Smith v. Pyro Mining Co.

Smith v. Pyro Mining Co.

Opinion

 [*1082]  JONES, Circuit Judge

The defendant in this employment discrimination case appeals from a judgment  [*1083]  awarding damages to the plaintiff for discrimination on the basis of religion in violation of Title VII, 42 U.S.C. § 2000e -- 2(a)(1)(1982). Because we find no error in the district court's disposition of this case, we affirm.

The plaintiff, Danny R. Smith, was hired by Pyro Mining Company on June 19, 1981, as a mechanic in an underground coal mine. Pyro employs over 1,000 persons who work underground and another 150 surface employees. During the time of his employment at Pyro, Smith was a member of the Independent General Baptist Church located in Cedar Hill, Kentucky. Smith also held [**2]  the church offices of Treasurer and Trustee at the time. He subsequently became a Sunday School teacher. The official doctrine of the church precluded all officers and teachers in the church from working on Sundays, although individuals could work on Sunday and remain church members. Based on the teachings of his church, Smith believed that it was morally wrong to work on Sundays in the absence of a life threatening situation.

During his initial employment interview, Smith informed Varney Coleman, Mine Superintendent for Pyro, that he had religious convictions against working on Sundays. Despite his convictions, Smith worked for a time on Pyro's third shift, which required him to report for work at 11:00 p.m. on Sundays. Aside from these occasions, Smith was not required to work on Sundays during the first year of his employment.

On July 11, 1982, Pyro altered its work schedule and implemented an eight-day work week for employees stationed at the mine where Smith worked. The eight-day work week was instituted to improve mining efficiency. Under the new schedule, employees were assigned to work four consecutive ten-hour days and then have four consecutive days off. Each employee [**3]  was required to work approximately twenty-six Sundays per year.

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