Cars-R-Us (Cars): Will Clem succeed in his discrimination suit? What are the applicable rules and why do they apply or not apply in this case?
It is unlikely that Clem will succeed in his discrimination suit even though religion is a protected class under Title VII of the Civil Rights Act of 1964 and Cars-R-Us has an excess of 15 employees (Meiners, Ringleb, & Edwards, 2015, p.499). While it is required that employers make "reasonable accommodations" for the religious beliefs of employees, these accommodations must not cause "undue hardship" (Meiners, Ringleb, & Edwards, 2015, p.501). Cars-R-Us can make a convincing case that not using Clem on Fridays was a significant hardship because of the need to use a floater, which interfered with scheduling elsewhere and also resulted in the need for more repairs and lower levels of efficiency. This could cost a "significant amount" to Cars-R-Us (Meiners, Ringleb, & Edwards, 2015, p.501).
Cam might have a case if the existing pool of workers was adequate to cover for his shifts. "When the accommodation would disrupt a schedule designed to spread the burden of unpopular shifts, courts have generally allowed employers to put the burden or arranging shift swaps on the employee seeking the accommodation,...
However, using a floater who is less qualified would be required and is not a comparable substitute.
Title VII prohibits employers from setting the "compensation, terms, conditions, or privileges of employment" or "to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual's race, color, religion, sex, or national origin" (Meiners, Ringleb, & Edwards, 2015, p. 499). Needlessly demanding that an employee work during times when he his religiously prohibited from doing so and refusing to allow other workers to work during those shifts instead would be considered discriminatory. However, in this instance, the employer has a convincing case that it is essential to have a qualified, full-time worker during the times Cam has been scheduled, based upon the number of workers currently at the plant. Being forced to hire additional employees as well as being required to use less-qualified floaters is a significant expense and also a significant burden of time and effort for…
This can also lead to feelings of inadequacy and low self-esteem. It is also noted that religious discrimination can be both overt and covert. Overt discrimination is a more obvious form of discrimination, such as name -- calling and physical intimidation ( Perceived Religious Discrimination and its Relationship to Anxiety and Paranoia among Muslim Americans). Covert discrimination is often more insidious and psychologically harmful in that it is suggested by
Although Lundman was evidently the first case to award damages for faith healing, prosecutions of parents whose children die under similar circumstances are reasonably common.(64) Many of the cases involve Christian Scientists who do not accept the superiority of contemporary medicine to their faith-based care; and many others involve Jehovah's Witnesses, who do not accept blood transfusions because of the biblical prohibition on ingesting blood.(65) but official punishment is
Employment Law Case One: A. Ms. Riyadh is employed as an account executive with ABC Advertising ("ABC"). ABC is a national marketing and advertising firm specializing in domestic and international advertising. ABC has its corporate headquarters in this state and represents many major public and private corporations throughout the United States. Ms. Riyadh began working with ABC as a summer intern during her senior year in business school, and was hired
The employer has an established protocol for dealing with allegations of sexual harassment, and a sexual harassment complaint triggers protections for the employee. An employee engaging in sexual harassment of any other employees, clients, or business associates of the employer, will be disciplined. Any employee engaging in sexual harassment who has been notified by the victim, a supervisor, or any other employee of the employer, that such conduct is
Religious Discrimination There is no one who is supposed to be discriminated on the basis of their religion in the workplace. The rights of employees are protected under Title VII. According to Title VII, religion includes all aspects of religious observance and practice coupled with beliefs .Therefore in a workplace situation unless an employer demonstrates that he is not able to reasonably accommodate an employee or even a prospective employees' religious
As in this case, substantial evidence does not exist, as it is uncertain what the injured party was wearing at the time of the accident, thus the court should set aside the first decision. Question Such a measure clearly goes against the National Labor Relations Act which "extends rights to most private sector employees and their employers, stating that employees have the right to form, join, support or assist unions, also