Re: FW: Fouche V. NJ Transit

2012-07-28 Thread Michael Masinter
gious accommodation would have to disclose >> that fact >> up front. In practical terms, no employer with any choice at all will hire >> such a person. Proving that sort of employment discrimination is almost >> always impossible in individual cases >> Marc Ster

Re: FW: Fouche V. NJ Transit

2012-07-28 Thread b...@jmcenter.org
unlike for example, the handicapped, all job > >> applicants requiring religious accommodation would have to disclose > >> that fact > >> up front. In practical terms, no employer with any choice at all will hire > >> such a person. Proving that sort of emp

Re: FW: Fouche V. NJ Transit

2012-07-27 Thread Michael Masinter
ter Sent: Friday, July 20, 2012 11:56 To: religionlaw@lists.ucla.edu Subject: Re: Fouche V. NJ Transit 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,

Re: FW: Fouche V. NJ Transit

2012-07-27 Thread b...@jmcenter.org
> > -Original Message----- > > From: religionlaw-boun...@lists.ucla.edu > > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Michael > > Masinter > > Sent: Friday, July 20, 2012 11:56 > > To: religionlaw@lists.ucla.edu > > Subject: Re: Fouche V. NJ

Re: FW: Fouche V. NJ Transit

2012-07-27 Thread b...@jmcenter.org
Michael Masinter > Sent: Friday, July 20, 2012 11:56 > To: religionlaw@lists.ucla.edu > Subject: Re: Fouche V. NJ Transit > > The district court order in Fouche, reported at 2011 WL 2792450, seems > unremarkable; the CBA was straightforward; a more senior driver returned to >

Re: FW: Fouche V. NJ Transit

2012-07-26 Thread Douglas Laycock
The Court rejected the argument that the employee has a duty to disclose his religion, and then not to change it, in Hobbie v. Unemployment Appeals Comm'n (1986 or 87). That was a constitutional case, not a Title VII case. On Thu, 26 Jul 2012 16:31:01 -0400 Michael Masinter wrote: >Marc, > >I

Re: FW: Fouche V. NJ Transit

2012-07-26 Thread Michael Masinter
individual cases Marc Stern. -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Michael Masinter Sent: Friday, July 20, 2012 11:56 To: religionlaw@lists.ucla.edu Subject: Re: Fouche V. NJ Transit The district court order

FW: Fouche V. NJ Transit

2012-07-26 Thread Marc Stern
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Michael Masinter Sent: Friday, July 20, 2012 11:56 To: religionlaw@lists.ucla.edu Subject: Re: Fouche V. NJ Transit The district court order in Fouche, reported at 2011 WL 2792450, seems unremarkable; the CBA was straightforward; a more senior

Re: Fouche V. NJ Transit

2012-07-20 Thread Michael Masinter
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

Fouche V. NJ Transit

2012-07-20 Thread Marc Stern
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