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 <masin...@nova.edu> wrote:
>Marc,
>
>I previously characterized the panel discussion of Fouche's good faith as
>improper; I did so because I agree that an employee has no obligation to
>disclose his religious beliefs (or his disability) when applying for a job.
>But I am not convinced the court erred on the merits for two reasons. First,
>I doubt Fouche's religious observances and practices precluded him from giving
>his employer the required four hour advance notice, or failing that, notice
>within four hours after his shift ends, that he would be absent from work.
>Such notice accompanied by an explanation of his reason (religious observance)
>would have triggered a duty to accommodate that the employer could have
>discharged by offering to permit a voluntary shift swap. Second, Fouche did
>not seek permission for a voluntary shift swap; he sought a blanket exemption
>from sabbath work, and Hardison puts that beyond his reach.
>
>Perhaps the district court misstated the facts, but on the facts as it
>presented them, its ruling still seems sound.
>
>But you are right respecting the discussion of good faith; the court should
>never have suggested that sabbatarian observers are obliged to refrain from
>applying for employment that might conflict with their observances.
>
>Mike
>
>
>Michael R. Masinter 3305 College Avenue
>Professor of Law Fort Lauderdale, FL 33314
>Nova Southeastern University 954.262.6151 (voice)
>masin...@nova.edu 954.262.3835 (fax)
>
>
>
Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903
434-243-8546
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