AJC Joins In Brief To U.S Court Of Appeals To Overturn Decision That Erodes Religious Accommodation Protections

American Jewish Committee
Wednesday, 11 November 1998

The American Jewish Committee has joined in an amicus curiae brief to the U.S. Court of Appeals for the Ninth Circuit (sitting en banc) urging a reversal of a three-judge panel ruling that frees employers from responsibilities to accommodate the religious needs of their employees when a seniority system exists in the workplace.

In Balint v. Carson City, Nevada, the incentive for employers to provide religious accommodation, even when such accommodation has no more than a minimal impact on the workplace, was severely undermined. The Ninth Circuit announced a new rule in cases governed by Title VII of the Civil Rights Act of 1964. Under that rule, an employer has no duty to accommodate an employee's religious needs, irrespective of hardship, if a "nondiscriminatory seniority-based" system exists.

Under existing law, the AJC brief notes, employers routinely explore voluntary swapping, use of vacation and leave days, unpaid leave and lateral transfers as reasonable methods of religious accommodation. Absent a duty to accommodate, employers may now feel free of any obligation to negotiate in good faith or make any effort to work out reasonable accommodation.

The new rule would serve to exempt a significant number of employers from the requirement to provide reasonable religious accommodation since most large employers have a bona fide seniority system in place. Only those employers without a seniority-based system would retain that obligation.

Commenting on this case, Jeffrey Sinensky, AJC National Legal Director, said: "Millions of Americans participate in religious practices that may require accommodation. Balint threatens all of these people with the loss of their jobs. Title VII stands for the principle that everyone should have equal access to the job market based on ability and should not be excluded because of race, gender or religion. Balint effectively negates that principle with respect to religion.

"Title VII mandates a cooperative effort between employees and management, on and individualized basis, to reach an accommodation," Mr. Sinensky added. "Balint eliminates that mandate for the majority of employers, and we urge the Ninth Circuit to overturn the ruling and reestablish the appropriate parameters of religious accommodation protection under Title VII."

For more information, or to contact American Jewish Committee, see their website at: www.ajc.org