Seventh Circuit Emphasizes Importance Of Employers Grasping Religious Nature Of Time-Off Requests And Properly Communicating With Employees In Order To Accommodate Appropriately

The Seventh Circuit Court of Appeal's decision in Adeyeye v. Heartland Sweeteners, Inc.,1 reminds employers that a very broad definition of "religion" applies in Title VII religious discrimination cases. Given this broad definition, employers must be sufficiently alert to perceive, or at least to inquire about, the possible religious nature of employees' accommodation requests - even when those requests do not contain the word religion. The Adeyeye decision also cautions employers to make careful, case-by-case determinations as to whether granting a religious accommodation would impose an undue hardship. The decision also makes it clear that an employer will not be reasonably accommodating an employee if all the employer offers is the opportunity to resign, fulfill a religious obligation, and then reapply if there happens to be an open position available.

Adeyeye, a Nigerian-born material handler, sought leave to attend his father's funeral in Nigeria through the following letter to his employer:

I hereby request for five weeks leave in order to attend funeral ceremony of my father. This is very important for me to be there in order to participate in the funeral rite according to our custom and tradition. The ceremony usually cover from three to four weeks and is two weeks after the burial, there is certain rite[s] that all of the children must participate. And after the third week, my mother will not come out until after one month when I have to be there to encourage her, and I have to [k]ill five goats, then she can now come out. This is done compulsory for the children so that the death will not come or take away any of the children's life. I will appreciate if this request is approved.2

Adeyeye's employer denied the request without discussion. Adeyeye made a second written request, stating that as the oldest child and only son he had to be "involved totally in [the] burial ceremony."3 Again the employer denied the request without discussion, informing Adeyeye that he could voluntarily quit his job, make the trip, and then reapply for any existing open positions when he returned. Adeyeye made the trip without resigning. When he returned to work, his employer told him it had terminated his employment via letter while he was gone and refused to rehire him. Adeyeye filed a charge of discrimination and then sued, claiming his employer had failed to accommodate his religion.

The employer argued Adeyeye could not establish a prima facie...