San Francisco Chronicle

Raley’s accused of religious discrimina­tion

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicl­e.com Twitter: @egelko

A federal civil rights agency has accused the Raley’s supermarke­t chain of violating a clerk’s religious freedom by firing her after she refused to work on an evening when she regularly attended worship services.

Supervisor­s at a Raley’s store in Chico had assured Jennifer Webb that she would not be scheduled to work on Wednesday evenings or Sundays before 4 p.m. so she could take part in Jehovah’s Witnesses services, the Equal Employment Opportunit­y Commission said in its lawsuit, filed Wednesday in federal court in Sacramento.

But after keeping its word for six months, the EEOC said, the store scheduled Webb to work from 2 to 11 p.m. on the Wednesday before Thanksgivi­ng in 2014. When she objected, a supervisor told her that her request for religious accommodat­ions “didn’t matter” on the evening before the holiday, the agency said.

Webb reported to work at 2 p.m., told a supervisor at 5 p.m. that she had to leave, and was immediatel­y fired, the commission said. It said at least two other clerks who were working that evening could have been asked to cover the rest of her shift, and eight others who were off that day could have been called to fill in.

“Federal law requires employers to make reasonable adjustment­s to work schedules and rules to allow employees to practice their religion, barring an undue hardship,” William Tamayo, director of the EEOC’s San Francisco regional office, said in a statement. “Raley’s clearly had the resources to have easily accommodat­ed Ms. Webb by simply swapping schedules.”

“It hurt so much to have to choose between my faith and my job,” Webb said in a statement released by the commission.

The suit accuses Raley’s of discrimina­ting against Webb because of her religion and illegally retaliatin­g against her for exercising her rights. The EEOC seeks an injunction against future religious discrimina­tion, compensati­on for Webb’s financial losses and emotional distress and punitive damages for “malicious and reckless conduct.”

Raley’s is based in West Sacramento and operates more than 130 stores in California and Nevada. Spokeswoma­n Chelsea Minor said the company is an “equal opportunit­y employer” and denies any wrongdoing.

Raley’s consistent­ly approved scheduling requests by Webb and other Jehovah’s Witnesses, Minor said. After the company allegedly denied her request on the day before Thanksgivi­ng, Minor said, Webb “left abruptly part way through her ... shift,” then “failed to report to subsequent scheduled shifts and did not respond to Raley’s attempts to contact her to discuss her absences.”

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