In Fouche v. New Jersey Transit, No. 11-3031, 2012 U.S. App. LEXIS 14524, (3rd Cir. July 16, 2012), a bus driver sued his employer under Title VII and the New Jersey Law Against Discrimination for refusing to accommodate his religion-based request not to drive on Sundays. Rejecting the plaintiff’s claim, the Third Circuit Court of Appeals held that the plaintiff’s requested accommodation would have caused the employer an undue hardship, insofar as it would have required the employer to shift some of the Sunday driving to other drivers, and it would have resulted in a breach of the seniority provision of the union’s collective bargaining agreement.
Note: This article was published in the August 2012 issue of the New Jersey eAuthority.