Employment Law Essay
1. When can an employee’s religious belief qualify as a bona fide occupational qualification? Religious organizations are permitted to discriminate as long as the position relates to the promotion of the religion. Religious belief is considered a bona fide occupational qualification. For example, if a catholic church is looking for a clergy member. The Catholic Church would argue that only catholic could effectively practice and preach the tenants of their religion.
2. In the law firm of Milton, Madden & Herman (“MM&H), a request has been filled by two Sikhs to wear turbans. Although MM&H’s dress code does not speak to this issue, MM&H decides to prohibit this attire. How would you advise the Sikhs to proceed? Sikhs can argue that MM&H prohibited the turban which is part of his religion. The company can always accommodate his religious beliefs as long as Sikhs explain what his religious beliefs are and how they are being compromised by the employer because of the task at hand. Reasonable accommodation of a religious belief must be made by the employer if such accommodation does not compromise the rights of others does not require lots of cash.
3. Johnny Carlton attended the University of Lebanon while his father was stationed in the military in that country. When Kurt Munson review Carlton’s application for employment, he asks Carlton why he chose to attend college there. Carlton explains. When Carlton, who is qualified for the position, is subsequently denied, he reasons that Munson’s inquiry was determining factor. Carlton initiates a Title VII claim for national origin discrimination. Munson asserts that Carlton does not fall under that protected class. Is Carlton covered? Yes, Carlton is covered. Even though he is not of national origin and not part of the protected class he attended a school or religious institution that is identified with people of a specific national origin. In this case Lebanon. Carlton can sue because the Title VII of the Civil Rights Act and the Immigration Reform and Control Act of 1986 says that individuals are protected from discrimination based on national origin.
4. Harvey Jameson was recently terminated as comptroller at the age of 66 from Better Beef, Inc. His replacement is Tammy Parker, age 45. Because both he and his replacement are covered under the ADEA, Jameson is wondering whether he is precluded from suing. Harvey can go ahead and sue, but, he might not win this one because once he does initiate the case the employer must provide legitimate nondiscriminatory reason for the discharge. In this case, it seems that he was “let go” because of his performance. Then Harvey must prove that the employer’s reasoning was false and that the real reason was to discriminate.
5. Rita Hall has kidney failure and is forced to be on dialysis three times a week. She is a financial analyst for Bull and Bear. She is asking for three afternoons off each week. Hall is offering to work. Late two days and on Saturdays to make up the remaining time off. She does not believe this will adversely affect her duties. Bull and Bear refuses, claiming it is disruptive to the work environment. How would you advise Hall to proceed? For Rita Hall is more of revenue problem and not an age discrimination. The company can claim that to keep this employee would be not beneficial to the company in financial terms.