Table
of Contents
Treatise Search Age
Discrimination
Disability Discrimination Family and
Medical Leave

Need pdf viewer for iPad?
Visit iTunes for:
iAnnotate PDF


Garland's Digest
on employment discrimination law
online since 1997

National Origin Discrimination Pregnancy Discrimination Race
Discrimination
Religious
Discrimination
Sex
Discrimination
Sexual
Harassment

 

 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

-------------------------

Employee was offered reasonable accommodations in religious discrimination action.

Cosme v. Runyon, 287 F.3d 152 (2d Cir. March 29, 2002) - This is a Title VII religious discrimination action alleging failure to provide reasonable accommodation and failure to promote. Louis Cosme bid on a position that would require him to work on Saturdays -- his Sabbath. The station manager, Michele McNeill, urged him to remain an "unassigned regular" -- so that she could accommodate his scheduling needs. He refused and based on his seniority, he received the position. McNeill also offered Cosme positions at three other postal stations where he would not have to work on Saturdays. Cosme refused. Each time Cosme was scheduled to work on a Saturday, he did not report for work and he was disciplined for his absences. Eventually, an accommodation was worked out. However, Cosme also applied for a postal inspector position and that promotion was denied. Cosme sued on the basis that his religious belief should have been accommodated sooner, and on the basis that he was impermissibly punished for taking off on the Sabbath -- which led to the denial of the promotion to postal inspector. At a bench trial, the Postal Service prevailed. On appeal, the Court holds that Cosme was offered several reasonable accommodations. Therefore, he was not entitled to skip work. As a result, if those absences led to the denial of the postal inspector position, this was not a Title VII violation. Click here to see actual case.

 



 

Table of
Contents
Treatise Who should
advertise?
Contact Us About Us Privacy Policy

© 2010 Garland's Digest