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
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
In looking at Jason’s request, Supervisor Jan should consider a few important items. When looking at religion in the terms of anti-discrimination in the workforce there is a unique take on it because it is not absolute. “Unlike the other categories included in Title VII, there is not an absolute prohibition against discrimination on the basis of religion. Rather, under Title VII, we see for the first time a category that has built into it a duty to reasonably accommodate the employee’s religious conflict unless to do so would cause the employer undue hardship” (Bennett-Alexander & Hartman, 2019, p.540). Supervisor Jan will need to try to comply with Title VII and she has the duty to try to find a way to avoid conflict between workplace policies and an employee’s religious practices or beliefs. She will need to consider if undue hardship exists. Specifically this is, “The burden imposed on an employer, by accommodating an employee’s religious conflict, that would be too onerous for the employer to bear” (Bennett-Alexander & Hartman, 2019, p.540).
An interesting case to compare this against is Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC,58 where the Court unanimously determined that religious organizations have full authority to determine who their religious leaders are and to apply their religious dictates even when those dictates conflict with workplace antidiscrimination laws (Bennett-Alexander & Hartman, 2019, p.540). In Supervisor Jan’s case, since she is working at an Accounting Firm, this does not apply to her and she will need to comply with Title VII and try to reasonable accommodate if there is no undue hardship.
Bennett-Alexander, D. D., & Hartman, L. P. (2019). Employment Law for Business.