The district court order in Fouche, reported at 2011 WL 2792450, seems
unremarkable; the CBA was straightforward; a more senior driver
returned to work, exercised his seniority rights not to work on
Sunday, bumping Fouche into a Sunday assignment, and Fouche responded
by not coming to work
An unpublished opinion of the Third Circuit in Fouche v.NJ Transit (11-3031)
portends excluding large classes of jobs from the protection of Title VII.A
full time driver sought to be accommodated in not driving on Sunday. The
employer claimed its labor contract precluded accommodation; whethe
