Kut v. Albers Super Markets, Inc.

By the Court.

The controlling facts in the case are not in dispute.

The plaintiff formerly was employed as an order clerk and as a checker by the defendant, the Albers Super Markets, Inc. That employment was terminated by the refusal of the plaintiff to continue to perform the work assigned to him. Several days later he was referred to two companies, each of which was willing to employ him as a shipping clerk. However, each company refused to accept him for the reason that he refused to work on Saturday which is the day the plaintiff says he observes as his Sabbath.

Hence, the question presented…