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Constitutional Law Keyed to Choper
Estate of Thornton v. Caldor, Inc.
Citation:
472 U.S. 703 (1985)Facts
Donald Thornton began working for Caldor, Inc. in 1975 as a manager in the men’s and boys’ clothing department in Waterbury, Connecticut. At that time, Connecticut law required stores to be closed on Sundays. When the state revised its Sunday closing laws in 1977, Caldor opened its stores on Sundays and required managerial employees to work every third or fourth Sunday. Thornton, a Presbyterian who observed Sunday as his Sabbath, initially complied with this requirement and worked 31 Sundays in 1977 and 1978. In November 1979, Thornton informed Caldor that he would no longer work on Sundays because he observed that day as his Sabbath, invoking protection under Connecticut General Statute § 53-303e(b). Thornton rejected Caldor’s offers to transfer him to a Massachusetts store that was closed on Sundays or to a lower-paying non-supervisory position in the Torrington store. In March 1980, Caldor transferred Thornton to a clerical position, whereupon he resigned and filed a grievance alleging unlawful discharge.
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