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

Citation: Wash. Court of Appeals published opinion — 383814_pub.pdf
Jurisdiction: Washington (state)
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employees the absolute right not to work regardless of the secular interests of the

employer. However, despite the School’s argument to the contrary, Thornton does not

dramatically alter the requirement for religious accommodations under Title VII. Int’l

Ass’n of Machinists & Aerospace Workers, Lodge 751 v. Boeing Co., 833 F.2d 165, 171

(9th Cir. 1987). Instead the requirement for accommodation is flexible and only requires

reasonable accommodations that do not create an undue hardship. Id.

We do not read Suarez’s public policy argument as claiming an absolute right not

to work on her religious holidays. Under the public policy identified within the WLAD,

Suarez has the right to practice her religious beliefs free from discrimination. If her work

schedule conflicts with her religious practices, she has a right to reasonable

accommodations so long as the accommodations do not create an undue hardship.

Although Suarez has waived her statutory claim of discrimination, her tort claim

of discharge in violation of the public policy against religious discrimination presents

issues and analysis similar to a statutory claim. See Mackey, 12 Wn. App. 2d at 579-80.

In Mackey, a former employee raised claims for statutory discrimination as well as

discharge in violation of the public policy against discrimination as defined by the

WLAD. Division Two of this court applied the McDonnell Douglas4 burden-shifting

4
McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d
668 (1973).

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

No. 38381-4-III
Suarez v. State

framework to the plaintiff’s statutory and tort claims to determine whether the evidence