Title VII, The Civil Rights Act of 1964 Abstract Under federal law, an employer usually cannot make work-related decisions based upon an employee's religion. This means, that generally an employer has to give their workers time off from work to practice their faith and celebrate religious holidays. Employers may face legal issues and be fined if they refuse time off without a good reason. Time off cannot be denied just because the employer doesn't believe in the holiday or religion but needs a legitimate business reason in the eyes of the law. With respect to our dilemma, our employee John’s refusal to carry out his assigned job …show more content…
My only defense as his employer, is that under the Title VII, I must try to reasonably accommodate his religious beliefs and practices unless doing so would cause “undue hardship on the conduct of the employer's business.” (Miller & Jentz, 2010, p.481). Thus, if it will cause my business undue hardship, I can disallow John’s request. Since it is an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his religion. (EEOC, 2012, landing page). First, the definition of religion is a “commitment or devotion to religious faith or observance.” (Merriam- Webster, 2012, landing page). Thus, the term with respect to the law includes all points of religious observances, practices, and beliefs. Since John is one of the top delivery employees for my company and as my employee is bound by duty under contract to deliver parcel packages to the east side of town on Mondays, Wednesdays, and Fridays. This is the first point of contention. A written employment contract is a binding document between me, as employer, and John, as employee, that establishes the terms of our relationship. In this case, it is to deliver parcels on said days on the east side. (NOLO, 2012, landing page). Thus, our contract signed by both sides and notarized by an attorney spells out the
A fortiori, the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment." (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 350, 100 Cal. Rptr.2d 352, 8 P.3d 1089.)
1. When can an employee’s religious belief qualify as a bona fide occupational qualification? In order to use the BFOQ exception, an employer must prove that no member of the group you are discriminating against could perform the job. Using the religious example, a Lutheran church would argue that only a Lutheran could effectively practice and preach the tenants of their religion and a Catholic would be unable to perform the job due to his or her beliefs.
The “C” had requested time off to attend a religious seminar. The C had not requested the time off during the annual scheduling process in December 2015. The C was aware in January 2016 the REMAIN LOYAL TO JEHOVAH! 2016 Convention of Jehovah’s Witnesses seminar would be held in July 2016. The Jehovah Witness Conference is being offered 178 times between July 1, 2016 and December 31, 2016 throughout the United States according to their web site. (site visited June 30, 2016 - https://www.jw.org/en/jehovahs-witnesses/conventions/)
Workplaces must make reasonable religious accommodations for their employees. While this calls into the question the definition of “reasonable,” I believe that a codified agreement in an employment contract would suffice. As such, accommodations must be discussed before an actual contract is signed. This ensures that both sides are aware of the accommodations and that the general course of business in the workplace is not impeded.
The increase in the number of religious discrimination lawsuits filed with EEOC indicates that employees believe employers are not proactive enough in meeting their religious needs (Borstorff & Arlington, 2011). Many
The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee 's or perspective employee 's religious observance or practice without undue hardship on the conduct of the employer 's business.
In this case the employee should allow the employers to pray otherwise the employees can sue the company for discrimination based on religion.
Due to this, requesting a worker to come back to work or putting them in a special position might put the worker at risk of the employer terminating their position and, subsequently, worker's compensation benefits.
Intention: The employer’s conduct would lead a reasonable person in the same situation to conclude that the employer no longer intended to bound by employment
The job did not exercise the Golden Rule. I am sure that if it came down to it the employer would not want to be discriminated against because of their religion. The employer would not want to be forced to say something that they found to be against their religious beliefs. I feel that in this situation they were not trying to save the employer just themselves. However, the employers should have thought about how their actions would have affected
The traditional approach to the ethical treatment of employees, including employee terminations, is often considered from nonreligious viewpoints due to the wide array of opinions which may result from considering faith. There are two primary sources of information when determining the ethical ramifications of decisions impacting employees. The first is laws and regulations stemming from the federal, state and other local governments. The second is the theories of firm management, which includes stockholder theory and stakeholder theory. An examination of these sources is important as each provides a baseline for determining whether a decision impacting employees is first legal and second ethical. While it is important to note that not all laws and regulations may be deemed ethical, the laws governing employment have been developed through careful consideration and evaluation in an effort to mitigate any unethical nature present in their existence.
Due to Sonia’s religious beliefs management should understand and accommodate Sonia’s personal choice for attire. Because Sonia’s attire does not impose undue hardship on the organization’s legitimate business interests, there is no reason not to allow Sonia’s attire in the work place. In order to prove undue hardship an employer must be able to prove that any accommodation would require more than ordinary business costs, diminish efficiency in other jobs, impair workplace safety, infringe on the rights and benefits of other employees, cause other coworkers to carry the burden of the accommodated employee’s hazardous or burdensome work, or conflict with other laws or regulations (Gross, 2012, para 10).
The rise of religious diversity in the workforce is increasing as H&M’s footprint is becoming more global. H&M policies and procedures must address religious diversity in the workforce, not just to accommodate employees’ religious practices but also as a tool to gain competitiveness in the marketplace. H&M policies should try to reasonably accommodate an employee’s religious practices unless doing so would create hurdles for H&M business operations. To continue to be relevant in the global marketplace, it is important for H&M to revamp its religious accommodation policy and procedures. Some of the benefits of adopting new policy results in the following:
What is religious discrimination? According to Equal Employment Opportunity Commission (n.d..), “it is the unfair treatment of a person or employee based on their religious beliefs or by association with people with different religious or moral belief.” A law was established to prohibit the discrimination of employee’s belief “because of their religion in hiring, firing, and other conditions of employment” known as Title VII Civil Right Act of 1964. (Anti-Defamation Law, 2012). This allows the employee to express openly and practice religion in public in the vicinity of the workplace. This law requires the employer to provide reasonable accommodations for employees unless undue hardship occurs. For example, the accommodations that can cause undue hardship are cost, unsafe working environment, compromise other personnel religious beliefs, and increase workload on other employees (Equal Employment Opportunity Commission website).
Because religion or spirituality is important to many people, individuals in the working world need to be aware of the issues surrounding each so that they will be able to converse with others without causing turmoil. It is important to understand that prayer plays a large part in the lives of people and their everyday existence. In the following paper I will apply several ethical theories as well as perspectives to religion in the workplace. I will also provide example and elaborate on each. I will also provide history on the different theory and how they are similar to each other and how they differ.