Louis Cosme v. William J. Henderson, in His Capacity as United States Postmaster General

287 F.3d 152, 2002 U.S. App. LEXIS 5300, 82 Empl. Prac. Dec. (CCH) 41,048, 88 Fair Empl. Prac. Cas. (BNA) 840, 2001 WL 1830082
CourtCourt of Appeals for the Second Circuit
DecidedMarch 29, 2002
DocketDocket 01-6032
StatusPublished
Cited by188 cases

This text of 287 F.3d 152 (Louis Cosme v. William J. Henderson, in His Capacity as United States Postmaster General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Louis Cosme v. William J. Henderson, in His Capacity as United States Postmaster General, 287 F.3d 152, 2002 U.S. App. LEXIS 5300, 82 Empl. Prac. Dec. (CCH) 41,048, 88 Fair Empl. Prac. Cas. (BNA) 840, 2001 WL 1830082 (2d Cir. 2002).

Opinion

CARDAMONE, Circuit Judge.

Obedience to the biblical injunction contained in the 4th Commandment “Remember to Keep Holy the Sabbath Day,” and on it to do no work, directly conflicts, on this appeal, with appellant’s work schedule at his employment requiring us to determine whether his employer’s accommodation of appellant’s religious practices passes statutory muster.

Plaintiff Louis Cosme (plaintiff or appellant) was employed by the defendant United States Postal Service (defendant or ap-pellee) for many years as a letter carrier at the Lincolnton station in upper Manhattan. Prior to the events that are the subject of this litigation, Cosme became affiliated with the Worldwide Church of God, which holds as a condition of church membership that its members observe the Sabbath, by refraining from work on the seventh day of the week that runs from Friday sunset to Saturday sunset. Thus, on 12 different Saturdays running from December 1992 to March 1993, appellant did not report for work at the Lincolnton station. That failure on his part spawned the present litigation in which we must decide whether the Postal Service’s attempts to adjust Cosme’s work schedule in light of his religious beliefs discharged the obligation Congress imposed on employers *155 under § 701(j) of the Civil Rights Act of 1964, 42 U.S.C. § 2000e(j) (1994). Section 701(j) directs employers to “reasonably accommodate” an employee’s religious practices, so long as that accommodation does not cause “undue hardship on the conduct of the employer’s business.” Believing such obligation was fully discharged by the Postal Service, we affirm.

FACTS

A. Saturdays Off

In 1992 plaintiff worked as a letter carrier driving a postal truck and delivered parcel post in those areas of upper Manhattan served by the Lincolnton station. Cosme worked a fixed Monday to Friday schedule. In mid-1992 the Lincolnton parcel post operation was relocated and, as a result, only one of six parcel post delivery trucks remained in operation.

Stanley Becton, the postal worker previously assigned to the remaining parcel post truck, had a work schedule with fixed days off on Saturday and Sunday. At the time of the parcel post relocation, Becton resigned, thereby opening his position to bidding by other Lincolnton employees. But when the route was posted for bidding by the Lincolnton station manager, Michele McNeill, the only fixed day off was now Sunday, with Saturday off rotating weekly among the other postal drivers. Cosme insists that changing the days off guaranteed a conflict between his job and his religious beliefs and that McNeill changed the schedule to discriminate against him. McNeill explains, in response, that the change in the work schedule was required under the parcel post reorganization because otherwise overtime hours would be required to cover Lincoln-ton’s parcel delivery demand and other drivers would have no opportunity to have a rotating Saturday rest day.

Even though the route no longer had a fixed Saturday off, Cosme decided to bid on the position, which he was sure to obtain with his accumulated seniority. When notified of Cosme’s intentions, McNeill allegedly informed him that he would be required to work Saturdays if he bid successfully and urged him to instead remain an “unassigned regular,” which would allow her to accommodate his scheduling needs. Importantly, McNeill also allegedly advised Cosme that as an unassigned regular, he could bid on vacancies at other postal stations in Manhattan that did not require Saturday work. Dissatisfied with McNeill’s offer, Cosme bid on the Lincoln-ton route.

After plaintiff was awarded the position, he refused to work on Saturdays, simply failing to report for work. For this failure, Cosme was progressively disciplined, being first issued three letters of warning, and culminating finally in a “Notice of Proposed Removal” in April 1993. After receiving that notice, plaintiff entered into an arrangement with the Postal Service under which he worked four days at Lin-colnton, had Saturday as a rest day, and worked Sundays at another station. Based on this agreement, the Postal Service terminated the proposed removal proceedings against him. With the Saturdays off issue resolved, Cosme turned his attention to a new position.

In addition to her attempt to accommodate Cosme with an “unassigned regular” position, McNeill testified that she made three offers to plaintiff to transfer him to other postal stations within Manhattan where he could work as a letter carrier with a fixed Saturday off. Specifically, McNeill said she offered to transfer him to the Washington Bridge, Manhattanville, and Church Street stations. Allegedly, McNeill spoke with the managers for these postal stations and obtained their agree *156 ment to take plaintiff with a schedule that afforded him Saturdays off. Although Cosme suggests that some or all of these offers were not made, the district court found that a preponderance of the evidence supported McNeill’s account. In any case, plaintiff argues that these transfer offers were inadequate because he would suffer a loss of seniority for a 90-day period following any such transfer. At the expiration of 90 days, however, he would regain his seniority and be able to bid on any open position.

B. Postal Inspector Position

In 1994 Cosme applied for a position as a postal inspector, a highly competitive law enforcement position. Plaintiffs application was assigned to Postal Inspector David Rivera for evaluation. After interviewing Cosme, Rivera visited Lincolnton to review plaintiffs employment records and to speak with Supervisor McNeill. Rivera learned that plaintiff had been censured for violating Postal Service driving policies: once for leaving the scene of and failing to report an accident and another for making an illegal U-turn. According to Rivera, these infractions were sufficiently serious to preclude him from recommending Cosme for a postal inspector position. Rivera also learned from McNeill that Cosme had failed to report for work on numerous Saturdays on account of his religion. Rivera recommended against hiring Cosme for a postal inspector position, and he was not hired.

PRIOR LEGAL PROCEEDINGS

After receiving a right to sue letter from the Equal Employment Opportunity Commission (EEOC) on February 27, 1998, plaintiff commenced this action on April 17,1998 under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e el seq. (1994 & Supp. V 1999), alleging he was unlawfully discriminated against because of his religion when he was denied reasonable accommodation for his Sabbath observance on Saturdays. Plaintiff further asserted that he was denied a promotion to postal inspector as a result of the same failure to accommodate him. Defendant Postal Service filed an answer denying plaintiffs claims.

On July 10, 2000 a bench trial was held in the United States District Court for the Southern District of New York before Judge Victor Marrero.

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287 F.3d 152, 2002 U.S. App. LEXIS 5300, 82 Empl. Prac. Dec. (CCH) 41,048, 88 Fair Empl. Prac. Cas. (BNA) 840, 2001 WL 1830082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louis-cosme-v-william-j-henderson-in-his-capacity-as-united-states-ca2-2002.