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To support its theory of undue hardship, defendant university district emphasized at trial its contention that using a substitute teacher in any scenario results in an undue hardship on the students and The varsity system. The narrow legal situation just before this Court, nonetheless, is whether the use of a substitute untrained in manual arts in the course of Wangsness' absence in October, 1973, constituted an undue hardship on defendant college district.
*336 The expression "religion" consists of all aspects of spiritual observance and apply, in addition to belief, Except if an employer demonstrates that he is not able to fairly accommodate to an employee's or future worker's spiritual observance or exercise without the need of undue hardship about the conduct in the employer's business.
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In taking into consideration the proof of hardship, the courtroom is conscious of the board of schooling's letter to Wangsness denying his request for depart. At that time, defendant faculty district was far more anxious that Wangsness Reside as much as his teaching contract than it had been With all the hardship which could consequence from accommodating his spiritual beliefs.
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"[i]file an employer stands on weak floor when advancing hypothetical hardships inside a factual vacuum, then absolutely his footing is much more precarious if the proposed accommodation has actually been tried using as well as the postulated hardship didn't crop up." Id.
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(1) A bona fide belief that compliance with an work need is Opposite to plaintiff's spiritual faith;
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