religious discrimination

Question 1

how is religion diff from the other protected categories in title vii

Answer 1

An employer has to treat workers differently (ie accommodate) because of their religion

Question 2

how does title vii define religion

Answer 2

“all aspects of religious observance and practice, as well as belief,

Question 3

when is an employer expempt from accodmating a religious belief

Answer 3

an employer demonstrates that he is unable to reasonably accommodate an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business

Question 4

is it the court’s role to determine the reasonbleness of an individual’s relgious belief

Answer 4

no

Question 5

what factors determine if an individual’s beleif can be considered religious?

Answer 5

1. Addresses fundamental and ultimate questions having to do with deep and imponderable matters
2. Comprehensive in nature
3. Recognized by the presence of certain formal and external signs

Question 6

what isnt protected under title vii reglious belief

Answer 6

Social, political, or economic philosophies, as well as mere personal preference ARE NOT religious beliefs protected under title vii

Question 7

what is the key takeaway from red robin

Red Robin fired Rangel when he refused to cover his tattoos, allegedly obtained for religious reasons, in violation of Red Robin’s dress code policy.
Rangel practiced Kemetecism, a religion with roots in Ancient Eygpt.

Issue
Did Rangel possess a bona fide religious belief against intentionally covering his tattoos?

Answer 7

A plaintiff claiming religious discrimination must prove that the employer failed to accommodate or otherwise discriminated against the plaintiff’s bona fide religious belief, observance, or practice.

The court held that Rangel brought forth sufficient evidence to demonstrate that he possessed a bona fide religious belief, and thereby established a prima facie case of religious discrimination.

Question 8

what is the key question to ask if estblsiing religion

Answer 8

Is it a religion or a personal preference
Must be more than just a preference , it must be a deep religious conviction, shared by an organized group and intimately related to daily living

Question 9

what is the keytakeay from barnwell v hobbey lobby

Answer 9

that family-owned corporations are not required to pay for insurance coverage for contraception under the Affordable Care Act.

Question 10

what is the key takeaway from preferred managment

The EEOC alleged that Sievers was the victim of religious discrimination in that she was demoted from her position as branch manager and subsequently discharged because Steuerwald’s religious preferences or that she was discharged in retaliation for having complained about religious discrimination.

Answer 10

The court held that the EEOC’s evidence was sufficient to raise a reasonable inference that Sievers’ demotion and termination were based on religion and that they were in violation of Title VII.

Question 11

what is the key takeaway from Moranski (because of such an indiviual’s religion)

P wanted to create an affinity group at GM via a christian group
The GM guidelines prohibited religious affinity groups

Issue
Does GM’s decision to decline to sanction any group that promotes a religious position run afoul of Title VII?

Answer 11

holding that GM treated all religious groups the same, and the denial of a religious group did not constitute religious discrimination.

Its the word ‘individual’
Ban on ALL religious groups
They are sectioning out religion generally

Question 12

what does the stautte require via accomdation for religion

Answer 12

The statute requires that an employee must “reasonably accommodate an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”

Question 13

what is the faliure to accomdate analysis under religion

Answer 13

1. Employee has a bona fide religious belief, the practice of which conflicted with an employment duty.
2. She informed her employer of the belief and conflict.
3. The employer threatened her or subjected her to discriminatory treatment, including discharge, because of her inability to fulfill the job requirements.
4. If employee proves a prima facie case, the burden shifts to the employer to show either that it initiated good faith efforts to accommodate reasonably the employee’s religious practices or that it could not do so without undue hardship

Question 14

what is the key takeaway from trans world (seniority system)

Answer 14

held that TWA made reasonable efforts to accommodate Hardison and that the suggested alternatives would require TWA to bear more than a de minimis cost in order to give Hardison Saturdays off.

Question 15

what are the eeoc guidelines for undue hardship via relgious accomodation

Answer 15

actors include the type of workplace, the nature of the employees duties, the identifiable cost of the accommodation in relation ot the size of the employer and the number of employees who will in fact need a particular accommodation
Its a fact specific inquiry

Question 16

what is the key takeaway from ansonia

Philbrook’s religion required him to refrain from secular employment during designated holy days, which caused him to miss six schooldays each year

Whether the Court of Appeals erred in finding that Philbrook established a prima facie case of religious discrimination and in opining that an employer must accept the employee’s preferred accommodation absent proof of undue hardship?

Answer 16

An employer is not required to accept an employee’s preferred method of accommodating the employee’s religious beliefs.

Raises the standard for undue hardship; this court reasons that as long as employer offers reasonable accom, employer is good
Doesnt even need to be the one the employee wants

Question 17

if an employer offers a reasonable accomdation, do they need to show that p’s propsed accom would cause undue hardsip

Answer 17

no;as long as employer offers reasonable accom it has satisfied its obligations

Question 18

what are some good tips for reasonable accommodations via religion

Answer 18

As an employer you should seriously think about trying to accommodate them!
Its good practice to do so in order to avoid litigation and also will encourage trust and good will from employees end
If you can make the accommodation then make the accommodation

Question 19

what is the key takeaway from abrocrombie (head scarf case)

Samantha Elauf, a practicing Muslim, wears a headscarf. She applied at Abercrombie, and was interviewed by Heather Cooke, an assistant manager. Cooke gave Elauf a sufficient evaluation to work at the store. The store manager, however, believed that the headscarf would violate the company’s Look Policy, and declined to hire Elauf.
Issue for the Supreme Court: Must an employer have “actual knowledge” of an applicant’s need for a religious accommodation, which was not provided in this case?

Answer 19

The Court holds that no actual knowledge is required for a religious accommodation. “Instead, an applicant need only show that his need for an accommodation was a motivating factor in the employer’s decision.”

Question 20

what is the key takeaway from unionon independiente

Cruz was a member of the Seventh-Day Adventist Church who claimed that the tenets of his religion prohibited him from joining a labor organization.

Cruz was a member of the Seventh-Day Adventist Church who claimed that the tenets of his religion prohibited him from joining a labor organization.

Issue of whether employer actually followed that religion (ie bona fide)

Answer 20

A plaintiff who raises a religious-discrimination claim under Title VII must show that he held a bona fide religious belief.

The plaintiff must demonstrate both that the belief or practice is religious and that it is sincerely held.

Question 21

what are the four exceptions to relgious discrimination claims

Answer 21

The educational exception;
The 702(a) exception: the religious employer exception;
The bona fide occupational qualification (BFOQ); and
The ministerial exception.

Question 22

what is the educational exception

Answer 22

Edu institutions can HIRE (not fire) employees of a particular religion if the school is managed/owned by a religious entity
Core mission must be propagation of that religion
Very narrow exception

Question 23

Religious employer exception

Answer 23

If employer’s main purpose is probligation and the discrimination is religious in nature, falls under this exception (ie the primary purpose cant be to make money)

The employer must meet the following two tests
The employer itself must be religious; and
The discrimination that is being exercised must be religious in nature.

Question 24

The BFOQ relgious exeption

Answer 24

where religion . . . is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

Question 25

Ministerial exception

Answer 25

Exemption for leaders within a religious organization.

Judicially created ie not in the statute

Worried about govt interference in the affairs of religious orgs and their ministerial employees

Question 26

what is the key takeaway from hosana tabor (ministerial exception)

Answer 26

A church-school that fires a teacher with a disability falls within the ministerial exception to federal anti-discrimination laws under the Religion Clauses of the First Amendment.

Question 27

what does undue hardship mean in this context

Answer 27

that its diminimis