Court Denies Summary Judgment in Lunar Sabbath Accommodation Suit
A federal judge in Pennsylvania ruled September 23, 2026, that a charter school must face a jury trial over its handling of a business manager's request to accommodate her Lunar Sabbath observance under Title VII.
Updated

Tom Whitfield
· 3 min read
A federal judge in Pennsylvania ruled on September 23, 2026, that a charter school must face a jury trial over its handling of a business manager's request for accommodation of her Lunar Sabbath religious observance.
The U.S. District Court for the Middle District of Pennsylvania denied summary judgment to York Academy Regional Charter School in Johnson v. York Academy Regional Charter School. The court found the school did not satisfy its threshold duty under Title VII to offer a reasonable accommodation.
What does the ruling change?
The decision sends the case to trial on claims of religious discrimination, retaliatory constructive discharge, and potential punitive damages. The court's reasoning signals that an employer's invitation to "continue discussions" after denying a specific accommodation proposal is not, by itself, a reasonable accommodation.
How did the dispute arise?
Monik Johnson worked as a business manager at the charter school for years before she began observing the Lunar Sabbath, which prohibits work on the day of the New Moon. That date shifts each month. Johnson asked the school's CEO for permission to work four ten-hour days during weeks when her Sabbath fell on a weekday.
What did the CEO ask for?
The CEO requested third-party verification of her sincerely held belief in the Lunar Sabbath, plus literature explaining her observance. He also asked for a written statement on whether she could designate Sabbaths a year in advance, her availability for phone consultation on those days, and her willingness to work a standard five-day week when her Sabbath fell on a weekend.
Johnson provided the information but confirmed she would be unavailable for work contact on weekday Sabbaths except for true emergencies.
How did the Board reach its decision?
Relying heavily on the CEO's feedback—and omitting information about Johnson's flexibility—the Board of Trustees denied the accommodation request on undue hardship grounds. The Board invited Johnson to keep talking. She resigned the next day and sued.
What did the court say about the accommodation process?
The court rejected the school's argument that Johnson had not experienced constructive discharge. "While bilateral cooperation is integral to resolving religious conflict, an invitation for the employee to propose an alternative is not itself an accommodation," the court wrote.
Johnson faced what the court called a "Hobson's choice" between continued employment and violating her religious beliefs. The court called that dilemma a sufficiently intolerable condition to count as an adverse employment action, even without a direct threat of termination.
Why is the verification request a problem?
The CEO's request for independent verification of Johnson's religious beliefs drew particular scrutiny. The EEOC takes the position that employers should ordinarily assume a religious accommodation request is based on a sincerely held belief, even if those beliefs are unconventional.
According to EEOC guidance, a belief may be sincere even if newly adopted, inconsistently observed, or different from commonly followed tenets. Without circumstances suggesting insincerity, the demand for third-party validation suggested animus toward an unconventional observance.
What other conduct raised concerns?
The court was also disturbed by the CEO's omission of key facts when presenting Johnson's request to the Board. Evidence showed he did not relay that Johnson was committed to a 40-hour workweek even when the New Moon fell during the workweek, that she had worked four 10-hour days during summer months without major disruption, and that she would work her standard schedule when the New Moon fell on a weekend.
The court found that omission interfered with the Board's reasoned consideration and could support punitive damages.
What should HR teams take away?
The case underscores that Title VII's religious accommodation duty requires more than a dismissive review of an employee's proposal. Employers must actively propose an accommodation aimed at eliminating the conflict between an employee's religious belief and job duties. Decision-makers should also receive complete information about an employee's flexibility, not a filtered version shaped by a potentially biased manager.
The case now proceeds to a jury, with Johnson seeking damages on grounds the school acted with reckless indifference to her religious beliefs.
Original: govinfo.gov