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National Litigation Hotline
Third Circuit Finds Employer's Saturday Work Policy Not Biased Against Orthodox Jew
The Third Circuit has held that a Quest Diagnostics Inc. (Quest) policy requiring employees to work two Saturdays a month did not discriminate against an Orthodox-observant Jew who was not hired because he could not work on the Sabbath. Aron v. Quest Diag-nostics Inc., 2006 WL 859034 (April 3).
Stuart Aron, an Orthodox Jew, was not hired by Quest, a clinical testing company, for the position of phlebotomist because he could not conform to its policy requiring all employees to work two Saturdays per month. Aron sued Quest in the U.S. District Court for the District of New Jersey claiming that the company violated Title VII of the 1964 Civil Rights Act when it did not hire him. The District Court, liberally construing Aron's complaint as claiming religious discrimination based on disparate treatment, disparate impact, and failure to accommodate Aron's religious beliefs, granted summary judgment for Quest.
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