New York & Massachusetts Motor Service, Inc. v. Massachusetts Commission Against Discrimination

517 N.E.2d 1270, 401 Mass. 566, 1988 Mass. LEXIS 24, 47 Empl. Prac. Dec. (CCH) 38,356, 49 Fair Empl. Prac. Cas. (BNA) 1267
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 19, 1988
StatusPublished
Cited by29 cases

This text of 517 N.E.2d 1270 (New York & Massachusetts Motor Service, Inc. v. Massachusetts Commission Against Discrimination) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New York & Massachusetts Motor Service, Inc. v. Massachusetts Commission Against Discrimination, 517 N.E.2d 1270, 401 Mass. 566, 1988 Mass. LEXIS 24, 47 Empl. Prac. Dec. (CCH) 38,356, 49 Fair Empl. Prac. Cas. (BNA) 1267 (Mass. 1988).

Opinions

Abrams, J.

New York and Massachusetts Motor Service, Inc. (New York-Mass), appeals from a judgment of the Superior Court affirming a determination of the Massachusetts Commission Against Discrimination (commission) that New York-Mass discriminated against the complainant, James A. Mislak, on the basis of his religion, and awarding Mislak lost wages and interest. New York-Mass argues four grounds for reversal that: (1) the decision of the commissioner, as affirmed by the full commission, was not supported by substantial evidence; (2) G. L. c. 151B, § 4 (1A) (1986 ed.), may not constitutionally require an employer to bear more than a de minimis cost in attempting reasonably to accommodate an employee’s religious needs, and New York-Mass was required to bear more than a de minimis cost; (3) the procedure for adjudication of discrimination claims under G. L. c. 15IB, §§ 5 and 9, violates an employer’s right to equal protection of the laws; and (4) the commission committed error in determining damages. We affirm in part and remand in part.

On December 9, 1981, Mislak filed a verified complaint with the commission alleging that his employer, New York-[568]*568Mass, discriminated against him on the basis of his religion in violation of G. L. c. 15IB, § 4 (1A), and Title VII of the Civil Rights Act of 1964. Mislak alleged that New York-Mass denied his repeated requests for a leave of absence from October 13 to October 20, 1981, in order to observe holy days of his religious institution, the Worldwide Church of God. Mislak further alleged that New York-Mass subsequently terminated his employment for observing his holy days.

The investigating commissioner found probable cause to credit the allegations in Mislak’s complaint. After a hearing, the single commissioner found that New York-Mass had discriminated against Mislak on the basis of his religion. The single commissioner ordered New York-Mass to pay Mislak the wages he lost as a result of his termination, as well as interest thereon at a rate of twelve per cent per annum from the date the complaint was filed until the date payment was made. New York-Mass appealed to the full commission, which affirmed the single commissioner’s decision with some modifications.2 New York-Mass sought review in the Superior Court. The judge affirmed the commission’s decision and order. We granted New York-Mass’s application for direct appellate review.

We summarize the facts found by the single commissioner and adopted by the full commission. James Mislak resides in Chicopee, and is a member of the Worldwide Church of God. His former employer, New York-Mass, is a corporation engaged in the freight delivery business in Springfield and in New York City. New York-Mass is owned by Paul A. Dubrey, Jr., who also serves as New York-Mass’s president and treasurer. Dubrey operates the business jointly with his father, Paul A. Dubrey, Sr. Mislak began work as a truck driver for New York-Mass in May, 1979.

[569]*569Mislak joined the Worldwide Church of God in August, 1975. Members of the Worldwide Church of God observe the Sabbath from sundown on Friday until sundown on Saturday, during which time they may not work. Church members observe several holy days on which work is forbidden: the Days of Unleavened Bread,3 Pentecost, the Feast of Trumpets, the Day of Atonement, the Feast of Tabernacles, and the Last Great Day. The Feast of Tabernacles lasts eight days, of which the last is the Last Great Day. During the Feast of Tabernacles, church members are required to leave their homes, and “go to a specific location where God has said his name.” Church members are forbidden to work on the eight days of the Feast of Tabernacles, and are required to attend four hours of church services daily.

When he was hired by New York-Mass in May, 1979, Mislak informed Paul Dubrey, Sr., that he would be unable to work from sunset Friday until sunset Saturday. Dubrey told Mislak that New York-Mass could work around his Sabbath observance. New York-Mass accommodated Mislak’s needs by getting him off the road before sundown. In the fall of 1979, Mislak requested vacation time corresponding to the Feast of Trumpets, the Day of Atonement, and the Feast of Tabernacles. Mislak did not inform his employer that the requested time was needed for his religious observances. New York-Mass granted the request. In 1980, Mislak requested time off to observe all of that year’s holy days.4 That request was granted. In 1981, Mislak did not have to request vacation for the spring holy days, because they fell on days he was not scheduled to work. In March or April, however, Mislak marked the company vacation calendar for September 29 (Feast of Tmmpets), October 8 (Day of Atonement), October 13-19 (Feast of Tabernacles), and October 20 (the Last Great Day). Mislak informed Paul Dubrey, Jr., that he needed the vacation days in order to [570]*570observe his holy days; Dubrey informed Mislak that he could take September 29 and October 8, but that he could not take vacation for the week of October 13 through October 20.

Dubrey told Mislak that it was company policy that only one employee take vacation at a single time and that two employees, Clarence and George Babcock, were already scheduled to take vacation during that week. Clarence Babcock had requested vacation from October 13 through October 30, and George Babcock had requested vacation from October 19 through October 30. The Babcocks had longer tenure at New York-Mass than did Mislak. Dubrey told Mislak that he could not have the requested week off unless he worked it out with the Babcocks. Mislak approached George Babcock about the vacation problem, but because Babcock and his father (Clarence) planned to attend a family reunion in Texas, Mislak did not ask them to switch weeks.

Several weeks later, Mislak spoke with Paul Dubrey, Jr., offering his two weeks’ vacation pay so that New York-Mass could hire a replacement driver for the six days in question. Dubrey again informed Mislak that he could not have the time off. Subsequent to this conversation, in June, 1981, Mislak obtained a request for excused absence from his minister and presented it to Paul Dubrey, Jr. The minister’s letter informed Dubrey that Mislak was required to be on Cape Cod for the religious observances. Dubrey again refused to grant Mislak the requested time off, citing another employee’s need to drive his wife to Boston for chemotherapy every Monday, and another employee’s need to go to court for divorce proceedings one day each week.

Sometime in October, Mislak again spoke with Paul Dubrey, Jr., about the vacation time; Dubrey told Mislak that he might be able to take one or two days off, but that he would not be able to take the entire week. On the evening of October 10 (a Saturday), Mislak went to the office to check the schedule for the coming week. Finding that he was scheduled to work October 13, Mislak called Paul Dubrey, Sr., at home and informed him that he could not work that day. Dubrey responded by telling Mislak that if he kept the holy day, he would lose his [571]*571job. Mislak did not report for work during his holy days, and when he returned to work on the evening of October 21, the Dubreys informed him that he no longer had a job.

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517 N.E.2d 1270, 401 Mass. 566, 1988 Mass. LEXIS 24, 47 Empl. Prac. Dec. (CCH) 38,356, 49 Fair Empl. Prac. Cas. (BNA) 1267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-massachusetts-motor-service-inc-v-massachusetts-commission-mass-1988.