Draper v. U.S. Pipe & Foundry Co.

• Decision Date: 27 January 1976
• Docket Number: No. 75--1221,75--1221
• Citation: 527 F.2d 515
• Parties: 11 Fair Empl.Prac.Cas. 1106, 10 Empl. Prac. Dec. P 10,546 John H. DRAPER, Plaintiff-Appellant, v. UNITED STATES PIPE AND FOUNDRY COMPANY, Defendant-Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 515

527 F.2d 515

11 Fair Empl.Prac.Cas. 1106,

10 Empl. Prac. Dec. P 10,546

John H. DRAPER, Plaintiff-Appellant, v. UNITED STATES PIPE AND FOUNDRY COMPANY, Defendant-Appellee.

No. 75--1221.

United States Court of Appeals, Sixth Circuit.

Argued June 5, 1975.

Decided Dec. 12, 1975.

Rehearing and Rehearing En Banc

Denied Jan. 27, 1976.

Thomas E. Ray, Chattanooga, Tenn., for plaintiff-appellant.

Carol Lynn Green, Equal Employment Opportunity Commission, Washington, D.C., for amicus curiae.

Jac Chambliss, Phillip A. Fleissner, Chambliss, Bahner & Crawford, Chattanooga, Tenn., William D. Vines, III, Butler, Vines, Babb & Threadgill, Knoxville, Tenn., Charles Wilson, Tampa, Fla., for defendant-appellee.

Before PHILLIPS, Chief Judge, and PECK and ENGEL, Circuit Judges.

PHILLIPS, Chief Judge.

John Draper was discharged from his position with the United States Pipe and Foundry Company (the Company) after he refused, in accordance with the tenets of his religion, to work on four successive Saturdays. Draper brought this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that he had been discharged because of his religion in violation of 42 U.S.C. § 2000e--2(a)(1). The central issue in the case was whether the Company complied with 42 U.S.C. § 2000e(j) and 29 C.F.R. § 1605.1 (1974), both of which in effect require an employer to undertake a reasonable accommodation of its employees' religious practices unless such an accommodation would impose an undue hardship upon the employer's business. ¹ After a nonjury trial, the District Court entered judgment in favor of the Company.

The District Judge did not have the benefit of the decisions of this court in Cummins v. Parker Seal Co., 516 F.2d 544, decided May 23, 1975, petition for cert. filed, 44 U.S.L.W. 3207 (U.S. Sept. 29, 1975) (No. 75--478), or Reid v. Memphis Publishing Co., 521 F.2d 512, decided August 20, 1975. ²

Draper perfected this appeal. For the reasons stated below, we reverse and remand for further proceedings.

In 1959, Draper began working for the Company in its Chattanooga, Tennessee, foundry. He was trained as an electrician and worked in the plant's maintenance department. Draper achieved the status of top-grade electrician in 1964, and by 1971 he had become 'gang leader,' a position with some supervisory authority over other electricians. It is agreed that Draper was an experienced and competent employee whose services were valued highly by the Company.

The Company's Chattanooga foundry is an automated plant that produces cast iron soil pipe with a work force of about 600 employees. In order to ensure proper functioning of the machinery, it was necessary for maintenance employees, including electricians, to work not only when the plant was in full production, but also one day each week when the production equipment was not in operation. Accordingly, when the plant was in production four days per week, electricians were scheduled to work Monday through Friday. When increased demand for the Company's products required a five-day production work week, electricians worked Monday through Saturday. The fifteen electricians at the foundry were divided equally into three shifts, which changed at 7:00 a.m., 3:00 p.m., and 11:00 p.m. On Saturdays, however, the Company ordinarily scheduled maintenance work only for the first two shifts--7:00 a.m. to 3:00 p.m. and 3:00 p.m. to 11:00 p.m. In addition, one or two electricians were required to be on hand between 3:00 a.m. and 7:00 a.m. Monday morning to assist in starting up the equipment for the first production shift of the week. Under the collective bargaining agreement, the Company had the right to assign employees to shifts without regard to seniority, although senior employees were given shift preference whenever possible.

In December 1970, Draper joined the World Wide Church of God, which observes the Saturday Sabbath and requires its members to refrain from work between sundown Friday and sundown Saturday. At this time the plant was in production only four days per week, and Draper was scheduled to work the third shift (11:00 p.m. to 7:00 a.m.) Monday through Friday. Draper discussed his conversion with a supervisor, and it was apparent to both that the Saturday Sabbath observance conflicted with Draper's work schedule. Because of the conflict, the men agreed that Draper should seek other employment that would not require work during the Sabbath. In order to facilitate Draper's search for a new job, the Company gave him excused absences from eight Friday night shifts during January and February of 1971. However, on February 25, 1971, Draper notified the Company that he wished to retain his position and offered to work any hours except during the Sabbath. On March 1, 1971, the Company transferred Draper to the first shift (7:00 a.m. to 3:00 p.m.) Monday through Friday, which entailed no conflict with the Saturday Sabbath. Both parties recognized, however, that this was only a temporary solution that would be ineffective if the Company returned to a five-day production work week.

During this period, Draper met with Company and Union representatives in an attempt to arrange a permanent accommodation of his religious beliefs. The Company suggested that Draper bid out of the maintenance department into a first-shift production job. At that time it seemed unlikely that Saturday production work would be scheduled, and therefore such a transfer probably would avoid conflict with the Saturday Sabbath. Nevertheless, the Company made it clear that Draper would be required to work if Saturday production was scheduled. Moreover, in a production job Draper would receive a lower wage and would be largely unable to use his skill and experience as an electrician. Because of his twelve years seniority, Draper probably would have been successful if he had bid on a production job. If the Union had been willing, the Company was even prepared to give Draper special 'super seniority' to ensure his ability to obtain a first-shift job in the production department. In any event, because he wished to remain an electrician and because the transfer was not certain to eliminate conflicts with his religious beliefs, Draper did not attempt to bid out of the maintenance department.

The Company also considered other possible arrangements, including the substitution of other electricians for Draper during part or all of any Saturday shifts that might be scheduled. None of the alternatives was considered feasible, and none was put into effect.

In July 1971, increased demand returned the Company to a five-day production work week, and Draper was scheduled to work during the second shift (3:00 p.m. to 11:00 p.m.) on Saturdays. He failed to report for work on four consecutive Saturdays, and the Company terminated him on the basis of the unexcused absences. Draper filed a timely complaint with the Equal Employment Opportunity Commission (EEOC), alleging that the Company was guilty of religious discrimination. The EEOC found reasonable cause to believe that the charge was true and in due course notified Draper of his right to sue. Accordingly, Draper filed this action in the District Court. After a full trial, the court found in favor of the Company and explained its holding as follows:

The Court is of the opinion that evidence in this case fails to sustain a charge of religious discrimination in connection with the plaintiff's discharge. Rather, the evidence preponderates in favor of a finding that the defendant attempted to reasonably accommodate the plaintiff in his religious convictions, but when such accommodations were found by the plaintiff to be unacceptable, the defendant was unable to further accommodate the plaintiff without modifying its operations in an economically disadvantageous manner and without undue hardship in the conduct of its business. With the defendant's plant operations requiring that maintenance crews work one day more each week than is worked by production workers, there appears to have been no efficient, feasible, and practical means by which the defendant could accommodate the plaintiff both in his insistence in remaining in the electrical classification and in his religious convictions.

After a thorough review of the record in this case, we are convinced that this finding is clearly erroneous. Fed.R.Civ.P. 52(a). The Company did not undertake a reasonable accommodation of Draper's religious practices and observances, nor did it establish that such an accommodation would have imposed an undue hardship upon its business.

The Company takes the position that it did accommodate Draper by allowing him excused absences in January and February of 1971 and by transferring him to the first shift in March 1971. No doubt these were adequate accommodations that fulfilled the Company's statutory obligation during this period. However, the Company's duty to accommodate its employees did not end in July 1971, when production returned to a five-day week and electricians again were scheduled for Saturday work. The Company did not discharge Draper until after increased demand had lengthened the work week, and therefore our inquiry must focus upon the accommodations that were possible in the context of the six-day week required of maintenance employees after July, 1971.

The Company contends that it made a reasonable accommodation of Draper's religious practices by offering to facilitate his transfer to a production job. In certain circumstances such a transfer may be an adequate accommodation. See Dixon v. Omaha Public Power Dist., 385 F.Supp. 1382 (D.Neb.1974); Claybaugh v. Pacific Northwest Bell Tel. Co., 355 F.Supp. 1, 5 (D.Or.1973). In this case, however, transfer would have meant a substantial reduction in pay, it would have wasted Draper's skills as an electrician, and there was no assurance that Saturday work would not be required. When a transfer adversely affects...