5th Circuit: Factual Issues Require Trial In Bus Driver's Religious Accommodation Claim

In Antoine v. First Student Inc., (5th Cir., April 10, 2013), the U,S, 5th Circuit Court of Appeals held that disputed issues of fact require that a Title VII religious accommodation claim brought by a Seventh Day Adventist be remanded for trial to the Louisiana federal district court.  At issue is the attempt by plaintiff, a school bus driver, to adjust his work shift to avoid working after sunset on Friday afternoons when his Sabbath began. The court held that factual issues remain as to whether the bus company, First Student, Inc., reasonably accommodated driver Robert Antoine's religious needs:

First Student asserts that it was solely Antoine’s responsibility to find a replacement driver, while Antoine asserts that First Student offered to find a substitute driver and then failed to follow through on this offer. As to the second issue, First Student contends that the CBA [collective bargaining agreement] generally prohibits voluntary shift swaps, but that it intended to circumvent this general prohibition if Antoine first found someone to take his shift. On the other hand, Antoine asserts that First Student never pursued a preliminary agreement from the union to consider any alterations to the CBA in order to accommodate him. 

Adventist News Network reports on the decision.