AND · 42usc2000e-2:x-failure-to-accommodate
(formerly `variant religious-accommodation`) Bona fide religious belief conflicting with an employment requirement, notice to employer, and discharge/penalty without reasonable accommodation Religious accommodation claim combining § 2000e-2(a)(1) with the definition of "religion" in § 2000e(j); once the prima facie case is shown, the employer may show it offered a reasonable accommodation (such as voluntary shift swaps) or that accommodation would impose an undue hardship.
Exact element source
religionSource:
docroot/ir/usc/title42.jsonl#title42_sec2000e-2; Unicode character offsets [362:370] (end exclusive); SHA-256 7b026a9ac957c5491602d868578271db8730b4c98650f1a4007b2e7430194c8b.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| _whole accepted; provisional (1 case) | The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element. | 1 Satisfied 0; not satisfied 1; excluded context 0 | 1 | Breech v. Alabama Power Co. — 962 F. Supp. 1447 (1997) · United States District Court for the Southern District of Alabama · 1997 — not · no-evidence (42usc2000e-2: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Breech v. Alabama Power Co. — 962 F. Supp. 1447 (1997) · United States District Court for the Southern District of Alabama · 1997 — not · no-evidence (42usc2000e-2: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) | Failure to reasonably accommodate religious observance or practice (§§ 2000e-2(a)(1), 2000e(j)) | not Counted merits instance applied / merits basis: no-evidence; claim: (a)(1),(c)(3),(m); 2000e(j); 2000e-3(a); party: APC; theory: failure to accommodate under 2000e(j); subject: party=APC; theory=failure to accommodate under 2000e(j) The court skips the accommodation prima facie case and decides on the employer's burden: once any reasonable accommodation is offered the inquiry ends (Philbrook); undue hardship not reached; employee has a duty to cooperate with offered means. | reasonable-accommodation-offered/shift-swaps-vacation-days-and-declined-lower-paid-transfer | Breech met with Shelby Walker on November 26, 1990, at which time Breech informed Walker that he was no longer going to work between sundown Friday and sundown Saturday in observance of his religious beliefs.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [7612:7820] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.As a result of the December 7th meeting, APC accommodated Breech by allowing him to make shift swaps which would result in the doubling of shifts.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [8379:8525] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.None of the Plant Control Operators who were scheduled with Fridays and Saturdays as their off days were willing to swap schedules with Breech.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [6648:6791] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.Finally, APC offered Breech a reasonable accommodation — which Breech declined because he did not want to take a pay cut — when it repeatedly offered to allow him to take a different position, such as Helper or Assistant Control Operator.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [37897:38135] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.To establish a prima facie ease of failure to accommodate, Breech must prove: (1) that he had a bona fide belief that compliance with an employment requirement would be contrary to his religious belief or practice, (2) that he informed his employer about the conflict, and (3) that he was discharged or penalized for failing to comply with the conflicting employment requirement.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [35041:35420] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.Employer authorizations of such voluntary shift swaps constitute reasonable accommodations under Title VII.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [37277:37384] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.In this case, APC has demonstrated as a matter of law that it reasonably accommodated Breech’s religious beliefs.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [37034:37147] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf. |
Court interpretations
interpretation
To establish a prima facie ease of failure to accommodate, Breech must prove: (1) that he had a bona fide belief that compliance with an employment requirement would be contrary to his religious belief or practice, (2) that he informed his employer about the conflict, and (3) that he was discharged or penalized for failing to comply with the conflicting employment requirement.
Breech v. Alabama Power Co. — 962 F. Supp. 1447 (1997) · United States District Court for the Southern District of Alabama · 1997 (42usc2000e-2: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)
To establish a prima facie ease of failure to accommodate, Breech must prove: (1) that he had a bona fide belief that compliance with an employment requirement would be contrary to his religious belief or practice, (2) that he informed his employer about the conflict, and (3) that he was discharged or penalized for failing to comply with the conflicting employment requirement.Source:
docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [35041:35420] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.(formerly `variant religious-accommodation`) Bona fide religious belief conflicting with an employment requirement, notice to employer, and discharge/penalty without reasonable accommodation Religious accommodation claim combining § 2000e-2(a)(1) with the definition of "religion" in § 2000e(j); once the prima facie case is shown, the employer may show it offered a reasonable accommodation (such as voluntary shift swaps) or that accommodation would impose an undue hardship.
interpretation
Employer authorizations of such voluntary shift swaps constitute reasonable accommodations under Title VII.
Breech v. Alabama Power Co. — 962 F. Supp. 1447 (1997) · United States District Court for the Southern District of Alabama · 1997 (42usc2000e-2: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)
Employer authorizations of such voluntary shift swaps constitute reasonable accommodations under Title VII.Source:
docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [37277:37384] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.(formerly `variant religious-accommodation`) Bona fide religious belief conflicting with an employment requirement, notice to employer, and discharge/penalty without reasonable accommodation Religious accommodation claim combining § 2000e-2(a)(1) with the definition of "religion" in § 2000e(j); once the prima facie case is shown, the employer may show it offered a reasonable accommodation (such as voluntary shift swaps) or that accommodation would impose an undue hardship.