reply to the students’ response and not the question in 150 words minimum and provide 1 reference. Respond to the students response as though you are talking to them, use name
question-
Jason works for a car rental agency. Part of his religious observance is to pray several times per day. He approaches Supervisor Jan with a request for two additional 10-minute breaks per day in order to engage in prayer.
Instructions: Please write in essay format. Include the guidance below in your analysis:
a) Set forth the federal statute and/or theories of law that are applicable.
b) Identify the legal issue(s) that exist.
c) Apply the facts of the case to the elements of the law/theories of law.
d) Cite a case in the text which is on point with the scenario, or compare and contrast with a case in the tex
students response
Statutorily, it shall be an unlawful employment practice for an employer— (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s . . . religion . . . or (2) 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 religion . . . [Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 20002-2(a). Bennet – Alexander (2019.
According to title VII, section (j) states the term “religion” as includes all aspects of religious observance and practice as well as beliefs.Considering the case of Jason religious observance to pray several times per day, Jason’s right under title VII civil rights act of 1964 is secured. However, the employer can discriminate against employee for religious reasons; if to do otherwise causes the employee undue hardship. When the employer discovers a religious conflict between the employer’s policy and the employee’s religion, the employer first responsibility is to attempt accommodation. If accommodation is not possible, the employer can implement the policy even though it has the effect of discriminating against the employee on the basis of religion. See Bennet – Alexander (2019) Pg. 547. The duty to accommodate is not a static concept for the employer and the employee. Critically looking at Jason’s case, he was asking for two additional 10 minutes breaks, which denotes, that the employer has previously granted his request of breaks for him to observe his religious practice. Employee’s duty to co-operate in accommodation of what the employer can give is necessary because the protection Title VII provide for employment discrimination on the basis of religion does not mean that the employer must resolve the conflict in the way the employee wants. The employee also must be reasonable in considering accommodation alternatives.
Jason’s case can be compared to the EEOC v. Firestone Fibers & Textiles Company, that the fourth circuit found that the employer met the accommodation requirement for the employee’s religious belief prohibiting him from working on a Sabbath from sundown Friday to sundown Saturday and seven religious holidays during the year. The employer sought accommodation by altering Friday work shift, where it could and using the collective bargaining agreements seniority system. But, the employee requested 11 additional days to observe two religious holidays and was terminated, when he violated the company’s attendance policy prohibiting taking over 60 hours of unpaid leave. As far as the employer can convince the EEOC and the court that the employer has successfully borne the burden of reasonably accommodating Jason’s religious practice then Jason will not have a case against his employer.
References:
Bennett-Alexander, D. (2019). Employment Law for Business. [VitalSource Bookshelf]. Retrieved from https://online.vitalsource.com/#/books/9781260031805/