Bradley Baker was hired by Home Depot in March of 2001 as a full-time sales associate in the floor and wall department of Home Depot's store in Auburn, Massachusetts. Baker worked a flexible schedule that included evenings, weekends, and on any day of the week that his services were required. During the course of his employment, Baker attended church services and premarital counseling at the Gospel Fellowship Church in Belmont, New York. As a result of the counseling sessions, Baker became fully aware of the importance of the Sabbath. Shortly thereafter, Baker relocated with his new wife and was offered a job at another Home Depot store in Henrietta, New York. At the time of his interview, he told the store manager that he was able to work any day other than Sunday because of his religious convictions. Baker was told that there was no problem with his not working Sundays and was given the position. For roughly a year, the store accommodated Baker's request. Subsequently, a new manager was hired who did not agree that Baker should be allowed to take Sundays off of work. Ultimately, Baker was given the choice between coming in on Sundays when scheduled or becoming a part-time employee and losing his benefits. When Baker refused to go part-time and did not show up for scheduled Sunday shifts, his employment was terminated. Baker filed suit alleging religious employment discrimination pursuant to Title VII of the Civil Rights Act of 1964. The district court found that Home Depot's offer to Baker of a work schedule excluding Sunday mornings constituted a reasonable accommodation. Baker appealed. Do you think Baker was discriminated against under Title VII? How do you think the court of appeals ruled and why?
Baker v. The Home Depot, 445 F.3d 541 (2d Cir. 2006).