Question

Joe Smith, a police patrolman, joins a new religious sect which renounces any real or threatened use of force against another human being for any reason. Thus, Joe refuses to employ or threaten any kind of physical force against anyone he encounters in his patrolman's job. Instead, he tries to reason with lawbreakers and to instruct them about God's will. For this reason, the city police force reassigns Joe from his patrolman's job to an office job. Joe sues for religious discrimination under Title VII. Can the department successfully argue that it isn't discriminating against Joe's religion, just the way he does his job? If not, what else can the department argue? How successful is this argument likely to be?

Answer

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