Pennsylvania State University v. Commonwealth

Dissenting Opinion by

Judge Colins :

I must respectfully dissent from the scholarly, well-written opinion of the majority.

In my opinion, the case of Trans World Airlines v. Hardison, 432 U.S. 63 (1977), relied upon by the majority to state that it would be an “undue hardship” for petitioner to accommodate complainant, is *399improperly applied here. First, Hardison involved a case where 'seniority provisions of a collective bargaining agreement had to be set aside to accommodate an employee’s religious beliefs, and it is must frequently cited as a case upholding the validity of seniority provisions…