(dissenting).
The motion for rehearing in banc in this case should be granted to determine whether or not this Circuit will enforce the E.E.O.C. regulation (29 C.F.R. § 1605.1) requiring reasonable accommodation of religious beliefs.
The District Judge who tried this case on remand found that defendant Memphis Publishing Co. “did not make any attempt to accommodate the religious needs of the plaintiff.” The record supports him completely.
Rule 35(a) of the Federal Rules of Appellate Procedure provides for in banc hearings to maintain uniformity of decisions and to deal with questions of exceptional importance. In my view the majority opinion in Reid II, 521 F.2d 512 (6th Cir. 1975) is in direct conflict with Cummins v. Parker Seal, 516 F.2d 544 (6th Cir. 1975), and with the opinions of all three of the judges in Reid I, 468 F.2d 346 (6th Cir. 1972). Full court consideration is essential to establishing a consistent rule of law in relation to the reasonable accommodation to religious beliefs provisions contained in 29 C.F.R. § 1605.1 and 42 U.S.C. § 2000e(j) (1972).