Ned was hired six weeks ago by “State of Estates” to supervise the call center on weekends. At the time of hire, Ned did not disclose that he is a follower of the “Weekend Warriors” religion. In observance of his religious practices, Ned may not work Saturday mornings before noon. Ned called out of work three Saturday mornings in a row, costing the company extra overtime costs. The company looked to re-arrange the schedule, but to pull in a more senior supervisor on the weekend would require time-and-a-half pay. In addition, call-center statistics indicate a drop in productivity when there is a change of supervisor mid-day. The company would like to terminate Ned’s employment.
· Would Ned have an argument for religious discrimination against “State of Estates?” Why or why not?
· If yes, would the company be able to assert any defenses under these circumstances?