Re: FW: Fouche V. NJ Transit

2012-07-28 Thread b...@jmcenter.org
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

Re: FW: Fouche V. NJ Transit

2012-07-28 Thread Michael Masinter
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