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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But the Porter court’s decision did not hinge on the supervisor’s suggestion that

the plaintiff switch jobs; indeed, it recognized that its prior decision had held that a

reasonable accommodation could come from a CBA that gave an employee the option to

2
Indeed, if during Ms. Suarez’s employment, the School had sent out several e-
mails to employees (and Ms. Suarez) making them aware of job postings and asking for
applications, Ms. Suarez’s confusion appears wholly unreasonable.

4
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 38381-4-III
Suarez v. State—dissenting

transfer assignments, even absent any direct communication with the employee. Id.

(citing Rodriguez v. City of Chicago, 156 F.3d 771 (7th Cir. 1998)).

The Supreme Court has similarly opined that a union seniority system for

preferred shifts and scheduling changes “represented a significant accommodation to the

needs, both religious and secular, of all [ ] employees.” Trans World Airlines, 432 U.S.

at 78. Wright v. Runyon, 2 F.3d 214 (7th Cir. 1993), cited by the majority, goes further to

confirm that such a system is a reasonable accommodation.

In Wright, the plaintiff’s position was eliminated and he was invited, along with

all other employees whose position was similarly eliminated, to bid for certain open jobs.

Id. at 215-16. While the offered jobs did not accommodate the plaintiff’s religious

practices, as the eliminated position had, there were also four jobs open to bids by all

employees that would have accommodated the employee’s practices, and, based on

seniority, he would have received at least two of those jobs. Id. at 216. The Seventh

Circuit considered the bidding system itself the reasonable accommodation that would