Alan J. Reinach, Esq.
Redding, California-based corporation Sierra Pacific Industries, which owns and harvests forests in California and Washington and is the third largest landowner in North America, violated federal law by refusing to accommodate an employee who requested not to work on his Sabbath, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed recently.
According to the EEOC’s suit, Luciano Cortez worked for four years at Sierra Pacific’s Oroville, Calif. facility, with over 100 employees manufacturing cedar wood fencing. Cortez, a Seventh Day Adventist, requested work shifts that would not conflict with his Sabbath from sundown Friday until sundown Saturday. Rather than accommodating Cortez, Sierra Pacific fired him for his inability to work Friday evenings. The EEOC alleges that this termination constituted unlawful discrimination because Sierra Pacific violated its duty to accommodate Mr. Cortez’ religious belief.
“Work is very important, but it is more important to obey God,” said Cortez, who was born in Mexico and was age 38 when he was fired. “The fourth commandment of the law of God is that I not work on the Sabbath. I need to fulfill my obligations to God and my religion, but with my work I could not.”
Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations to sincerely-held religious beliefs unless it would cause undue hardship to the business. The EEOC filed suit after first attempting to reach a voluntary settlement. The suit seeks back pay and other monetary losses, compensatory and punitive damages for Cortez and appropriate injunctive relief to prevent any future discrimination. EEOC Regional Attorney William R. Tamayo said, “Providing Mr. Cortez with a work schedule that would accommodate his religion should not be a problem for a company as large as Sierra Pacific, which has over 4,000 employees and revenues well over a billion dollars annually. Sierra Pacific’s refusal to find a sensible workplace accommodation constitutes illegal religious discrimination.” EEOC District Director H. Joan Ehrlich added, “The law protects the religious observances, practices, and beliefs of all Americans. Employers should find out if there is a sensible alternative that would meet the needs of both the company and the employee. With a little effort, a solution can often be found .”
According to its website www.spi-ind.com, Sierra Pacific owns or manages approximately 1.7 million acres of forestland in the Coast, Klamath, Cascade, Sierra Nevada mountain ranges of California, and the northern Cascades mountain range in the state of Washington, and harvests approximately 1.2 percent of its lands each year.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.