HAMILTON, Circuit Judge.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of religion. Among other consequences, the law requires a covered employer to provide a reasonable accommodation for an employee's request to participate in a religious observance or practice if an accommodation would not cause the employer undue hardship. Plaintiff Sikiru Adeyeye made such a request to his former employer, defendant Heartland Sweeteners, LLC, after his father's death. Adeyeye is a native of Nigeria who moved to the United States in 2008. He requested several weeks of unpaid leave so he could travel to Nigeria to lead his father's burial rites. He explained to Heartland that his participation in the funeral ceremonies was "compulsory" and that if he failed to lead the burial rites, he and his family members would suffer at least spiritual death. Heartland denied Adeyeye's request, but he traveled to Nigeria for the ceremonies anyway. He was fired when he returned and reported to work.
Adeyeye filed this suit under Title VII for failure to accommodate his religion. The district court granted summary judgment for Heartland, finding that Adeyeye's two written requests did not present evidence sufficient for a reasonable jury to find that he had provided Heartland notice of the religious character of his request for unpaid leave. We disagree. Whether or not Adeyeye's letters might have justified holding as a matter of law that they provided sufficient notice of the religious nature of his request (a question we do not decide), they certainly are sufficient to present a genuine issue of material fact regarding whether Heartland had notice of the religious nature of the request. We also find that genuine issues of material fact prevent us from affirming summary judgment on any of the other grounds argued by Heartland. We reverse the district court's judgment and remand for further
Title VII prohibits employers from discriminating against employees and job applicants based on their religion. 42 U.S.C. § 2000e-2(a). The statutory definition of "religion" in Title VII is drafted as an unusual blend. It combines a broad substantive definition of religion with an implied duty to accommodate employees' religions and an explicit affirmative defense for failure-to-accommodate claims if the accommodation would impose an undue hardship on the employer. The statutory definition reads: "The term `religion' includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to [sic] an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business." 42 U.S.C. § 2000e(j).
United States v. Seeger provides a helpful definition of religion: The test "is whether a given belief that is sincere and meaningful occupies a place in the life of its possessor parallel to that filled by the orthodox belief in God." 380 U.S. 163, 165-66, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965). In interpreting what qualifies as religion under the broad statutory definition of Title VII, we have endorsed this standard that was used in Seeger to interpret the federal statute exempting conscientious religious objectors from military conscription, finding that the definition serves equally well for the purposes of Title VII. See Redmond v. GAF Corp., 574 F.2d 897, 901 n. 12 (7th Cir.1978) (explaining that a religious belief is a belief that is considered religious "in [the] person's own scheme of things" and is "sincerely held"). The broad definition applies to all religious beliefs that are sincerely held: "In such an intensely personal area, of course, the claim of the registrant that his belief is an essential part of a religious faith must be given great weight.... The validity of what he believes cannot be questioned. Some theologians, and indeed some examiners, might be tempted to question the existence of the registrant's `Supreme Being' or the truth of his concepts. But these inquiries are foreclosed to Government." Seeger, 380 U.S. at 184, 85 S.Ct. 850 (reviewing criminal convictions for men claiming conscientious objections to military conscription).
Thus, a genuinely held belief that involves matters of the afterlife, spirituality, or the soul, among other possibilities, qualifies as religion under Title VII. See Kaufman v. McCaughtry, 419 F.3d 678, 681 (7th Cir.2005) ("[W]hen a person sincerely holds beliefs dealing with issues of ultimate concern that for her occupy a place parallel to that filled by God in traditionally religious persons, those beliefs represent her religion.") (internal quotations and ellipses omitted).
We review a district court's grant of a summary judgment motion de novo. Porter, 700 F.3d at 950. The nonmoving party is entitled to the benefit of conflicts in the evidence and all reasonable inferences that could be drawn in his favor. We must reverse if a genuine issue of material fact exists that would allow a reasonable jury to find in favor of the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-51, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Forrest v. Prine, 620 F.3d 739, 742-43 (7th Cir.2010). To determine whether genuine issues of material fact exist, we ask if "the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505.
Adeyeye's claim for failure to accommodate his religion is straightforward. He asserts that his request for unpaid leave was motivated by his own genuine, sincerely held religious beliefs that he had to perform his father's burial rites. He provided employer Heartland ample notice that he sought unpaid leave for religious reasons. He then missed work to perform the burial rites and was fired because of this absence.
The district court did not reach the religious belief or cause elements of Adeyeye's claim, finding only that he did not provide sufficient evidence that Heartland had notice of the religious nature of his request for leave. We address first our disagreement with the district court's conclusion on the notice element. Because Heartland argues that we should affirm the district court's judgment on other grounds that were argued both in the district court and on appeal, we also address whether Adeyeye offered sufficient evidence of his sincere religious beliefs, whether his religious practice caused his termination, and finally whether Heartland showed as a matter of law that any possible accommodation would have imposed an undue hardship on it.
To prove his claim of failure to accommodate his religion, Adeyeye must show that he "called the religious observance or practice to [his] employer's attention." Porter, 700 F.3d at 951; Redmond, 574 F.2d at 902 ("The employee has the duty to inform his employer of his religious needs so that the employer has notice of the conflict."). As we have explained before, religion is not necessarily immediately apparent to others, and employers are "not charged with detailed knowledge of the beliefs and observances
An employee may say in so many words, "I need to take unpaid leave to comply with a religious duty." That would certainly be clear enough, but Title VII has not been interpreted to require adherence to a rigid script to satisfy the notice requirement. Quite the contrary: Title VII is a remedial statute that we construe liberally in favor of employee protection. Title VII, like the Americans with Disabilities Act, was written to deal with real communications between employees and managers, and the law expects both to be reasonable. The employee must make the request reasonably clear so as to alert the employer to the fact that the request is motivated by a religious belief. The employer, in turn, must be alert enough to grasp that the request is religious in nature. If the employer is not certain, managers are entitled to ask the employee to clarify the nature of this request.
In light of the need for fair notice and the employer's reciprocal duty to pay attention to requests for religious accommodation, let's look at Adeyeye's first written request for leave, dated July 19, 2010:
After this request was denied, Adeyeye wrote a second request dated September 15, 2010, in which he reduced his request from five weeks of unpaid leave to one week of (already earned) vacation and three weeks of unpaid leave:
These requests to Heartland would allow a reasonable jury to find that Adeyeye gave sufficient notice of the religious nature of his request for unpaid leave. His first request referred to a "funeral ceremony," a "funeral rite," and animal
We recognize, of course, that the religious beliefs and practices Adeyeye referred to are not as familiar as beliefs and practices closer to the modern American mainstream. But the protections of Title VII are not limited to familiar religions. See Redmond, 574 F.2d at 900-01 (Title VII protects conduct that is "religiously motivated" and includes "all forms and aspects of religion, however eccentric"), quoting Cooper v. General Dynamics, 533 F.2d 163, 168 (5th Cir.1976). If the managers who considered the request had questions about whether the request was religious, nothing would have prevented them from asking Adeyeye to explain a little more about the nature of his request without risking the sort of hostility to an employee's religion that was at issue in Venters v. City of Delphi, 123 F.3d 956, 972 (7th Cir.1997) (reversing summary judgment for employer where supervisor made clear his expectations that employee needed to share supervisor's religious beliefs and values), or Shapolia v. Los Alamos Nat'l Lab., 992 F.2d 1033, 1037 (10th Cir.1993) (affirming summary judgment for employer; employee failed to show supervisors' hostility to his religion motivated decision to fire him). The law leaves ample room for dialogue on these matters. The district court erred by granting summary judgment on the question of notice.
Heartland argues in the alternative that it is entitled to summary judgment because Adeyeye did not participate in his father's funeral rites based on a sincere religious belief of his own but acted instead based on his perceived duties as a son, duties that are not protected by Title VII. The difference is important because only religious beliefs, observances, and practices must be accommodated. And it is not enough for the belief to be religious in nature, it must also be the employee's own religious belief. As Heartland argues, therefore, if Adeyeye was observing his father's religious beliefs only to fulfill his own personal filial duty or to honor his father, Title VII would not require a religious accommodation because the request would not be driven by Adeyeye's own personal religious beliefs, observances, or practices.
To satisfy this element of his claim, Adeyeye must present evidence that would allow a reasonable jury to find that (1) "the belief for which protection is sought [is] religious in [the] person's own scheme of things" and (2) that it is "sincerely held." Redmond, 574 F.2d at 901 n. 12 (internal quotations omitted). The district court did not decide this issue. Heartland contends that the undisputed evidence shows that Adeyeye does not sincerely believe in the religion that requires these burial rites but was acting instead out of a filial duty that Title VII does not recognize or protect. We disagree.
The evidence presented by Adeyeye and discussed below is sufficient to show that
In our view, the issue is Adeyeye's sincerity, but that does not require a deep analysis of his conscious and/or subconscious reasons or motives for holding his beliefs. As Adeyeye's counsel aptly noted in oral argument, the prospect that courts would begin to inquire into the personal reasons an individual has for holding a religious belief would create a slippery slope we have no desire to descend. Has the plaintiff had a true conversion experience? Is he following religious practices that are embedded in his culture and family upbringing? Is he making Pascal's coldly rational wager to believe in God based on his self-interest? These questions are simply not an appropriate or necessary line of inquiry for courts. We are not and should not be in the business of deciding whether a person holds religious beliefs for the "proper" reasons. We thus restrict our inquiry to whether or not the religious belief system is sincerely held; we do not review the motives or reasons for holding the belief in the first place.
Adeyeye was born in Nigeria and lived there until he moved to the United States as a legal permanent resident in 2008. In his deposition testimony and declaration, Adeyeye explained that his family's religion is a blend of Christianity and customs, traditions, and ceremonial rites developed in his Nigerian village. As a part of this religion, the specific dictates of each family's religious practice are identified, determined, and required by the father or male head of the household. Thus, participating in the rites and traditions identified by his father is a necessary part of Adeyeye's religious observance. Adeyeye explained this in his deposition: "I have to go to Nigeria to go to perform my rites. Being my rites — what I mean by rite, we have a customary rite, our whole culture. So being the main child of the family, so I have to go there and perform a rite."
Adeyeye identified these religious rites in his letters requesting unpaid leave, quoted above, as well as in his deposition and declaration. They included leading an extended procession through the village, animal sacrifice in the form of killing five goats, and cutting off his mother's hair and anointing her head twice with snail oil while she remained secluded in her home for one month of mourning until Adeyeye coaxed her to exit her home and to reenter society.
Under Title VII's broad and intentionally hands-off definition of religion, such beliefs and practices are protected from discrimination. "A personal religious faith is entitled to as much protection as one espoused by an organized group." Vinning-El v. Evans, 657 F.3d 591, 593 (7th Cir. 2011). It is not within our province to evaluate whether particular religious practices or observances are necessarily orthodox or even mandated by an organized religious hierarchy. "Courts should not undertake to dissect religious beliefs because the believer admits that he is `struggling' with his position or because his beliefs are not articulated with the clarity and precision that a more sophisticated person might employ." Thomas v. Review Bd. of Indiana Employment Sec. Division,
Title VII and courts also do not require perfect consistency in observance, practice, and interpretation when determining if a belief system qualifies as a religion or whether a person's belief is sincere. These are matters of interpretation where the law must tread lightly. "Particularly in this sensitive area, it is not within the judicial function and judicial competence to inquire whether the petitioner or his fellow worker more correctly perceived the commands of their common faith. Courts are not arbiters of scriptural interpretation." Id. at 716, 101 S.Ct. 1425; see also Grayson v. Schuler, 666 F.3d 450, 454-55 (7th Cir.2012) ("[A] sincere religious believer doesn't forfeit his religious rights merely because he is not scrupulous in his observance; for where would religion be without its backsliders, penitents, and prodigal sons?").
Adeyeye has presented sufficient evidence for a jury to find that he was acting on the basis of his own, sincere, religious beliefs. Arguing to the contrary, Heartland relies heavily on the following exchange in his deposition:
The first problem with this exchange is that the last and supposedly decisive answer is completely ambiguous. The question was an informal fragment. Suppose we reasonably interpret it as asking, "Was that not your belief?" The negative form of the question still makes the response "Yeah" inconclusive. Did he mean "yes, it was not my belief," or "yes, it was my belief"?
Even if we overlook the ambiguous exchange and interpret it as Heartland suggests, it is not the only evidence on the question. In response to the questions before and after the quoted exchange, Adeyeye explained that upon immigration to the United States, he, as head of his household, identified the religious rites and traditions his immediate family would observe and that these practices were not identical to the religious practices his family observes in Nigeria. He also made clear, however, that this is consistent with an inter-generational form of faith and practice where part of the belief system is that the head of each household has the privilege and responsibility of determining the family's exact practices. Adeyeye clarified this further in his declaration: "The Christian religion in which I was raised incorporates the traditional rites and customs of my village and family. Under these traditions, my father, as the head of the family, determined the religious practices, beliefs and customs for his household. I believe that I was spiritually compelled to follow these practices, beliefs, and customs in connection with the death and burial of my father."
Adeyeye also testified about the spiritual consequences of his failure to carry out his father's burial rites: "I believe I was compelled by my religious beliefs to follow the traditional rites and customs established by my father as head of the household in
Heartland's argument on this element seems to ask the court to reject the inter-generational dimension of Adeyeye's religion, which would require the court to probe and perhaps even to disapprove of the content of his own religious beliefs. As explained above, that is not a task appropriate for courts. Moreover, we cannot help but note that Adeyeye's professed belief that his faith required him to follow his father's directions about matters of faith and ritual seems to fit very comfortably with the Judeo-Christian divine commandment to honor thy father and thy mother. See Ex. 20:12; Deut. 5:16. Thus, we do not see the bright line between the father's faith and the son's faith that Heartland sees. Lastly, while not necessary given the other evidence, a jury may very well find it relevant evidence of sincerity that Adeyeye was willing to risk his job and put up his car as collateral for a loan to fund his trip to Nigeria to participate in these burial rites. The record provides sufficient evidence for a reasonable jury to find that Adeyeye was acting on the basis of his own sincere religious beliefs.
Heartland argues next that Adeyeye has no evidence that "the religious observance or practice was the basis for [his] discharge or other discriminatory treatment." Porter v. City of Chicago, 700 F.3d 944, 951 (7th Cir.2012) (internal quotations omitted). The district court did not decide the issue, and we reject Heartland's argument. The record includes pictures of Adeyeye leading the burial rites. There is no question as to the cause of his absence. Heartland told Adeyeye he was terminated when he returned from Nigeria and reported to work. The termination letter explained that he had been "absent without having available earned personal time since October 7, 2010" and that he was terminated in accordance with Heartland's attendance policy.
Heartland argues that Adeyeye's termination was caused by his absence rather than the refusal to accommodate his religious beliefs. This is sophistry, as we have made clear before. See EEOC v. Ilona of Hungary, Inc., 108 F.3d 1569, 1575 (7th Cir.1997) (explaining that plaintiffs "plainly were terminated for failing to work on Yom Kippur; whether or not [the employer's] decision to require that they do so was supported by legitimate concerns for its business goes to the issue of undue hardship, and not to whether a prima facie case was shown"). Adeyeye was absent to observe his religious practices, and he was fired as a result of that absence. It is as simple as that. There is ample evidence indicating that Adeyeye's religious observance caused his termination.
Finally, Heartland argues we should affirm summary judgment on the theory that any accommodation of Adeyeye's religion would have imposed an undue hardship on it. On this issue, Heartland bears the burden of proof, so it must show, as a matter of law, that any and all accommodations would have imposed an undue hardship. 42 U.S.C. § 2000e(j); Baz v. Walters, 782 F.2d 701, 706 (7th Cir.1986). The district court also did not decide this issue, and we reject Heartland's argument.
Adeyeye's second letter requested permission to take his one week of vacation together with three weeks unpaid leave to allow enough time to travel to Nigeria and participate in the burial rites. The Supreme Court has recognized unpaid leave as a reasonable and generally satisfactory form of accommodation for religious faith and practice: "The provision of unpaid leave eliminates the conflict between employment requirements and religious practices by allowing the individual to observe fully religious holy days and requires him only to give up compensation for a day that he did not in fact work. Generally speaking, the direct effect of unpaid leave is merely a loss of income for the period the employee is not at work; such an exclusion has no direct effect upon either employment opportunities or job status." Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 60, 70-71, 107 S.Ct. 367, 93 L.Ed.2d 305 (1986) (internal quotations omitted).
Reasonableness is assessed in context, of course, and this evaluation will turn in part on whether or not the employer can in fact continue to function absent undue hardship if the employee is permitted to take unpaid leave on the needed schedule. We recognize that extended absences may pose challenges for employers. We must also recognize that many employers also manage their work around employees' vacations and medical leaves that may last several weeks or even longer. The issue of undue hardship will depend on close attention to the specific circumstances of the job and the leave schedule the employee believes is needed.
On this issue, Heartland is not entitled to summary judgment. Its evidence does not show that any reasonable jury would have to find that permitting Adeyeye to take three weeks of unpaid leave in conjunction with his week of vacation would have created an undue hardship for Heartland. We reach this conclusion based on the specific evidence in this case, which showed that during his tenure at Heartland, Adeyeye had two jobs: material handler and packer/palletizer. The evidence would permit a jury to find that Heartland expects and plans for high turnover of workers in both job categories without compromising quality or productivity. The factory where Adeyeye worked is staffed by temporary workers as well as permanent workers. At the time of Adeyeye's departure, half of the shifts for the packer/palletizers and one third of the shifts for material handlers were staffed by temporary workers. Heartland expected and planned for the frequent turnover of employees by keeping a ready list of temporary workers who usually reported to Heartland within an hour of a request. Title VII requires proof not of minor inconveniences but of hardship, and "undue" hardship at that. 42 U.S.C. § 2000e(j). In light of the evidence of high turnover, frequent use of temporary workers, and a ready supply of substitutes, a reasonable jury would not be required to find that an unpaid leave of several weeks for Adeyeye would have imposed an undue hardship on Heartland.
Heartland argues, nevertheless, that any inconvenience or disruption, no matter how small, excuses its failure to accommodate,
Finally, we consider Heartland's argument that it did provide Adeyeye with a reasonable accommodation in the form of voluntary self-termination with the possibility of being rehired. Heartland had the good sense to relegate this argument to a footnote. It has little to recommend to it. We strain to imagine a situation in which such an offer could be considered an accommodation, nor could we locate a federal court in the country opining that such an accommodation could be reasonable for a religious request. Title VII does not contemplate asking employees to sacrifice their jobs to observe their religious practices. At the risk of belaboring the obvious, Title VII aimed to ensure that employees would not have to sacrifice their jobs to observe their religious practices. An option of voluntary termination with the right to ask for one's old job later is not a reasonable accommodation.
The judgment of the district court is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.