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Reed, a nondenominational Sabbath-keeper, observes a day of rest from sundown Friday to sundown Saturday. An FAA employee since 1990, Reed says his Sabbath-keeping was accommodated by two successive managers. In 1995, however, a new manager called Reed's belief a "scam" and a "religion of convenience," firing Reed after he failed to show for work on six Saturdays.
Mitchell Tyner, an associate general counsel for the Adventist Church worldwide, welcomed the jury's verdict, saying that employees should rarely be forced to choose between their faith and their job, and only then when accommodation would cause genuine hardship to the employer.
Each year, Tyner participates in as many as 30 lawsuits involving on-the-job religious discrimination--usually related to Sabbath-keeping. He says the scope of the problem is much larger than most people realize.
Every day, on average, two or three Adventist Church members in the United States lose their jobs or are denied jobs because employers will not accommodate Sabbath observance, says Tyner.
"Free exercise of religion is a fundamental legal principle," Tyner adds. "But in practice, legal protection for people of faith in the workplace is simply not adequate."
He cautions that even when an employee wins a jury verdict, employment cases have the second highest reversal rate of any type of case, and that large damage awards are often subject to remittiture, or subsequent reduction by the court.
Tyner, who has twice litigated religious discrimination cases against
the FAA, says the Adventist Church will file an amicus brief in support
of Reed should the FAA appeal the outcome of the case.
Source:...ANN Denver, Colorado, United States -- Entered July 27, 2001