Reed v. International Union, United Automobile, Aerospace & Agricultural Implement Workers

DISSENT

The majority opinion affirms based on Reed’s failure to demonstrate either discharge or discipline as part of his prima facie case against his union — a union, it is worth noting, that does not have the power to discharge or to discipline. I do not think either Title VII or our past holdings requires such a showing. An adverse employment action should be all that is required to establish a prima facie case for a religious accommodation claim, and certainly no more than that should be required in a claim against a union. The UAW required Reed to pay more dues because of the religious…