Facts of the Case: In early 2000, an African-American name James Daniel, Jr applied for an Executive Team Leader position with Target. He was given tests, which he passed placing him in a very high percentile of those who have been previously tested. Unfortunately he was not hired, and was given the explanation of not meeting the requirements of the position. Daniels did not receive any feedback as to what requirement he was meeting in the interviewing process. Later three other African-American applicants, Kalisa White, Ralpheal Edgeston and Cherise Brown inquired about the same position involving contact with the Store Team Leader Matthew Armiger. White sent her resume and called to schedule an…
References: innegan, S. (2013). Constructive Dishcarge Under Tittl VII and the ADEA. The University of Chicago Law Review, 561-562.Grace Liebermann V. Genesis Health Care - Franklin Woods Center, CCB-11-2770 (District Court of Maryland 2013).Johnson V. Lacaster-Lebabib Intermediate Unit 13, 11-cv-01598 (District Court for the Eastren District of Pennsyvania 2012).Pennsylvania State Police V. Suders, 542 US 129 (Supreme Court 2004).Religious Discrimination. (2013, 03 24). Retrieved from U.S. Equal EMployment Opportunity Commision: http://www.eeoc.gov/laws/types/religion.cfm…
The EEOC filed suit complaining that FedEx violated Title I of the ADA by failing to provide reasonable accommodations and for discharging him in retaliation for his discrimination complaint. Additionally, the complaint sought compensatory damages (i.e., damages paid to compensate the claimant for actual injury or harms they suffered) and punitive damages (i.e., exemplary damages paid to penalize the defendant) for their alleged failure to act in good faith, and for malice and reckless indifference to his federally-protected rights under the ADA. The district court of Maryland awarded Lockhart the sums of $8,000 in compensatory damages and $100,000 in punitive damages, based on a jury finding against FedEx for failing to reasonably accommodate Lockhart under the ADA.…
Religious Discrimination: Employer must reasonably accommodate the employee’s request unless it creates an undue verdict.…
According to the law case EEOC v. FREEMAN, the EEOC filed a law suit against Freeman and alleged the company’s hiring policy which includes criminal background and credit history checks, has a disparate impact on African-American, Hispanic, and male applicants. And the material fact of this case is whether Defendant’s hiring criteria of conducting criminal background and credit history checks is consistent with business necessity. Since the Defendant was charged by the EEOC with unlawful discrimination in this case, the source of law is the Title VII of Civil Rights Act of 1964. “Title VII prohibits discrimination in hiring, firing, trainings, promotion, discipline, or other workplace decisions on the basis of an employee or applicant’s race, color, gender, national origin, or religion” (Bennett- Alexander & Hartman, 2011).…
Schlueter, T. E., & Rollinson, T.N. (2012) Chicago police clerk’s religious bias claim fails. Society For Human Resource Management. Retrieved from http://www.shrm.org/legalissues/federalresources/pages/religious-bias-claim-fails.aspx…
The law specifically addresses discrimination in the workplace. The case presented relates specifically to section 703 which states it is unlawful to discriminate against an individuals race, color, religion, sex, or national origin ("Title VII of the Civil Rights Act of 1964",2013). The employee is claiming the company was in violation of this section by scheduling him to work on his religious holy day. Yet, the question remains as to whether the company intentionally violated the employee 's religious rights by changing shifts, or was it in response to business growth and…
References: Cromwell, J. B. (1997). Cultural Discrimination: The Reasonable Accommodation of Religion in the Workplace. Employee Responsibility and Rights, 10(2), 155-172.…
The employee is stating they were discriminated on because of religion because they now have to work on religious holy days due to the new work schedule. According to Title VII of the Civil Rights Act of 1964, religion is defined as 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 prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business. ("Title VII," “n.d.”, p. 2). The employee claims that the toy Company did indeed create an intolerable working condition due to the requirement to work on a religious holy…
The Equal Employment Opportunity Commission (EEOC) brought suit against Red Robin Gourmet Burgers in August of 2005. The EEOC stated Red Robin had refused to offer their employee, Edward Rangel, a server at the restaurant, with any accommodations to freely express his Egyptian faith by exposing tattoos of ‘Ra’ the Egyptian sun god (Garnett, 2010). However, studies from Hazen and Syrdahl (2010) indicate that “all tattoos are not created equal in the eyes of the courts” (p. 2). Secular tattoos may be accommodated under Title VII; however, if an employee’s tattoo is considered offensive or construes sexual harassment or racist symbols, then the employer has every right to require the worker to conceal his or her tattoos. An illustration of “all tattoos are not created equal in the eyes of the courts”, could be found in the case of Swartzentruber v. Gunite Corporation. Gunite is a manufacturing company that produces truck wheels, brake drums, and rotors. Mr. Swartzentruber is an employee at Gunite Corp. and publicly displays a tattoo of a hooded figure standing in front of a burning cross on his forearm. By exposing this particular tattoo at his place of employment, Mr. Swartzentruber had offended all of his black co-workers. All of the black employees at Gunite Corp stated they felt harassed and find the image of a burning cross on Swartzentruber’s arm very offensive. Swartzentruber’s supervisors…
In our history as a Nation, we have had some conflicts that have arisen when this occurs and it can be difficult to define what it means to have religious freedom. It should not come as a surprise to us that this may be a conflict in our future. Religion is an asset in our human lives that has directed us toward morality from the beginning of humanity as religions have grown in diversity. There is no category to which it belongs; therefore, it is difficult to face this problem head on when there may be some concrete obstacles that cannot be overlooked. As difficult as it may be to say this, there will not be a point in time when there are conflicts, big and small, that some rules where we cannot always accommodate everyone’s needs. Congress has passed the Religious Freedom Restoration Act (RFRA) to give individuals more liberty when exercising religion; therefore, not to quell your right to exercise religion and adhere to that “Congress shall make no law…prohibiting the free exercise [of religion]” as stated in the First Amendment.…
"DISCRIMINATION: RIGHTS GROUPS SUE U.S. OVER 'RELIGIOUS PROFILING'." Global Information Network Apr 21 2005: 1. ProQuest. 26 Mar. 2014…
Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based on religion. Religious discrimination is treating a person differently because of their religious believes. In this case Elaine Mobley, a member of the nonsectarian Unitarian Universalist Church, can file a legal sue under religious discrimination or the Civil Rights Act of 1964, because she was discriminated by employees and her supervisor. They said that she would be “making efforts repeatedly to “save the soul” of a fellow employee” (Neill, 2014, Web). A proven wrongful dismissal will tend to lead to two main remedies: reinstatement of the dismissed employee, and/or monetary compensation for the wrongfully dismissed. In this case the court should look on how Elaine Mobley told her supervisor that she was feeling harassed by her employees, and shortly after that she was fired. In this case the judge should rule in favor of Elaine Mobley, because of what we have of the case it seems that she was being harassed and told her director of division and did nothing but fire her. The employer did in fact discriminate unlawfully, because you cannot force someone to become one of your same religion. It is especially unlawful to leave messages in her desk stating “How can you speak of God and Reject me? I love you and know all about you” as the book stated (Nkomo, Fottler, McAfee, 7 edition, p. 56).…
Employees of General Motors (GM) sued GM for refusing to sponsor a Christian employee affinity group. GM’s policy was to not sponsor any religion based affinity groups. GM was successful in defending against the lawsuit because it upheld its policy not to sponsor any religious affinity groups.…
Imagine growing up in a home where religion is the basis for everything you do. For instance, your father is a minister which means that you are in church 5 days a week. As you are embossed in this culture, you begin to take on the traits, beliefs and practices associated with it. You are fully immersed into your religion which now becomes second nature to you. You are taught that God helps people in need and looks out for all those who worship him. As you grow older, you believe more and more that your religious practice is what gets you through. You are now an adult and finally have the opportunity to live on your own. You’ve just been hired by a fortune 500 company and you are ecstatic because, it is your belief that God is the reason you were put in that position. As you report in to your first day of work, you realize that it is all you have ever wanted and you pray to thank God for the opportunity that he has provided you. You feel a tap on the shoulder and there is your supervisor telling you that you cannot pray in the office as it is prohibited by company rules. Many of your co-workers see this and they approach you at lunch time. They all feel your pain because they too have been told that due to company policy they also could not practice their religion at work. This is a problem. You realize that growing up in a Utilitarian environment urges you to fix this problem for the greater good of all the people working in this office. Religion should be allowed in the workplace to ensure that all people are afforded the opportunity to worship as they choose, within guidelines. Happier employees make for a better, more productive work environment.…