United States Sixth Circuit

In an action brought by an employee under Title VII and state law against the Postmaster General after the USPS ended an approximately ten year-long practice of allowing him to avoid Saturday work assignments so that he could observe his Sabbath, summary judgment for defendant is affirmed as: 1) plaintiff has not been disciplined or discharged, for purposes of a prima facie case for religious accommodation; and 2) plaintiff could not make out a prima facie case of religious discrimination, either.

Appellate Information

• Decided 10/15/2007
• Published 10/15/2007

Judges

• Before:  COLE and COOK, Circuit Judges;  MILLS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edward A. Icove, Icove Legal Group, Cleveland, Ohio, for Appellant.  Ray E. Donahue, United States Postal Service, Washington, D.C., for Appellee.   ON BRIEF:  Edward A. Icove, Icove Legal Group, Cleveland, Ohio, Kenneth J. Kowalski, Kramer & Associates, Cleveland, Ohio, for Appellant.  Ray E. Donahue, United States Postal Service, Washington, D.C., for Appellee.