Balint v. Carson City

144 F.3d 1225, 73 Empl. Prac. Dec. (CCH) 45,441, 98 Cal. Daily Op. Serv. 3940, 98 Daily Journal DAR 5451, 1998 U.S. App. LEXIS 10452, 76 Fair Empl. Prac. Cas. (BNA) 1846
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 26, 1998
DocketNo. 96-17342
StatusPublished
Cited by2 cases

This text of 144 F.3d 1225 (Balint v. Carson City) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balint v. Carson City, 144 F.3d 1225, 73 Empl. Prac. Dec. (CCH) 45,441, 98 Cal. Daily Op. Serv. 3940, 98 Daily Journal DAR 5451, 1998 U.S. App. LEXIS 10452, 76 Fair Empl. Prac. Cas. (BNA) 1846 (9th Cir. 1998).

Opinion

WILSON, District Judge:

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]*1227down 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 drug testing and was told to report to work for a swing shift on Friday, March 31, 1995. At that time, she informed the Department that she could not work during her Sabbath and requested that her schedule be adjusted to accommodate her religious practice, On March 22, 1995, Lieutenant Dimit, the head of the detention department, informed her that there could be no accommodation. Balint then withdrew her application with the Department.

Carson City deputy sheriffs are scheduled by a bid system. Every six months, the twelve or thirteen deputies assigned to the jail bid for shifts in order of seniority. A deputy cannot bid for the same shift he or she is currently working. There is only one deputy with both Saturday and Sunday off. This system is a longstanding practice of the Department, although not the subject of any written agreement. Similarly, although deputies are permitted to trade shifts on an ad hoe basis, there is an unwritten rule prohibiting deputies from trading shifts on a regular basis.

Balint filed an action against Carson City, Ron Banister, the Carson City Sheriff, and four members of the Carson City Board of Supervisors alleging that Carson City had engaged in religious discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(e)(l) and the Nevada state anti-discrimination statute. She also alleged that the defendants were negligent in supervising Lt. Dimit by allowing him to violate the anti-discrimination statutes. After permitting limited discovery solely on the question of “whether the Carson City Sheriffs department has a neutral shift-bidding system in effect,” the district court granted Defendants’ motion for summary judgment. The court first held that Balint had established a prima facie case of discrimination. It went on to hold that in light of the Department’s bona fide shift bidding system, any accommodation of Balint’s religious practices would constitute an undue hardship as a matter of law.

II. STANDARD OF REVIEW

We review grants of summary judgment de novo. Covey v. Hollydale Mobilehome Estates, 116 F.3d 830, 834 (9th Cir.1997). The appellate court must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id.

III. ANALYSIS

Title VII prohibits employers from discriminating on the basis of religion. Heller v. EBB Auto Co., 8 F.3d 1433, 1437 (9th Cir.1993). Religion is defined broadly to include “all aspects of religious observance and practice.” 42 U.S.C. § 2000e-2(a)(1). An employer has a duty to accommodate a current or prospective employee’s religious practices unless the accommodation would cause “undue hardship on the conduct of the employer’s business.” 42 U.S.C. § 2000e(j). It is an unlawful employment practice “for an employer not to make reasonable accommodations, short of undue hardship, for the religious practices of his employees and prospective employees.” Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 74, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977). It is not, however, an unlawful employment practice for an employer to apply “different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system ... provided that such differences are not the result of any intention to discriminate because of race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(h).

[1228]*1228Title VII religious discrimination claims are analyzed according to a two-part test. First, the employee has the burden of establishing' a prima facie case of discrimination. Heller, 8 F.3d at 1438. The prima facie case has three elements: (1) the employee had a bona fide religious belief, the practice of which conflicted with a duty of her employment; (2) she informed her employer of the belief and the conflict; (3) the employee was threatened with or subjected to discriminatory treatment because of her inability to fulfill her job responsibilities. Id. For purposes of this appeal, Defendants concede that Balint was denied employment because of her refusal to work on her Sabbath. We can therefore assume that she has established a prima facie case of discrimination.

If the employee establishes a prima facie ease, the burden shifts to the employer to establish that it either initiated good faith efforts to accommodate the employee or that any accommodation would create undue hardship on the employer. EEOC v. Townley Eng’g & Mfg. Co., 859 F.2d 610, 615 (9th Cir.1988). If any attempt at accommodation would be futile, then there is no need to show a good faith effort to accommodate the employee. Id. Defendants also concede, for purposes of this appeal, that they took no steps to accommodate Balint’s religious practices.

Defendants argue that, under Hardison, when there is a legitimate seniority system, enacted without discriminatory intent, any attempt to accommodate Balint would, as a matter of law, cause undue hardship. We agree. Like Balint, Hardison was a member of the Worldwide Church of God. 432 U.S. at 65-68, 97 S.Ct. 2264. His position as a stores clerk at TWA’s Kansas City base required 24-hour coverage. Id. Shifts were assigned by a seniority system, and Hardison did not have sufficient seniority to bid for a shift that permitted him to avoid working on Saturdays. Id. Hardison was fired for insubordination after he refused to report for work on Saturdays. Id. at 69, 97 S.Ct. 2264.

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144 F.3d 1225, 73 Empl. Prac. Dec. (CCH) 45,441, 98 Cal. Daily Op. Serv. 3940, 98 Daily Journal DAR 5451, 1998 U.S. App. LEXIS 10452, 76 Fair Empl. Prac. Cas. (BNA) 1846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balint-v-carson-city-ca9-1998.