Lent, Catholicism, Religious Accommodations

Jesus goes into the desert for 40 days and 40 nights

It's Ash Wednesday, the beginning of Lent, and I have been wondering about where the courts and agencies have come down on Catholic employees' requests for religious accommodations.  Lent has several days which are very important to Catholics: Ash Wednesday, Holy Thursday and Good Friday (additionally the feast days of St. Joseph and St. Patrick fall within Lent). Although these days are not holy days of obligation, Catholics have sincere beliefs about how to observe them. Is there much guidance regarding their requests to shift schedules to observe these days?  Additionally, Catholics are called to personal acts of penance during Lent. Is there any guidance for requests to accommodate these?

 I have been looking for some kind of guidance specifically tailored to Catholic employees, a kind of "how to" on seeking religious accommodation that would list all the ways a Catholic employee might want to be accommodated and case law and guidance on what results he might expect. If someone knows of something like this, please drop a comment or send me an email.  If someone is interested in creating one, please send me an email, I would love to work on that project.  In the meantime, I have spent a little time hunting around to compile a list of Catholic accommodation decisions:

Good Friday

 1. The Equal Employment Opportunity Commission's (EEOC) Compliance Manual states under Example 3 , "A Catholic employee requests a schedule change so that he can attend church services on Good Friday...[this and other] accommodation requests relate to a “religious” belief or practice within the meaning of Title VII."  Unfortunately, the guide does not cite a Catholic employee related case for this proposition, but it is probably referring to 2.

2. Edwin Cardona and Felipe Borrero v. U.S. Postal Service, EEOC Appeal Nos. 01882012, 01882013, via 1990-MAR Army Law. 53, *54 (Oct. 11, 1989). The Postal Service failed to reasonably accommodate the religious practices of Catholic employees where it allowed them to take only five hours of leave on Good Friday, while allowing Jewish employees to take a full day, "the agency's justification for the different treatment was based on its interpretation of Catholic cannon law, which did not require more than two hours of church attendance on Good Friday, and Jewish law, which forbade work on holy days. The EEOC held that an agency had no authority to interpret religious laws or evaluate the sincerity of an individual's religious practices in developing its policy on religious accommodation."

3. Bronx Lebanon Hospital Center (1973 Arbitration decision) via 48-DEC Disp. Resol. J. 54, 59 "the arbitrator upheld the hospital's right to discipline a Roman Catholic employee for refusing to work on Good Friday since church law did not prohibit an employee from working on that day. Citing the many church services that are held in the evening in that community to accommodate the religious needs of working people and the statement of the hospital's Roman Catholic chaplain that Catholics may work on Good Friday, the arbitrator concluded that the grievant's decision not to work that day was more a matter of religious preference as opposed to an obligation that warranted protection under the contract's nondiscrimination provision."

4. NLRB v. Sauk Valley Mfg. Co., Inc., 486 F.2d 1127, (C.A.9, 1973) The NLRB conducted an election on Holy Thursday and Good Friday, but the results were not overturned.

Holy Days of Obligation and Sabbath

5.  Pielech v. Massasoit Greyhound, Inc., 668 N.E.2d 1298 (Mass.,1996). This was a procedurally complicated case where two Catholic racetrack employees were not allowed to take off Christmas. The case decided under Massachusetts law rather than Title VII and that law was struck down as unconstitutional.

6. Salisbury v. Potter, 2010 WL 128642, (N.D.Ill., 2010).  A Postal employee whose practice was to attend mass on Saturday evenings did not suffer an adverse action when forced to work Saturdays because he had opportunity to attend on Sunday.

7. Felix v. Baxter Healthcare Corp., Not Reported in F.Supp.2d WL 3245368, (C.D.Cal., 2010) Employer attempted to accommodate employee's request to not work Sundays, but employee did not follow up on employer's suggestions.

Personal Actions

8. Wilson v. U.S. West Communications, 58 F.3d 1337 (8th Cir. 1995) Catholic employee opposed to abortion wore a button and a T-shirt with photographs of a fetus. Other employees complained, the employer told her to stop wearing the shirt, and when she refused it fired her. The court held that the plaintiff's religious beliefs did not require her to wear the button in front of other employees. For commentary see 22 Harv. J.L. & Pub. Pol'y 959, 979. 

9. Tiano v. Dillard Dep't Stores, 139 F.3d 679 (9th Cir. 1998) Catholic employee's religious pilgrimage to Medjugorje, Yugoslavia was a personal preference because the employee's Catholic faith did not require that the pilgrimage be made during the employer's busiest season.

10. Several resources state without citation that there is a case where an employee's "Old Catholic" belief that she had to keep her head covered at all times was held to be protected.

11. EEOC v. AFSCME, 937 F.Supp. 166 (N.D.N.Y.1996) A Catholic employee who opposed capital punishment and abortion but who had to pay agency fee to Union was reasonably accommodated by the Union allowing the Catholic employee to donate to a charity instead.

  -------------------------------------------------------------------------------------------------------------------
Update: Thanks to Ann Kiernan for posting on and linking to this and to Jon Hyman for including it in his invaluable What I Read This Week post.

Blessed Adolph Kolping

From http://en.wikipedia.org/wiki/Adolph_Kolping

For Catholics, today is the feast Day of the Blessed Adolph Kolping, a German priest who ministered to workmen in the Industrial Revolution and founded the Young Workman's Society (Kolping Society). The Kolping Society, whose 450,000 members are spread over 60 countries, emphasizes the sanctification of family life and the dignity of labor.

The son of a shepherd, at a young age, Kolping moved from the countryside to industrial Cologne, Germany. There he worked as a shoemaker's assistant and learned firsthand about the brutal effects of the Industrial Revolution on the lives of the young men that filled German factories.  He made it his life's work to better their lives and deepen their faith.  The keystone of Kolping's ministry was beginning the Gesellenvereine (young workman's societies) that quickly spread around the world. Nine years after founding the first, there were 400 branches. The society today describes itself this way:

The International Kolping Society is a catholic social organization founded by Adolph Kolping. The members create a family-like and life accompanying community. The International Kolping Society promotes through education and activities the development of its members in many fields of the daily life. It consists of local Kolping families which form diocesan or regional organizations and National Kolping Societies. 

There are some 5000 Kolping families today.  Key to the organization's ultimate success was Koliping's ability to unite the isolated and fragmented workmen of his time. During the homily of Kolping's beatification mass, the Blessed Pope John Paul, II said:

Adolph Kolping gathered skilled workers and factory laborers together. Thus he overcame their isolation and defeatism. A faith society gave them the strength to go out into their everyday lives as Christ’s witnesses before God and the world. To come together, to become strengthened in the assembly, and thus to scatter again is and still remains our duty today. We are not Christians for ourselves alone, but always for others too.

New revolutions in technology are changing our work and our lives today. In these times, Blessed Adolph Kolping, pray for us.

Parable of the Vineyard Workers

Jon Hyman of Ohio Employer's Law Blog posted on Monday "What would Jesus pay? Day rates under the FLSA."  Jon begins:

So I sat in church yesterday morning listening to the parable about the workers in the vineyard. Since I’m Jewish and haven’t spent a whole lot of time inside churches, it was the first time I had ever heard this story.

As it happens, I listened to that same Gospel reading on Sunday, which leads me to believe that Jon was likely in a Catholic Church.  A neat thing about Catholic churches is that whether you are sitting in a church in Ohio or in Alabama as I was on Sunday, everybody is following the same universal readings.

The Gospel reading we heard was Matthew 20:1-16:

1	"For the kingdom of heaven is like a householder who went out early in the morning to hire laborers for his vineyard.
2	After agreeing with the laborers for a denarius a day, he sent them into his vineyard.
3	And going out about the third hour he saw others standing idle in the market place;
4	and to them he said, `You go into the vineyard too, and whatever is right I will give you.' So they went.
5	Going out again about the sixth hour and the ninth hour, he did the same.
6	And about the eleventh hour he went out and found others standing; and he said to them, `Why do you stand here idle all day?'
7	They said to him, `Because no one has hired us.' He said to them, `You go into the vineyard too.'
8	And when evening came, the owner of the vineyard said to his steward, `Call the laborers and pay them their wages, beginning with the last, up to the first.'
9	And when those hired about the eleventh hour came, each of them received a denarius.
10	Now when the first came, they thought they would receive more; but each of them also received a denarius.
11	And on receiving it they grumbled at the householder,
12	saying, `These last worked only one hour, and you have made them equal to us who have borne the burden of the day and the scorching heat.'
13	But he replied to one of them, `Friend, I am doing you no wrong; did you not agree with me for a denarius?
14	Take what belongs to you, and go; I choose to give to this last as I give to you.
15	Am I not allowed to do what I choose with what belongs to me? Or do you begrudge my generosity?'
16	So the last will be first, and the first last."

This reading inspired Jon to give some thoughts on day rates under the FLSA.  I don't have anything  labor and employment law related to add, other than to say that even two thousand years ago the fairness of pay appears to have been an issue readily understood by Jesus' audience.  In the absence of something to say about labor and employment law, I'll give some thoughts on the passage and close with a question about labor and employment law.

It's easy to see why the laborers who had worked all day were angry that they were paid the same as those who had toiled for only an hour. It's not fair.  There is a human yearning for things to be fair, and that yearning colors a lot of our laws and interactions.  But Christianity isn't fair. 

 A more familiar parable is that of the prodigal son.  It's not fair that the brother who did the right thing his whole life sits by while the fattened calf is slaughtered upon his squandering brother's return.  If a woman is a pious saint from an early age and dies a martyr, God's reward for her is the same as the murderer who finds salvation on death row.  That's not fair. This is a feature, not a bug. It's called grace.  We are sinners and if we all got what we deserved, heaven would be a lonely place.  Grace is the free and undeserved help that God gives us to respond to his call to become children of God.  

Something more on point to think about: To what extent has the concept of grace influenced our labor and employment laws? 

By the way, here is an incentive to go to a Catholic Church on this coming Sunday: you will hear another parable about work on a vineyard.

St. Benedict and Labor and Employment Law

Today, Catholics celebrate and honor the life of St. Benedict.  St. Benedict is the father of Western Monasticism and is honored by the Church as the patron saint of Europe and students.  Benedict left his distinguished family in Central Italy to "take up his yoke" and lead the life of a devout Christian.  Benedict became a hermit, living three years in  a cave where he was visited only occasionally by a monk.  Eventually, Benedict became known for his faith and wisdom and others began to visit him.

When the abbot of a nearby monastery died, the monks implored him to step in as abbot.  Benedict at first refused because he did not think that the ways of the monks could be reconciled with his way, but eventually he gave in and accepted the "job."  Benedict's intuition proved true as the monks eventually tired of him and tried to poison him.  The monks poisoned his wine; however, Benedict said a prayer before his meal and the cup shattered before he drank.  The monks then poisoned his bread.  Benedict blessed his meal, and a raven swooped in, taking the bread before he could eat it.  Benedict wisely returned to his cave.

Benedict's reputation grew and men came to him for guidance.  Eventually he founded twelve monasteries. Benedict's most enduring gift was "The Rule of Benedict."  The Rule provided structure to both macro and micro aspects of monastic life.  The Rule was adopted by virtually every monastery in Europe and was deeply influential on the monks who lived under it, as well those they influenced.  According to Wikipedia:

Charlemagne had Benedict's rule copied and distributed to encourage monks throughout western Europe to follow it as a standard. Beyond its religious influences, the Rule of St Benedict was one of the most important written works to shape medieval Europe, embodying the ideas of a written constitution and the rule of law. It also incorporated a degree of democracy in a non-democratic society, and dignified manual labor.

So what influence did the Rule have on labor and employment?  The Rule is closely associated with the phrase ora et labora, "pray and work."  Work is a big part of life at Benedictine abbies which have historically been autonomous.  Here are some parts of the Rule which might have had some influence on modern notions of labor and employment law and management practices:


Chapter II. What Kind of Man an Abbot Ought to Be
Nondiscrimination:

...Let [an abbot] make no distinction of persons in the monastery. Let him not love one more than another, unless it be one whom he findeth more exemplary in good works and obedience. Let not a free-born be preferred to a freedman, unless there be some other reasonable cause. ...Therefore, let him have equal charity for all, and impose a uniform discipline for all according to merit.

Chapter III. Of Calling the Brethren for Counsel
Transparency, Openness to bottom-up input

Whenever weighty matters are to be transacted in the monastery, let the Abbot call together the whole community, and make known the matter which is to be considered. Having heard the brethren's views, let him weigh the matter with himself and do what he thinketh best. It is for this reason, however, we said that all should be called for counsel, because the Lord often revealeth to the younger what is best. Let the brethren, however, give their advice with humble submission, and let them not presume stubbornly to defend what seemeth right to them, for it must depend rather on the Abbot's will, so that all obey him in what he considereth best... If, however, matters of less importance, having to do with the welfare of the monastery, are to be treated of, let him use the counsel of the Seniors only, as it is written: "Do all things with counsel, and thou shalt not repent when thou hast done" (Sir 32:24).

Chapter XXI: Of the Deans of the Monastery
Merit Promotions, Grounds for Demotion

...Let them not be chosen for their rank, but for the merit of their life and their wisdom and knowledge; and if any of them, puffed up with pride, should be found blameworthy and, after having been corrected once and again and even a third time, refuseth to amend, let him be deposed, and one who is worthy be placed in his stead.

Chapters XXIII-XXIV.
These chapters basically lay out a progressive discipline system up to and including expulsion from the monastery. 1. private admonition, 2. public reproof, 3. separation from the brothers at meals and elsewhere; and finally expulsion.

Chapter XXIX Whether Brethren Who Leave the Monastery Ought to be Received Again
Rehire Policy

If a brother, who through his own fault leaveth the monastery or is expelled, desireth to return, let him first promise full amendment of the fault for which he left; and thus let him be received in the last place, that by this means his humility may be tried. If he should leave again, let him be received even a third time, knowing that after this every means of return will be denied him.

Chapter XLVII Of the Daily Work
 Work hours and breaks

Idleness is the enemy of the soul; and therefore the brethren ought to be employed in manual
labor at certain times, at others, in devout reading. Hence, we believe that the time for each will be properly ordered by the following arrangement; namely, that from Easter till the calends of October, they go out in the morning from the first till about the fourth hour, to do the necessary work, but that from the fourth till about the sixth hour they devote to reading. After the sixth hour, however, when they have risen from table, let them rest in their beds in complete silence; or if, perhaps, anyone desireth to read for himself, let him so read that he doth not disturb others. Let None be said somewhat earlier, about the middle of the eighth hour; and then let them work again at what is necessary until Vespers. If, however, the needs of the place, or poverty should require that they do the work of gathering the harvest themselves, let them not be downcast, for then are they monks in truth, if they live by the work of their hands, as did also our forefathers and the Apostles. However, on account of the faint-hearted let all things be done with moderation. From the calends of October till the beginning of Lent, let them apply themselves to reading until the second hour complete. At the second hour let Tierce be said, and then let all be employed in the work which hath been assigned to them till the ninth hour. When, however, the first signal for the hour of None hath been given, let each one leave off from work and be ready when the second signal shall strike. But after their repast let them devote themselves to reading or the psalms. During the Lenten season let them be employed in reading from morning until the third hour, and till the tenth hour let them do the work which is imposed on them.

 Chapter LVIII Of the Manner of Admitting Brethren
Hiring and Probationary Period, Mentoring

Let easy admission not be given to one who newly cometh to change his life; but, as the Apostle saith, "Try the spirits, whether they be of God" (1 Jn 4:1). If, therefore, the newcomer keepeth on knocking, and after four or five days it is seen that he patiently beareth the harsh treatment offered him and the difficulty of admission, and that he persevereth in his request, let admission be granted him, and let him live for a few days in the apartment of the guests. But afterward let him live in the apartment of novices, and there let him meditate, eat, and sleep. Let a senior also be appointed for him, who is qualified to win souls, who will observe him with great care and see whether he really seeketh God, whether he is eager for the Work of God, obedience and humiliations. Let him be shown all the hard and rugged things through which we pass on to God.
If he promiseth to remain steadfast, let this Rule be read to him in order after the lapse of two months, and let it be said to him: Behold the law under which thou desirest to combat. If thou canst keep it, enter; if, however, thou canst not, depart freely. If he still persevereth, then let him be taken back to the aforesaid apartment of the novices, and let him be tried again in all patience. And after the lapse of six months let the Rule be read over to him, that he may know for what purpose he entereth. And if he still remaineth firm, let the same Rule be read to him again after four months. And if, after having weighed the matter with himself he promiseth to keep everything, and to do everything that is commanded him, then let him be received into the community, knowing that he is now placed under the law of the Rule, and that from that day forward it is no longer permitted to him to wrest his neck from under the yoke of the Rule, which after so long a deliberation he was at liberty either to refuse or to accept. Let him who is received promise in the oratory, in the presence of all, before God and His saints, stability, the conversion of morals, and obedience, in order that, if he should ever do otherwise, he may know that he will be condemned by God "Whom he mocketh." Let him make a written statement of his promise in the name of the saints whose relics are there, and of the Abbot there present. Let him write this document with his own hand; or at least, if he doth not know how to write, let another write it at his request, and let the novice make his mark, and with his own hand place it on the altar. When he hath placed it there, let the novice next begin the verse: "Uphold me, O Lord, according to Thy word and I shall live; and let me not be confounded in my expectations" (Ps 118[119]:116).
Then let all the brotherhood repeat this verse three times, adding the Gloria Patri.
Then let that novice brother cast himself down at the feet of all, that they may pray for him; and from that day let him be counted in the brotherhood. If he hath any property, let him first  dispose of it to the poor or bestow it on the monastery by a formal donation, reserving nothing for himself as indeed he should know that from that day onward he will no longer have power even over his own body. Let him, therefore, be divested at once in the oratory of the garments with which he is clothed, and be vested in the garb of the monastery. But let the clothes of which he was divested by laid by in the wardrobe to be preserved, that, if on the devil's suasion he should ever consent to leave the monastery (which God forbid) he be then stripped of his monastic habit and cast out. But let him not receive the document of his profession which the Abbot took from the altar, but let it be preserved in the monastery.

Chapter LXIII Of the Order in the Monastery
 Seniority

Excepting those, therefore, whom, as we have said, the Abbot from higher motives hath advanced, or, for certain reasons, hath lowered, let all the rest take their place as they are converted: thus, for instance, let him who came into the monastery at the second hour of the day, know that he is younger than he who came at the first hour, whatever his age or dignity may be.

Chapter LXIV Election of the Abbot
Workplace Democracy

In the election of an Abbot let this always be observed as a rule, that he be placed in the position whom the whole community with one consent, in the fear of God, or even a small part, with sounder judgment, shall elect.