Since you are a manager and not an attorney, it is not
clear what the content of your memo is expected to be. It would not be a very good idea
for you to advise the CEO as to the status of the law on this issue or the viability of
the suit filed.
What you should probably do is explain to
the CEO the reasons for the shift change and the religious demographics, to the degree
you are aware of them, of the work force. Has anyone asked for a religious
accommodation in the past? Have people switched schedules voluntarily in the past to
take care of religious obligations? Was everyone given adequate notice of the change?
This is information that the CEO and the attorney will need to prepare for litigation.
Any records that you have on these issues should be attached to your memo, including
emails and other internal documents.
If there is a
legitimate business reason for the schedule changes, and accommodating people's
religious obligations and beliefs would cause undue hardship for the company, the
company is likely to prevail in the lawsuit.
Write your
memo in an organized fashion, with each paragraph maintaining a focus on the topic of
that paragraph. First describe the situation as you understand it. Then provide
information on the reason for the shift change and what was done to prepare people for
that change. Next, provide information on the status of religious accommodation in the
past. Finally, make a list of the documents attached. This will give you a
business-like memo that will help the company defend or settle the
claim.
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