Week 5 Assigment 3
WEEK 5: Assignment 3
HRM-320-11787 Employment Law
Misael Sanchez
Professor: Joy Bruno
29 Sep 2014
1. When can an employee’s religious belief qualify as a bona fide occupational qualification?
Religious organizations are permitted to discriminate as long as the position relates to the promotion of the religion. Religious belief is considered a bona fide occupational qualification.
For example, if a catholic church is looking for a clergy member. The Catholic Church would argue that only catholic could effectively practice and preach the tenants of their religion.
2. In the law firm of Milton, Madden & Herman (“MM&H), a request has been filled by two Sikhs to wear turbans. Although MM&H’s dress code does not speak to this issue, MM&H decides to prohibit this attire. How would you advise the Sikhs to proceed?
Sikhs can argue that MM&H prohibited the turban which is part of his religion. The company can always accommodate his religious beliefs as long as Sikhs explain what his religious beliefs are and how they are being compromised by the employer because of the task at hand.
Reasonable accommodation of a religious belief must be made by the employer if such accommodation does not compromise the rights of others does not require lots of cash.
3. Johnny Carlton attended the University of Lebanon while his father was stationed in the military in that country. When Kurt Munson review Carlton’s application for employment, he asks Carlton why he chose to attend college there. Carlton explains. When Carlton, who is qualified for the position, is subsequently denied, he reasons that Munson’s inquiry was determining factor. Carlton initiates a Title VII claim for national origin discrimination. Munson asserts that Carlton does not fall under that protected class. Is Carlton covered?
Yes, Carlton is covered. Even though he is not of national origin and not part of the protected class he attended a school or religious institution that is identified with people
HRM-320-11787 Employment Law
Misael Sanchez
Professor: Joy Bruno
29 Sep 2014
1. When can an employee’s religious belief qualify as a bona fide occupational qualification?
Religious organizations are permitted to discriminate as long as the position relates to the promotion of the religion. Religious belief is considered a bona fide occupational qualification.
For example, if a catholic church is looking for a clergy member. The Catholic Church would argue that only catholic could effectively practice and preach the tenants of their religion.
2. In the law firm of Milton, Madden & Herman (“MM&H), a request has been filled by two Sikhs to wear turbans. Although MM&H’s dress code does not speak to this issue, MM&H decides to prohibit this attire. How would you advise the Sikhs to proceed?
Sikhs can argue that MM&H prohibited the turban which is part of his religion. The company can always accommodate his religious beliefs as long as Sikhs explain what his religious beliefs are and how they are being compromised by the employer because of the task at hand.
Reasonable accommodation of a religious belief must be made by the employer if such accommodation does not compromise the rights of others does not require lots of cash.
3. Johnny Carlton attended the University of Lebanon while his father was stationed in the military in that country. When Kurt Munson review Carlton’s application for employment, he asks Carlton why he chose to attend college there. Carlton explains. When Carlton, who is qualified for the position, is subsequently denied, he reasons that Munson’s inquiry was determining factor. Carlton initiates a Title VII claim for national origin discrimination. Munson asserts that Carlton does not fall under that protected class. Is Carlton covered?
Yes, Carlton is covered. Even though he is not of national origin and not part of the protected class he attended a school or religious institution that is identified with people