Balint

Balint v. Carson City

Good Law
144 F.3d 1225·98 Daily Journal DAR 5451·73 Empl. Prac. Dec. (CCH) 45,441·76 Fair Empl. Prac. Cas. (BNA) 1846·1998 U.S. App. LEXIS 10452
United States Court of Appeals for the Ninth CircuitMay 26, 1998No. 96-17342California1,796 words

Opinion

Lead Opinion

Wilson, J.

Lisette Balint (“Balint”) appeals from the District Court’s grant of summary judgment in favor of the Defendants. The District Court held that Title VII did not require the Department to modify its seniority-based shift bidding system to accommodate Balint’s religious needs. For the reasons stated below, we affirm the judgment of the District Court.

I. FACTS

Balint is a member of the Worldwide Church of God (“the Church”). A central tenet of the Church is the strict observance of the Sabbath from sundown Friday to sun *1227 down Saturday. The Church proscribes all forms of secular work during the Sabbath observance.

In February 1995, Balint was offered a position in the detention section of the Carson City Sheriffs Department (“the Department”). Balint had originally applied for a position with the Department in 1993. In her original application, in the section entitled “cheek type(s) of work you will accept,” Balint checked every box, indicating that she was willing to work swing-shift, graveyard, weekends and holidays. Her application does not mention any religious or other objections to certain shifts.

In mid-March, Balint completed the requisite physical, psychological and…

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