TABURA v. KELLOGG USA

No. 16-4135.

880 F.3d 544 (2018)

Richard TABURA; Guadalupe Diaz, Plaintiffs-Appellants, v. KELLOGG USA, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED January 17, 2018.


Attorney(s) appearing for the Case

Gene C. Schaerr, Schaerr Duncan LLP, Washington, D. C. (Stuart Kyle Duncan and Michael T. Worley, Schaerr Duncan LLP, Washington, D. C.; Alan Jay Reinach, Church State Council, Westlake Village, California; Erik Strindberg and Matt Harrison, Strindberg & Scholnick LLP, Salt Lake City, Utah; and Todd R. McFarland, General Conference of Seventh Day Adventists, Silver Spring, Maryland, with him on the briefs), for Plaintiffs-Appellants.

Timothy P. Monsma, Varnum LLP, Grand Rapids, Michigan (Lawrence J. Murphy, Varnum LLP, Grand Rapids, Michigan; Matthew M. Durham and Lauren A. Shurman, Stoel Rives LLP, Salt Lake City, Utah, with him on the briefs), for Defendant-Appellee.

Gail S. Coleman (P. David Lopez, Jennifer S. Goldstein, and Margo Pave, with her on the brief), Equal Employment Opportunity Commission, Washington, District of Columbia, for Amicus Curiae.

Before KELLY, EBEL, and BACHARACH, Circuit Judges.


Plaintiffs Richard Tabura and Guadalupe Diaz ("Plaintiffs") are Seventh Day Adventists who honor the Sabbath by refraining from work each week from Friday at sundown through sundown Saturday. That religious practice conflicted with their job schedules at a food production plant operated by Defendant Kellogg USA, Inc. ("Kellogg...

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