In a case of first impression, a federal appeals court just
found that an applicant's request for a religious accommodation
did not constitute protected activity under Title VII for the
purpose of establishing a retaliation claim. Under the 8th
Circuit's November 13 ruling, the appropriate avenue to
challenge an employer's denial of a religious accommodation
request under Title VII is by filing a disparate treatment claim,
not through a retaliation cause of action. What can employers take
from the EEOC v. North Memorial Health
Care decision?
Rejected Religious Accommodation Request Leads To
Litigation
Plaintiff Emily Sure-Ondara, a Seventh Day Adventist and RN,
applied for a position in the "Advanced Beginner"
residency program at North Memorial Health Care, a hospital in
Minnesota. During the interview process, Sure-Ondara learned that
the position would require her to work eight-hour shifts every
other weekend, a schedule established by the
