Religion and Accomodation Flashcards
(21 cards)
What statute covers religious protection?
title 7
What does title 7 include as religion?
o Al aspects of relegous observation and practise, as well as belif, unless:
o An employer demonstrates that they are unable to reasoanly accommodate an employee’s or prospective employee’s relegous observance or practise witout undue hardship on the conduct of the emplpyer’s buissness
Why is religion different for the other classes?
It is not visual apparent and is a matter of peroansl choice
what is the definition of religion?
“a sinceare belif that occupose in the life of the beliver a parallel place to that of God in traditional religions” – US v Seeger
What modification is made to McDonnel Douglass when dealing with religious claims?
occasional modification to require the employee to prove that the employer had knowlage of thep lantiff’s religion/religious practise when knowalge is disputed – this is because religious affiliation is not as obvious as sex, color, national origin…
If a religeous practise would otherwize (if not for that practise) cause a legitimate ground for discharge, is an employer obliged to reasaonbly accomodate for that?
Yes. Emplpyer’s must, to an extent, actively attempt to accommodate an employee’s religious expression or codict even if, absent the religious motivation, the emplpyee conduct would supply a legiitmiate ground for discharge.
Under Chalmers, what is required for a prima facia showing of religious discrimination?
1) he or she has a bona fide religious belief that conflicts with an employment requirement;
(2) he or she informed the employer of this belief;
(3) he or she was disciplined for failure to comply with the conflicting employment requirement. If the employee establishes a prima facie case, the burden then shifts to the employer to show that it could not accommodate the plaintiff’s religious needs without undue hardship.
Does religion allow for motivating factor?
Yes - Abercrombie case. employee need only show that their need for a religious accommodation was a motivating factor
If an employer has knowledge of an applicant’s need for a religious accommodation, and decides to not hire them for a copelatly different reason, is that religious discrimation?
No
What is the definition of “undue hardship” as per Groff?
“undue hardship” is shown when a burden is substantial in the overall context of an employer’s buissness. This is shown though an accmodation on the employer’s part being exsessive or unjustifiable. It would result in substanatial increased costs in relation to the conduct of its particulat buissiness.
is disparate treamtent allowed for religion?
yes
Does an employer have to go with an employee’s proposed accommodation?
No. Any reasonable accommodation will fulfil the obligation - Philbrook
What are the 3 elements of a bona fide releigoos discrimation claim?
1) he or she has a bona fide religious belief that conflicts with an employment requirement; (2) he or she informed the employer of this belief; (3) he or she was disciplined for failure to comply with the conflicting employment requirement. If the employee establishes a prima facie case, the burden then shifts to the employer to show that it could not accommodate the plaintiff’s religious needs without undue hardship.
What must an employee do in order to make for a bona fide religions discirmation claim?
They must inform the employer about their religion and ask for accomodation
Can a religious organization disriminate in the priests it hires?
yes
Can a religious organization discrimaine in the non-relegous roles it hires for? Give na example.
Yes. Ex. the Vatican could require that the janitor be Catholic - sec702
what does the sec702 religious exemption apply to?
only organizations whose purpose and character are primarily religeous
What is the ministerial exception?
Religious organizations have free exercise rights under the Constitution, and so cannot be libel for violating protected grounds WHEN THEY SELECT THEIR PRISTS/MINISTERS. Ex. a Catholic Church violates title 7 sex discrimation protections since all priests must be men, but they are protected under the ministerial exception
Does reinstatement of a fires purists constitute a violation of the ministerial exception?
Yes - Hosanna Tabour held - Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision.
Sarah is an evangelical who belives that she is obliged to loudly proslytize in the cafeteria during lunch hour. Is an employer bound to allow her to do this as a reasonable accomdation?
No. If an employee’s religious beliefs cause severe disruption in the workplace (ex. mailing scolding letters to coworkers based on belief that they are living in sin) then there is no obligation to reasonably accomodate
