Wash. Court of Appeals published opinion — 383814_pub.pdf

Citation: Wash. Court of Appeals published opinion — 383814_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/383814_pub.pdf ↗

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Suarez declared that after she began working for the School, she requested a

schedule change several times. Suarez explained to her supervisors that her religious

beliefs were important and that her work schedule conflicted with the Sabbath and

religious holidays. Although Suarez was working nights, it was difficult for her to work

all night and attend church services all day Saturday and then work all night Saturday.

1
Prior to July 1, 2019, the collective bargaining agreement allowed staff to refuse
mandatory overtime one time per quarter.

5
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38381-4-III
Suarez v. State

While her requests to change her schedule were denied, the School allowed Suarez to

take five days of unpaid leave for religious holidays in April 2019.

In September 2019, a CNA position on swing shift (1:45 p.m. to 10:15 p.m.)

opened at the school with Fridays and Saturdays off. The position did not receive any

bids from permanent employees and was opened to probationary employees. The

position was posted and emailed to all Department staff. An employee with less seniority

than Suarez applied for and was hired for this position. Because the employee was also a

probationary employee when she was hired for the new job, the employee’s 12-month

probationary period started over.

Suarez did not apply for this position. In her declaration, Suarez indicated that she

did not know she needed to apply for a new position to get a different schedule. Nor did

her supervisor tell Suarez about the open position with Fridays and Saturdays off or tell

Suarez how to apply for a job with Fridays and Saturdays off. She does not explicitly