Sixth Circuit: Not Religious Discrimination to Require Religious Objector to Union Dues to Pay Full Dues to Charity Instead of Merely Agency Fee.

Today, a divided panel of the Sixth Circuit Court of Appeals affirmed the dismissal of a religious discrimination claim brought by a former union member against the UAW. Reed v. UAW, No. 07-2505 (6th Cir. 5/7/09). According to the Court’s opinion, the plaintiff “claims that UAW, in violation of Title VII of the Civil Rights Act of 1964, failed to provide a reasonable accommodation for his religious objection to financially supporting the union.” The Court affirmed dismissal of this claims on the grounds that the plaintiff could not show an actionable employment action merely from the fact that religious objectors were required to make a charitable donation in any amount of the full union membership dues instead of the lesser amount of the agency fee charged to non-union members (which was 22% less than regular union member dues).

According to the Court’s opinion, the UAW constitution, “grants both members and non-member agency fee payers ‘the right to object to the expenditure of a portion of his/her dues money for activities or causes primarily political in nature’ and to receive a rebate for that portion. UAW and AM General also are parties to a letter agreement that allows any employee with a bona fide religious objection to joining or supporting a labor union to satisfy his union security obligation by making a payment equal to full membership dues to one of three charities mutually designated by UAW and AM General.” After the plaintiff resigned his union members based on religious objections (which was supported by a letter from his pastor), the union began deducting the agency fee from his pay (which was less than the amount of full union dues he had been paying). When the plaintiff objected to paying even the agency fee, the union responded that it would refund the agency fees deducted from this paycheck if he paid an amount equal to the amount of full union dues to an approved charity. The plaintiff did so and then filed a Charge and lawsuit objecting to being required to pay to the charity an amount equal to full union dues instead of just the lesser amount of the agency fee charged to non-members. The plaintiff claimed that being required to pay the charity an amount equal to the regular union dues instead of the lesser agency fee amount was not a reasonable accommodation of his religion.

The majority agreed with affirming the dismissal of the claim, but for different reasons. In the lead opinion, the judge found that there was not a material adverse employment action in that the plaintiff was not disciplined or discharged. The judge did not believe that the plaintiff could prove a prima facie case by complaining about a minor difference in pay deductions (i.e., the 22% difference between the agency fee charge non-members and the amount of union dues charged to full members and to religious objectors). The concurring opinion, on the other hand, found that the union’s action was a sufficient accommodation of the plaintiff’s religious beliefs.

Insomniacs can read the full opinion at http://www.ca6.uscourts.gov/opinions.pdf/09a0166p-06.pdf.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.