November 14, 2018 / 12:45 AM / 4 months ago

Hospital's denial of nurse's religion-based request was not retaliation - 8th Circ.

A divided U.S. appeals court on Tuesday rejected the Equal Employment Opportunity Commission’s claim that an employer’s refusal to hire a job applicant who requests a religious accommodation is necessarily a form of unlawful retaliation.

The 8th U.S. Circuit Court of Appeals in a 2-1 ruling affirmed the dismissal of an EEOC lawsuit claiming North Memorial Health Care, a Minnesota hospital, unlawfully refused to hire a nurse after she asked not to work on Fridays because she is a Seventh Day Adventist. Adventists are a Christian sect that observe the Sabbath from Friday sundown to Saturday sundown.

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