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BALINT v. CARSON CITY, NEV.

No. 96-17342.

180 F.3d 1047 (1999)

Lisette BALINT, Plaintiff-Appellant, v. CARSON CITY, NEVADA, a consolidated municipality; Rod Banister, in his official capacity only as Carson City Sheriff; Kay Bennett; Tom Tatro; Janice Ayres; Greg Smith, in their official capacities only as Board of Supervisors, Carson City, NV, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1999.

Attorney(s) appearing for the Case

John N. Schroeder, Reno, Nevada, for the plaintiff-appellant.

Mark Forsberg, Deputy District Attorney, Carson City, Nevada, for the defendants-appellees.

Fred M. Blum, Jaffe, Martini & Blum, San Francisco, California, and Marc D. Stern, American Jewish Congress, New York, New York, for amici curiae American Jewish Congress and Seventh Day Adventist Church.

Stephen C. Balkenbush, Thorndal, Armstrong, Delk, Balkenbush & Eisinger, Reno, Nevada, for amici curiae Nevada Association of Counties and Nevada League of Cities.

Before: HUG, Chief Judge, BROWNING, REINHARDT, BRUNETTI, KOZINSKI, THOMPSON, FERNANDEZ, T.G. NELSON, KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.

Opinion by Judge T.G. NELSON; Dissent by Judge KLEINFELD.

T.G. NELSON, Circuit Judge:

This appeal presents the question of whether the existence of a bona fide seniority system obviates the duty to reasonably accommodate the religious needs of an employee pursuant to Title VII. We hold that the mere existence of a seniority system does not relieve an employer of the duty to attempt reasonable accommodation of its employees' religious practices, if such an...

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