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Employment Law (Mgmt 445)

Employment Law (Mgmt 445). Religious Discrimination (Chapter 11) Professor Charles H. Smith Spring 2012. Introduction. Issues we will cover What is “religion”? The employer’s duty to “reasonably accommodate” the employee’s religion which includes what is “undue hardship” for the employer.

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Employment Law (Mgmt 445)

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  1. Employment Law (Mgmt 445) Religious Discrimination (Chapter 11) Professor Charles H. Smith Spring 2012

  2. Introduction • Issues we will cover • What is “religion”? • The employer’s duty to “reasonably accommodate” the employee’s religion which includes what is “undue hardship” for the employer. • Religion as a BFOQ. • Religious harassment. • Small group discussions about the incidents set forth on pages 477-79 as well as Goldman v. Weinberger (pages 489-90).

  3. What is “Religion”? • Title VII states that “‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.” • Case studies – Frazee v. Illinois Dept. of Employment (pages 485); Peterson v. Wilmur Communications, Inc. (pages 504-05); Chapter-End Questions #4 (page 500).

  4. Employer’s Duty to “Reasonably Accommodate” • General rule – the employer can discriminate against an employee for religious reasons if to do otherwise causes the employer undue hardship. • Stated another way, employer must offer “reasonable accommodation” for employee’s religion but employer not required to incur “undue hardship” (see list on page 493). • Case studies – Trans World Airlines, Inc. v. Hardison (pages 510-11); Chapter-End Questions #2, 6, 7 and 8 (page 500).

  5. Religion as a BFOQ • BFOQ defense has two elements under Title VII • The occupational qualification is directly related to the ability to perform the job duties at issue (or that safe and efficient performance would be impossible without it) and • The occupational qualification relates to the “essence” or “central mission” of the employer’s business. • Case studies – Corporation of the Presiding Bishop etc. v. Amos (page 483); Pime v. Loyola University of Chicago (page 494). • Query – how can a certain religious belief be a BFOQ?

  6. Religious Harassment • Religious harassment can be manifested in one of two ways • Employee is harassed at work due to his/her religion; case study – Peterson v. Hewlett-Packard Co. (pages 512-15). • Employee, citing religious beliefs, harasses other employees; case study – Chalmers v. Tulon Company of Richmond (pages 506-09).

  7. Religious Conflicts • Easy case – employee fired because she refuses to agree to otherwise secular employer’s statement of religious faith. • Harder case – Exhibit 11.3 (pages 487-88).

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