Mike, I totally agree with the way you stated the issue -- it's the candidate's
ability to perform the essential requirements of the job, not their religion
that is the issue. Consequently, the employer need only ask: "Can you work
Saturdays?"
What is absent from this discussion, is the candidat
Bob,
Because an applicant may believe that he can perform the essential job
functions with reasonable accommodations (e.g., a voluntary job swap),
or in some cases that working on his sabbath is not actually
essential, I don't think his answer would be fraudulent or given in
bad faith. I