In a surprising 5th Cir opinion of Davis vs. Ft. Bend County the 5th Circuit held that District Court Judges should tread lightly when determining if an employees religious belief is sincerely held. This was not the victory we had hoped for because it should be the jury who makes that decision not a Judge. The case involved an employee who was required to work on the 4th of July weekend (which included a Sunday). The employee stated she had to go to church on Sunday for a special program at her church but would work after church and the day after church (a usual vacation day). The District Judge held that the reason the employee wanted to attend was really not religious in nature but was more personal and dismissed the case. The 5th Cir which generally bends over backwards to rue against employees in favor of employers sent the case back for the District Judges reconsideration. As an El Paso employment lawyer I appreciate this employment law victory for the employee out of the 5th Cir. Its rare but welcome from a Federal District Court that is known throughout the United States as being hostile to the workers of America. One happy El Paso Employment lawyer who represents employee and the fired and injured workers of El Paso.