Last week, on July 6, 2017, the U.S. District Court for the District of Minnesota granted summary judgment in favor of defendant in EEOC v. North Memorial Health Care, finding that a Minnesota hospital had not violated Title VII of the Civil Rights Act of 1964 (Title VII) when it withdrew a nurse’s conditional employment offer after she requested a religious accommodation. The court held that the act of requesting a reasonable accommodation did not, in and of itself, constitute protected activity under Title VII. Consequently, North Memorial’s withdrawal of plaintiff’s job offer, as a matter of law, could never give rise to a Title VII retaliation claim. This decision contradicts the Equal Employment Opportunity Commission’s (EEOC) guidance, which includes requests for religious accommodations as protected activity.
Emily Sure-Ondara, the plaintiff in North Memorial, is a nurse and a practicing Seventh Day Adventist (a Protestant Christian denomination). In November 2013, Sure-Ondara was recruited for a registered nurse position at North Memorial. She applied for the job, and, after a series of successful interviews, North Memorial extended her a conditional offer of employment. According to the terms of the conditional job offer, Sure-Ondara was scheduled to work the night shift—11:00 p.m. to 7:00 a.m.—and weekends, every other weekend.
Upon receiving her proposed schedule, Sure-Ondara contacted North Memorial’s Human Resources (HR) to request a religious accommodation. As a Seventh Day Adventist, Ms. Sure-Ondara observes the Sabbath on Saturdays and was consequently not able to work on Friday nights due to her religious obligations. HR responded that the North Memorial union agreement required all nurses to work every other weekend and that, if Sure-Ondara would not be able to work the proposed schedule, the hospital might “need to offer the position to another candidate.” Sure-Ondara told HR that she would “make it work” and offered to either trade her Friday night shifts with another nurse or—if she could not find a substitute—come in to work anyway, despite her religious obligations.