Judge Dora Irizarry
As an Orthodox Jew, Marmulszteyn must abstain from work on the Sabbath—the 25 hours from sunset on Friday to one hour after sunset on Saturday. Hired in 2006 by U.S. Customs and Border Protection (CBP) as a Customs and Border Protection Officer (CBPO) at John F. Kennedy International Airport, Marmulszteyn was subject to the general requirement that CBPOs work a standard rotational shift, entailing that he work most Saturdays. After a June 2007 Equal Employment Opportunity complaint he rejected an Accommodation Tour assigning him a Friday morning shift and a Saturday shift to 10 p.m. on Saturday night until 6 on Sunday morning. District court granted defendant summary judgment in Marmulszteyn’s suit alleging religion-based employment bias, violating Title VII of the Civil Rights Act, because CBP did not provide him a reasonable religious accommodation. Never terminated, demoted, nor disciplined for failing to work on Saturday Marmulszteyn did not establish an adverse employment action. Further, his Title VII claim failed because CBP offered him the requested religious accommodation; a schedule allowing for a permanent exemption from work on the Sabbath.