Written Requests for Unpaid Leave to Attend Burial Ceremony Abroad Created Triable Issue on the Religious Nature of Request: Seventh Circuit | Practical Law

Written Requests for Unpaid Leave to Attend Burial Ceremony Abroad Created Triable Issue on the Religious Nature of Request: Seventh Circuit | Practical Law

In Adeyeye v. Heartland Sweeteners, LLC, the US Court of Appeals for the Seventh Circuit held that an employee's written requests for unpaid leave to travel to Nigeria to participate in funeral and burial ceremonies for his deceased father created a triable issue whether the employer had notice of the requests' religious nature and required reversal of summary judgment on the employee's religious accommodation claim under Title VII of the Civil Rights Act of 1964 (Title VII).

Written Requests for Unpaid Leave to Attend Burial Ceremony Abroad Created Triable Issue on the Religious Nature of Request: Seventh Circuit

by Practical Law Labor & Employment
Published on 07 Aug 2013 • USA (National/Federal)
In Adeyeye v. Heartland Sweeteners, LLC, the US Court of Appeals for the Seventh Circuit held that an employee's written requests for unpaid leave to travel to Nigeria to participate in funeral and burial ceremonies for his deceased father created a triable issue whether the employer had notice of the requests' religious nature and required reversal of summary judgment on the employee's religious accommodation claim under Title VII of the Civil Rights Act of 1964 (Title VII).
In a July 31, 2013 opinion, the US Court of Appeals for the Seventh Circuit held that an employee's written requests for unpaid leave to travel to Nigeria to participate in funeral and burial ceremonies for his deceased father created a triable issue whether the employer had notice of the requests' religious nature. The court reversed summary judgment on the employee's Title VII religious accommodation claim.

Background

Adeyeye is a Nigerian citizen who moved to the US in 2008. In 2010, he twice requested unpaid leave from his former employer, Heartland Sweeteners, LLC, to go to Nigeria to lead the burial rites for his father. Adeyeye explained to Heartland that:
  • His participation in the funeral rites was compulsory.
  • If he failed to lead the burial rites, he and his family members would suffer spiritual death.
Adeyeye made his first written request for five weeks unpaid leave on July 19, 2010. It read as follows:
I hereby request for five weeks leave in order to attend funeral ceremony of my father. This is very important for me to be there in order to participate in the funeral rite according to our custom and tradition. The ceremony usually cover from three to four weeks and is two weeks after the burial, there is certain rite[s] that all of the children must participate. And after the third week, my mother will not come out until after one month when I have to be there to encourage her, and I have to [k]ill five goats, then she can now come out. This is done compulsory for the children so that the death will not come or take away any of the children’s life. I will appreciate if this request is approved.
After his July 19 request was denied, Adeyeye wrote a second request dated September 15, 2010. In this second request he reduced the amount of leave he was asking for from five week's unpaid leave, to one week of earned vacation and three weeks unpaid leave:I hereby request for my one week vacation and three weeks leave in order to attend the funeral ceremony of my father in my country, Nigeria — Africa, which is taking place by October next month. This is the second time I will inform you and request for this travelling trip from the company but no reply to this matter. Nevertheless, the burial will be taking place by October next month and I have to be there and involved totally in this burial ceremony being the first child and the only son of the family. I therefore request for this period stated above for this trip and back to my work by November 4th, 2010. Your help towards this matter will highly be appreciated.
Adeyeye traveled to Nigeria for the ceremonies without leave from Heartland and was fired when he returned and reported to work. Adeyeye sued Heartland alleging it violated Title VII by failing to accommodate his religion.
A federal district court granted summary judgment for Heartland, finding that Adeyeye's two written requests for unpaid leave did not present sufficient evidence for a reasonable jury to find that he had given sufficient notice of his requests' religious nature.

Outcome

The Seventh Circuit reversed the district court and remanded the case for further proceedings, holding that:
  • Adeyeye's written requests created a triable issue whether Heartland received sufficient notice that Adeyeye's requests' had a religious nature. In particular the court found that:
    • "Title VII protections are not limited to familiar religions";
    • the first request referred to a funeral ceremony (funeral right and animal sacrifice), stated that participation in the ceremonies was compulsory, noted that the spiritual consequence of Adeyeye's absence would mean death for him and his family and included multiple references to spiritual activities and the afterlife that a reasonable jury could find gave Heartland notice that the request was religious; and
    • The second request, although not as specific as the first, referred to a funeral ceremony and burial ceremony, referred to the importance of his attendance as the first child and only son and conveyed a religious request clearly enough to preclude summary judgment on the issue when read with the first letter in mind.
  • Heartland's other argument did not support summary judgment on Adeyeye's claim. In particular, the court found that:
    • Adeyeye had provided evidence of sincere religious beliefs and was not attending ceremonies based only on filial duty;
    • there was no question that religious practice caused Adeyeye's absence and his absence caused his termination; and
    • there is no evidence to show that granting Adeyeye unpaid leave would have created an undue hardship for Heartland based on the evidence that Heartland has a high turnover for workers, which it expected and planned for by keeping a list of temporary workers who could report for work within an hour of being called.
    • Heartland did not accommodate Adeyeye's religious beliefs by allowing him to reapply for his job after terminating him.

Practical Implications

Title VII provides a broad definition of religion which includes all aspects of religious observance and practice as well as belief, including "matters of the afterlife, spirituality or the soul". Employer's are well-advised to educate themselves about diverse religions and religious practices, since the protections of Title VII are not limited to familiar religions, and "a personal religious faith is entitled to as much protection as one espoused by an organized group".

Court Documents