Re: FW: Fouche V. NJ Transit

2012-07-27 Thread Michael Masinter
Why, short of religious bias, would an employer ask about an applicant's religious observances or practices? Applicants may have many reasons for preferring not to work on Saturday, or Sunday, or whatever day is in question. An employer who wishes to ascertain whether an employee can perfo

Re: FW: Fouche V. NJ Transit

2012-07-27 Thread b...@jmcenter.org
Mike, Why isn't the failure to disclose incapacity to perform essential duties of the job a form of fraud by the applicant upon the prospective employer (putting aside the fact that employers aren't allowed to ask the candidate his/her religion)? Bob Ritter On July 26, 2012 at 4:31 PM Michael M

Re: FW: Fouche V. NJ Transit

2012-07-27 Thread b...@jmcenter.org
Marc, you state: "no employer with any choice at all will hire such a person" and call it discrimination. If an applicant cannot fulfill the responsibilities of the job, the employer shouldn't hire the candidate. That's not discrimination, rather its sound judgment. I'm sorry if the idiosyncrasies

Preliminary Injunction Issued Against ACA Contraceptive Coverage Mandate

2012-07-27 Thread Friedman, Howard M.
In an interesting decision, a federal district judge today relied on RFRA to enjoin enforcement of the ACA mandate against a small manufacturing company whose officers and directors are Catholic. Details at http://religionclause.blogspot.com/2012/07/court-issues-preliminary-injunction-in.html