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To help its theory of undue hardship, defendant school district emphasized at trial its contention that using a substitute Instructor in almost any circumstance will cause an undue hardship on The scholars and The college system. The narrow authorized difficulty in advance of this court docket, even so, is whether or not the utilization of a substitute untrained in guide arts in the course of Wangsness' absence in October, 1973, constituted an undue hardship on defendant university district.

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The defendant school district's reliance on conditions involving teachers who ended up discharged devoid of owing process of legislation is misplaced With this Transworld Title VII motion. As famous from the courtroom of Appeals in Norton,

In analyzing the amount of again pay back being awarded, the Court will not likely, underneath the instances of the circumstance, take into account Wangsness' lack of diligence in pursuing a suitable of which he was not mindful.

beneath the Labor Act, the back again fork out interval for an unlawfully terminated worker commences While using the day of discharge, and proceeds right until the employer helps make a legitimate offer you of reinstatement.

Thereafter, Wangsness appeared in advance of The college district's board of training and requested the leave of absence without having pay. The board of education and learning denied the request and knowledgeable Wangsness that his teaching deal would be terminated if he ought to plan to attend the spiritual feast. Regardless of the board of education's place, Wangsness attended the Feast of Tabernacles, and was subsequently discharged by defendant faculty district.

*342 The Court also finds that plaintiff is entitled to an award of Lawyers costs. the particular level of the award will likely be established in light of the twelve factors established forth in Johnson v. Georgia Highway Categorical, Inc.,

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