Packages Delivered Quick (PDQ) is a business specializing in delivering packages overnight. PDQ operates several hubs for aircraft and trucks within the United States. Andy Earl, a devout member of the Connections religion, was hired six weeks ago as an aviation mechanic at the PDQ hub in Miami, Florida. The mechanics who work for PDQ are represented by the Teamsters Union. For the purpose of this question, assume that the Connections religion is legally recognized. Since Andy lacks seniority and most of the planes arrive and depart at night he was assigned to the night shift, which required him to work on Friday nights. Andy’s religion prohibits him from working from dusk on Friday until dusk on Saturday, but he did not mention this during his interview. After Andy was absent on two consecutive Fridays, his manager issued him a written warning. Andy explained that because he was a member of Connections. PDQ was required to accommodate him, which means giving him the day off. PDQ looked into finding a replacement in order to accommodate Andy, but previous experience showed that using part time and temporary employees as mechanics resulted in additional expenses, increased mistakes and lower efficiency. The manager informed Andy that he must work on Friday nights. Andy was terminated after missing work on three additional Friday evenings. Andy sued PDQ, claiming religious discrimination. PDQ defended claiming that Andy was fired for excessive absenteeism and not for religious discrimination.
Is this a case of unfair discrimination?
How does the union factor into the result?
Will Andy succeed in his discrimination suit?