference. The mere possibility of an adverse impact on coworkers as a result of skipping over Weber for a scheduling assignment is sufficient to constitute undue hardship, relieving the employer of its duty to accommodate religious beliefs.
Citation	Weber v. Roadway Express, Inc., 199 F.3d 270 (5th Cir., 2000)