CLASS ACTIVITY Employment Discrimination Flashcards
scenario 1) Wendy an administrative assistant with Pediatrics 2000, requested not to attend a company party planned for that month because, as her employer knew, it would violate her religious practices as a Jehovah’s Witness to attend a holiday party. Pediatrics 2000 had allowed other employees to decline to attend the party scheduled on a weekend.
what law applies?
what is the employer’s legal obligations”
the company’s owner and founder texted the employee, “[T]his is your last day of employment. [W]e can’t tolerate religious privileges from anyone.”
Where would the employee file a lawsuit and how long does she have to do so?
wendy can physically/mentally go to party
look at RA and UB - legal obligation
“pediatrics 2000 has allowed other employees to miss party”
RA - Wendy skips party
does not create UB because other people skip party
but if it was a UB - “everyone is required to go to the party”
undue burden is not like ADA - means have policy
2)Neil, a pharmacist, was hired by Walgreens where more than one pharmacist is on duty during all hours of operation. Neil informs Walgreens that he refuses on religious grounds to participate in distributing contraceptives or answering any customer inquiries about contraceptives.
What law applies?
What is the employer’s legal obligation?
Where would Neil file a complaint and how long would he have to do it?
RA to allow him to not to hand out/talk about contraceptives when another pharmacist is avaiable
3) Edward is a server at Red Robin which has a strict no tattoo grooming policy for all servers. Edward practices the Kemetic religion, based on ancient Egyptian faith. During a religious ceremony he received small tattoos encircling his wrist, written in the Coptic language, which express his servitude to Ra, the Egyptian god of the sun.
What law applies?
What is the employer’s legal obligation?
Edward explains that it is a sin to cover them intentionally because doing so would signify a rejection of Ra. Now what?
legal to have tattoo piercing policies
you can inquire about that person’s religion
RA - make him wear long sleeves
- does not create UB
but if Edward says cannot wear long sleeves because against religion to cover tattoo
- RA then let him have that tattoo
if all over his face and arms = UB
4) Kim is employed as a front-end assistant at Costco. When she was hired, Kim had eleven ear piercings but did not claim they had any religious significance. She later claimed she belonged to the Church of Bodily Modification. Among the practices of members of CBM are piercing, and tattooing. Kim later had her eyebrow pierced, which violated Costco’s “no facial jewelry” policy. Costco proposed to allow Kim to wear clear plastic retainers in her piercing’s holes during work hours, but she refused. Kim was terminated.
What law applies?
What is the employer’s legal obligation in this case? Can she be fired?
have right to inquire
- Costco won because they provided RA and she did not like it
5) You are the owner of a security company which has 100 employees. You are hiring security guards, and you require all security guards to be over 5’11. You believe that the public would view tall security guards as powerful and the public would be scared of them. Jane applied for the job, but she did not get the job since she was only 5’2”.
What federal law applies?
What type of discrimination claim might you face because of this action?
Does Jane have a prima facie case? What is a prima facie case?
You argue as a defense that looking strong is a business necessity. Is this correct? Why or why not?
this is disparate impact
6) Stan Babbs is a customer service representative with Johnson Building Supply. In April of 2024 Stan received a disciplinary write up for being late for work on five occasions and being continuously argumentative with his supervisor. Stan was warned that if it happened again, he would be fired. Stan continued to be argumentative with his supervisor and he was late several times in May, June, July, August, September and October. However, Stan was not fired or written up for those instances. On November 19, 2024, Stan asked for two days to take his wife for outpatient surgery. Johnson Building Supply terminated Stan’s employment two days later, on November 21, because of “unresolved, previously disciplinary issues.”
- What law is applicable?
- If you represented Stan in a claim, what would you allege.
- If you represented Johnson Building Supply, what should the Company have done differently?
this is retaliation
format:
- Disparate impact
o Type – disparate impact
o Prima facie case
1)
2)
o Last one: no would not work – not a business necessity
