Wash. Court of Appeals published opinion — 383814_pub.pdf

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particular schedule. Each position has specific work hours and work days. Supervisors

cannot change the schedule or days off for a specific job.

Adelina Suarez is a Christian who observes Saturdays as the Sabbath and

celebrates seven religious’ holidays throughout the year called the Feasts of God. These

holidays coincide with the Holy Days recognized by the Jewish faith. According to

Suarez’s religious belief, she is commanded not to work on the weekly Sabbath or

religious holidays.

In 2018, Suarez was trained as a CNA and applied for a position with the School.

During the hiring process, Suarez informed the School of her religious beliefs and that

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38381-4-III
Suarez v. State

she did not wish to work on Saturdays. When she applied, Suarez was told that there

were no positions with Fridays and Saturdays off, but she could request a schedule

change after working for some time. Suarez accepted a night shift position that worked

Wednesday through Sunday, from 10:00 p.m. to 6:30 a.m., with Mondays and Tuesdays

off starting October 8, 2018.

Employees at the School, including CNAs, are unionized, and the terms and

conditions of their employment are governed by a collective bargaining agreement.

Employees submit vacation and leave requests early in the year and these are granted

based on seniority and staffing needs. To maintain adequate staffing, the collective

bargaining agreement allows prescheduled leave for only one night-shift CNA at a time.

In addition to vacation days, sick time, and holidays, the collective bargaining agreement

provides each employee with two unpaid holidays for a reason of faith or conscience.