Job offer reasonably retracted due to candidate’s religious conflicts
By

When it comes to accommodating religious needs, employers often have to be lenient to avoid trouble.
But a recent case complicated the matter when a candidate’s request for an accommodation directly interfered with the job requirements.
Request posed hardships
Mitche Dalberiste, a Seventh Day Adventist, applied for a technician position at GLE Associates, which entailed a seven-day workweek and 12-hour shifts.
When the company learned his faith would prohibit him from working on the Sabbath – from sundown on Friday to sundown on Saturday – it revoked his job offer.
Dalberiste sued for religious discrimination, retaliation and failure to accommodate. He argued the employer could’ve altered other employees’ work schedules and duties to work around Dalberiste’s religious needs.
However, the court said that providing such accommodations would place an undue burden on both the employer and other employees.
The employer would not only incur additional costs, but it would have to restructure its scheduling procedures.
And, to compensate for Dalberiste’s schedule, the other employees would have to bear an additional workload.
This case shows there are non-discriminatory justifications for refusing religious accommodations when hardships would arise.
Cite: Dalberiste v. GLE Associates Inc., 5/19/20.
Further Reading
FMLA Intermittent Leave: 8 Questions HR Asks Most
Partial days, doctor’s notes, late arrivals. If intermittent FMLA leave keeps you guessing, these eight answers can help clear things up for HR.
Unpaid Pre-Shift Work Costs New Jersey Employer $725K
A New Jersey drywall installer must pay $725,000 after failing to pay 48 workers overtime for pre-shift work performed while they waited for transportation to job sites. The U.S. Department of Labor’s (DOL) Wage and Hour Division found P & B Partitions Inc. violated the Fair Labor Standards Act’s overtime rules. The company also refused […]
Connecticut Joins States Regulating Workplace AI: 7 Compliance Steps
Connecticut is putting employers on notice over workplace AI. Effective Oct. 1, 2026, SB 5 clarifies that Connecticut employers facing a discrimination claim can’t blame the artificial intelligence (AI) tools they use to make hiring, promotion, discipline or termination decisions. Other changes that kicked in the same day: And there’s more coming. The law’s second […]
USCIS Plans to Abolish 60-Day Grace Period for Certain Nonimmigrant Workers
On Sept. 11, the U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking that, if adopted, would eliminate the 60-day grace period currently granted to most nonimmigrant workers in H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 or TN status who abruptly lose their positions. The grace period has been in place since […]
Pa. Court Sets 3-Year Deadline for Minimum Wage Act Claims
Pennsylvania employers face a three-year window for employees to sue over unpaid minimum wages or overtime under state law, rather than the six years a trial court previously allowed. The ruling came in a case involving 20 pharmacy employees seeking overtime for work done from 2017 to 2019. The employers argued the claims were filed […]
Hidden Payroll Rounding Risk: Unpaid Pre-Shift Time Under Scrutiny
Required pre-shift tasks – and whether employees are paid for them – are at the center of a former hospital nurse’s wage dispute. Chestnut Hill Hospital required nurses to change into surgical scrubs by 7 a.m. for a morning huddle. Pamela McBride sued under the Fair Labor Standards Act, alleging the hospital didn’t pay her […]