In Bolden-Hardge v. Office of the California State Controller, (ED CA, Aug. 29, 2025), a California federal district court, in a case on remand from the 9th Circuit (see prior posting), granted summary judgment to plaintiff on her Title VII failure to accommodate claim. Plaintiff, a Jehovah's Witness, insisted on attaching an Addendum to the oath she was required to take as an employee of the State Controller's Office. She contended that the required Oath violated her religious beliefs in four ways, one of which was the Oath’s language that she "will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California." She contended that this conflicted with her religious belief that "her allegiance is first and foremost to God."
The court said in part:
The Court finds that there is no genuine dispute that Plaintiff’s religious beliefs conflict with the “true faith and allegiance” provision. Plaintiff’s expert Dr. Schmalz opined that “the requirement to ‘bear true faith and allegiance’ presents a conflict with a typical Jehovah’s Witness’ most basic loyalty to Jehovah God — a fundamental precept guiding Watchtower belief and practice.”
Plaintiff's proposed Addendum read:
I, [Plaintiff], vow to uphold the Constitutions of the United States and that of the State of California while working in my role as an employee of the [SCO]. I will be honest and fair in my dealings and neither dishonor the Office by word nor deed. By signing this oath, I understand that I shall not be required to bear arms, engage in violence, nor participate in political or military affairs. Additionally, I understand that I am not giving up my right to freely exercise my religion, nor am I denouncing my religion by accepting this position.
The court concluded:
... [T]he undisputed evidence shows that Defendants would not have experienced an undue hardship if Plaintiff had been allowed to attach the Proposed Addendum and sign the Oath, as she requested.
The court dismissed several of plaintiff's other claims.