If you became observant – or started observing more strictly – that shouldn’t change the rules. If you have been working for the employer for a year and working on Saturday – and nothing has changed – and now you announce that observe the Saturday Sabbath – they might question your observance. But if you can show that you have an honestly held/observed religious practice, you should be okay.

In general, if you can demonstrate that you do observe Sunday as the Sabbath and do not work on that day – you should be entitled to that accommodation – unless it would create “undue hardship” for the employer. Since there is a union, you will really need to get the union to fight this matter for you. If they do not, you may be able to to bring a complaint with the Human rights Tribunal.

I am of Christian Faith, specifically Anglican, where I observe Sunday as the Sabbath. My employer has since revoked my Sunday accommodation with little explanation. Is there anything I can do? I have filed a grievance through my Union but it has been a year now with no reply. I have been scheduled Sundays in the meantime.

Hi there. Thank you for your comment. Certainly people have different points of view about these matters. However, Human Rights legislation across Canada prohibits discrimination on the basis of religion to the point of undue hardship. This does not mean that a small employer, that must have employees available on Saturdays is forced to hire employees who cannot work those days. However, it does mean that if there is a reasonable way that employers can accommodate people of different religious faiths, they are required to do so. Most employers can accommodate the fact that certain employees will not be able to work on certain religious holy days. In fact, even in this case – the employer stated that it could have and does accommodate some Sabbath observers. So it would not have been “undue hardship” for this employer to have hired another Sabbath observer. However, instead, the employer simply chose to screen the person out – rather than accommodating someone who may have otherwise been qualified. You may not like the fact that Human Rights legislation requires this accommodation but that is the law in Canada and it has been followed by the Supreme Court of Canada since the Charter in 1982. My comment here is directed at the sanction for violating the law. There would be no issue – whether at a Human Rights Tribunal anywhere in Canada – or even at the Supreme Court, that this employer’s conduct violated the law. The issue is what type of sanction that ought to attract. The “message” is that employers can carry on business on whatever days they wish – and they can hire whomever they wish. However, if a person cannot work on a certain day – for religious reasons – and there are reasonable options available for accommodating that person – the employer is required to do so if the person is otherwise qualified for the job. The purpose of that protection is to prohibit discrimination against minority religious groups. This is something that has been enshrined in our Charter since 1982 and human rights legislation from even before that date.