Employment Rights and Sunday Work Schedules: How US Laws Handle Religious Accommodations

Can I Get Fired Because My Employer Changed My Schedule and Put Sunday on It and I Refuse to Work Because I Go to Church?

In the U.S., your employer must make reasonable accommodations for religious beliefs. However, the term 'reasonable' can vary based on the nature of your work, the number of employees, and the ease of reassigning schedules. Would your 'religious reasons' disappear if you earned double pay on Sunday?

Acknowledging Sunday Work in Various Professions

Many professions require Sundays off the beaten track. Law enforcement, fire departments, hospitals, airlines, cruise ships, pro athletes, and many retailers are examples of where Sunday work is the norm. None of them are legally required to honor your religious beliefs. Therefore, yes, your employer can fire you. However, most employers will try to help you.

This issue should be discussed during hiring negotiations. I once had to attend to jury instructions as my attorney boss had to be in court "first thing" Monday morning, "ready to go." To make myself feel better, I dressed up in my nicest outfit. Jury instructions can be complicated, and trial attorneys can be even more so. Again, this should be discussed during the hiring negotiations.

Can Your Employer Fire You for Refusing Sunday Work?

No, your employer cannot fire you for refusing to work on Sunday. It might affect your rating and appraisal cycle, but that is not certain. If you deliver your work on time and to the quality standard, you can work on your own conditions. It depends on your manager. They can modify your appraisal more than can control your progress.

Laws vary by location. Not all English-speaking countries have the same laws. This type of question really needs a location to be answered accurately. My answer applies to the U.S., but keep in mind that states can offer more legal protections than federal law, just not less. So, laws can vary by state even within the U.S.

You are entitled to an accommodation for your religious beliefs if your employer can provide one without undue hardship. So, from a legal perspective, the question is how difficult it would be for your employer to allow you to change your schedule. Does your religion require you to have "ALL" of Sunday off? The Equal Employment Opportunity Commission (EEOC) states that involuntary shift changes, requiring one of your coworkers to pick up your Saturday shift when they do not want to do so, is an undue burden.

Case Study: Hotel Dishwasher vs Employer

There is a case where a hotel dishwasher sued and won because the employer fired her for refusing to work Sundays. She had worked there for 10 years and had made it clear from day one that her religious beliefs prohibited working on the Sabbath. She repeatedly was scheduled to work on Sundays and traded shifts with other employees, but the employer objected to the shift switching. However, this does not necessarily apply to all situations.

Did you inform the employer of your need for religious accommodation before the schedule was made? Did you attempt to find someone to cover your shift or just complain about the schedule? Did you come to work the first time it happened but reiterate the need for religious accommodation, which they continued to disregard? Are there enough other staff that your needs can be met without creating a religious disability or other protected hardship for another employee or an undue burden on the employer?

If you have been trying to work with the employer from the start, you may have an EEO issue. If this creates an undue burden and/or your response to the first time it happened was to refuse to work, you can and should be terminated. There is no "in every case, the answer is A" with the law. If there is a way to accommodate your needs without pushing another employee to overtime, requiring the employer to hire another person, or without infringing on another employee’s protected needs, the employer should try to work with you. If this cannot be accomplished, they don’t have to incur additional costs or close the shop to meet your needs. If you had never told them of your needs and when it came up you responded by refusing to come to work, you can and should be terminated. So, basically, the answer is - in the U.S., you may be fired for this or it may be illegal to be fired for this, depending on the specific circumstances and how you handled the situation.