Deck 11: Religious Discrimination

Question 1

Herb works for Goodman Tire as a mechanic. He is required to work 40 hours per week, including two Sundays per month. On August 1, Herb tells his supervisor that his religion is worshipping the NFL and he can't work any Sundays until after the Super Bowl in February. Goodman Tire's best argument for not accommodating Herb's request is:

A) Herb's religion does not qualify as a religion under Title VII because worshiping a deity is required.
B) Herb's religion does not qualify as a religion under Title VII because he is not a member of an organized religion.
C) Herb's religion does not qualify as a religion under Title VII because his beliefs are not sincerely held and they do not take the place of religion in his life.
D) Herb's religion does not qualify as a religion under Title VII because Herb is not able to provide a letter from a religious minister, imam, or rabbi.

Answer 1

C

Question 2

An employer can implement a policy or practice that discriminates against an employee's religion if the employer cannot accommodate the employee's religion without suffering undue hardship.

Answer 2

True

Question 3

Candice refuses to work on Sundays because it is against her religion to work on the Lord's Day. She has asked her employer to allow her to work every Saturday instead and require another employee to work on Sunday. In order to grant her request, her employer must violate the company's seniority system and the collective bargaining agreement. Her employer refused and will be liable for religious discrimination.

Answer 3

False

Question 4

Patrick is employed by First Church of God as a cook in the daycare center. When Patrick was hired, he was attending the church and discussed joining the church with the pastor. After 3 months, Patrick had not joined the church, and his employment was terminated.

A) Patrick has a claim for religious discrimination under Title VII and the U.S. Constitution's Establishment Clause.
B) Patrick does not have a claim for religious discrimination because the church is exempt from compliance with Title VII.
C) Patrick has a claim for religious discrimination because his job did not involve religious practices or activities and he was terminated anyway.
D) Patrick does not have a claim for religious discrimination because he told the pastor he planned to join the church.

Question 5

The United States Armed forces can discriminate against all religions and religious practices to the extent that those practices are inconsistent with the required military dress code.

Question 6

In Trans World Airlines, Inc. v. Hardison, the U.S. Supreme Court established the guidelines for determining what constitutes undue hardship in the process of attempting reasonable accommodations:

Question 7

An employer has a duty to accommodate religious dress, but not national origin dress.

Question 8

Melissa is employed by Conway Chemical Corporation. The company allows the employees to use the conference room for club meetings, like the knitting club and book club. Melissa has asked to use the conference room for prayer meetings on Wednesday mornings before her shift starts. Melissa's request was denied.

A) Melissa does not have a claim for religious discrimination because the other activities were purely secular in nature.
B) Melissa does not have a claim for religious discrimination because she failed to inform her employer of her religious belief.
C) Melissa has a cause of action for religious discrimination because she is being treated differently based on religion.
D) Melissa has a cause of action for religious discrimination because the RFRA states that it is religious discrimination for employers to allow employees to engage in secular activities and refuse to allow employees to engage in religious activities.

Question 9

LaTonya recently joined the Freewill Pentecostal Holiness Church and as a member, she is not allowed to wear pants. Her employer, Sal's Seafood, requires all employees to wear coveralls provided by the company for sanitary reasons. Although LaTonya wore the uniform prior to joining the church, she now refuses to wear the coveralls. She explained to Sal that wearing pants was against her religion. Sal offered to allow her to split the seams on the coveralls and wear it over her dress. LaTonya refused. Sal fired her for insubordination.

A) Sal is liable for religious discrimination for failing to provide an accommodation that LaTonya would accept.
B) Sal is liable for religious discrimination for refusing to make a reasonable accommodation of LaTonya's religious practices.
C) Sal is not liable for religious discrimination because LaTonya's religious practice is not recognized by society.
D) Sal is not liable for religious discrimination because he made an effort to accommodate LaTonya's religious practice.

Question 10

The size of the employer's workforce is one of the factors considered when determining whether an employer has made a good faith effort to provide a religious accommodation to an employee.

Question 11

To prove that her/his beliefs are a religion for purposes of Title VII, an employee must show
(I) that she/he is a member of an organized established church with other followers.
(II) that her/his beliefs occupy the same place in his/her life as an orthodox belief in God would in the life of someone else.
(III) that her/his religion was a motivating factor in the adverse employment action.

A) I & II
B) II & III
C) III only
D) All of the choices are correct.

Question 12

If there is more than one reasonable accommodation available to accommodate an employee's religious practices, an employer must select the accommodation that is the most reasonable.

Question 13

A religious organization may discriminate in hiring based on gender without violating Title VII.

Question 14

A religious organization will generally be exempt from the prohibitions in Title VII:

A) even in instances where the employment is in an area of purely non-sectarian activities.
B) unless it is a purely secular organization.
C) except in instances where the employment is in an area of purely sectarian activities.
D) if it is relieved of such obligations by the EEOC.

Question 15

Cara has been employed by Dalton Department Store for 10 years as a sales associate in the women's department. After she became a Muslim, she decided to wear a burka, a full-body cloak, with a small mesh-like screen to see through. When she reported for work wearing burka, her employer told her that she was in violation of the company's dress policy. Cara was told to change her clothes or go home. Cara refused to change her clothes and left. She was contacted by her employer later that day and was told that she could continue to work for the company in the stock room at no reduction in pay.

A) Dalton Department Store has no liability under Title VII because Cara was offered a reasonable accommodation.
B) Cara has an actionable claim under Title VII because she was demoted and adverse employment actions are not considered reasonable accommodations.
C) Dalton Department Store is liable for religious discrimination because there was no evidence that their customers would have been offended by Cara's clothing.
D) Cara does not have an actionable claim for religious discrimination because she was aware of the grooming policy before she decided to follow the Muslim religion.

Question 16

Trina must inform her employer of her religious practices before an employer has a duty to accommodate them.

Question 17

Under Title VII, the worshiping of a deity is required in order for a belief to be considered a religion.

Question 18

Atheism cannot be considered the equivalent of a "religion" for purposes of Title VII.

Question 19

Saint Anne's Day School is affiliated with and supported by the Catholic Church. Mandy is a born again Southern Baptist. She applied for a job at the school as minister of music. Mandy was not hired. She filed a claim for religious discrimination. Saint Anne's will not be held liable under Title VII.

Question 20

Title VII requires employers to accommodate an employee's religious practices and beliefs

A) provided that the employee can produce a member of the clergy who will vouch for the religious practices and beliefs.
B) to the extent that it does not cause undue hardship.
C) to the extent that the religion is recognized by society.
D) All of the choices are correct.

Question 21

Porter seeks accommodation for a religious practice unique to the Heavenly Masters religion. Porter's employer has never heard of this religion. In order to determine whether Porter's demand for accommodation is truly based on religion, the employer must determine whether:

A) Porter joined the religion before or after commencing employment.
B) it is a registered religion.
C) it is based on a closely-held belief, and whether the belief occupies the place of religion in the employee's life.
D) it is based on a popularly-held belief, and whether the belief occupies the place of religion in the employee's life.

Question 22

Lucinda was a member of the Christian Science church. Paulette was a born-again Christian. They sat next to each at work. Paulette left a flyer for her church revival on Lucinda's desk. Paulette also emailed bible verses to Lucinda and invited her to worship service every Sunday, telling her that she should go to a real church because she was such a nice girl. Lucinda asked Paulette to stop but Paulette responded that her religion required her to save lost souls. Lucinda complained to her supervisor about Paulette's witnessing to her.

A) Lucinda does not have a claim under Title VII because Paulette's actions are not based on an evil motive.
B) Lucinda may have a claim under Title VII if she can prove that Paulette's behavior was severe or pervasive and management did not take prompt or effective corrective action after it was reported to them.
C) Paulette's First Amendment right to freedom of religion is superior to Lucinda's claim under Title VII.
D) Lucinda needs to stop being so sensitive about religious matters.

Question 23

Delilah is a librarian at a university that is operated by a religious organization. The tenets of the religious organization oppose the use of alcoholic beverages. Delilah opens a bar near the university. Her supervisor tells her that she will lose her job as a librarian unless she closes the bar or sells her interest in it. Delilah is fired and brings a case alleging religious discrimination.

A) Delilah will prevail because the university made no effort to reasonably accommodate her.
B) Delilah will prevail because selling alcoholic beverages is a legal business.
C) The university will prevail because operating a bar is not a religious practice.
D) The university will prevail because as a religious institution it is exempt from the provisions of Title VII.

Question 24

Mahinder, a practicing Sikh, is hired by Octagonian Steel Fabricators as a forklift driver. Occupational safety regulations and company rules require all employees in the plant to wear a hardhat. Mahinder refuses to wear the hardhat because he is unwilling to cover his turban. Octagonian fires Mahinder, who brings a case under Title VII in which he alleges discrimination based on religion.

A) Octagonian will prevail because compromising safety is an undue hardship.
B) Mahinder will prevail because a turban is enough of a head covering to protect his head.
C) Mahinder should ask a Sikh priest for a special dispensation to wear the hard hat because an employee has a duty to try to cooperate with the employer.
D) Mahinder will prevail because Octagonian management are ignorant about the Sikh religion.

Question 25

An individual who does not belong to a religious organization:

A) is unprotected by Title VII against religious discrimination.
B) may not claim the right to reasonable accommodation of her religious practices.
C) may nevertheless claim the right to reasonable accommodation of her religious practices if it falls under the protection of the Free Exercise Clause of the Constitution.
D) may nevertheless claim the right to reasonable accommodation of her religious practices.

Question 26

At the law firm of Olde & Waize, it is the receptionist's job to coordinate a monthly birthday celebration, which includes ordering and picking up the cake, putting up the birthday flyers and setting up and cleaning up the room afterwards. Harold is the new receptionist. He informs Ms. Olde that he cannot coordinate the birthday celebrations because his religion doesn't believe in birthday celebrations.
I) Olde & Waize should cease the practice of having birthday celebrations even if it makes the other employees angry.
II) Olde & Waize can accommodate Harold by assigning the coordination of birthday celebrations as additional duties for another employee.
III) Olde & Waize can accommodate Harold by having him set up and clean up the room, similar to what would be done for any other event or meeting with food, while assigning other employees to order and pick up the cake and put up the birthday fliers.
IV) Olde & Waize can ask other employees to volunteer to take on all of the birthday party tasks so that Harold can be accommodated.

A) I.
B) II.
C) III & IV.
D) None of the choices is correct.

Question 27

Caroline has been working for Segal Paper Co. for five years, when she undergoes a profound religious conversion experience. Prior to that experience, she had not been a member of any religion. Her new found religion requires that she not work in close proximity to unmarried males. She works on an assembly line, where many positions are occupied by men. Must her employer accommodate this after-acquired religious restriction?

A) No, because an employer is only required to accommodate those religious beliefs that existed at the time the employer made the decision to employ an individual.
B) Yes, because all religious practices must be accommodated.
C) Yes, unless it causes an undue hardship on the employer.
D) No, because this religious practice has no basis in established theology.

Question 28

Title VII makes it unlawful for an employer to make employment decisions that discriminate based on religion

A) and like prohibitions against race and gender discrimination, this is an absolute prohibition.
B) and unlike prohibitions against race and gender discrimination, this is not an absolute prohibition.
C) and the employer can discriminate against an individual based on religion if there is a compelling reason to do so.
D) None of the choices are correct.

Question 29

As it is used in Title VII, the term "religion":

A) refers to established, well-recognized religions.
B) includes all aspects of religious observance and practice, as well as belief.
C) excludes cults.
D) includes all aspects of religious observance and practice, except atheism.

Question 30

Charity Hospital has 15 Muslim employees in the maintenance department. The hospital had a designated room for their Muslim employees to comply with their religious practice of praying 5 times daily located in the basement. Muhammad, a new employee, refused to use the room in the basement because he felt it degraded his religion to be relegated to the basement. Muhammad used the 3^rd floor visitor waiting room 3 times per day to pray. His supervisor asked him not to pray in the visitor waiting room. Muhammad continued to use the waiting room and he was fired.

A) Muhammad has a claim for religious discrimination because Charity Hospital unreasonably failed to accommodate his religious practice by allowing him to pray where he felt comfortable.
B) Muhammad does not have a claim for religious discrimination because the room in the basement was not a reasonable accommodation.
C) Muhammad does not have a claim for religious discrimination because he had a duty to cooperate in the accommodation.
D) Muhammad does not have a claim for religious discrimination because the other employees participated in the accommodation.

Question 31

Bob's Pizza requires his employees to take two extra 10 minute prayer breaks per shift in a special room with a statue of Jesus on the cross. Bob has provided this room especially for this purpose. Dylan is an atheist and doesn't pray. He complains because he thinks these breaks are a waste of his time and he would just as soon stay at his desk.

A) Bob's Pizza is not liable for religious discrimination because there is no organized prayer service.
B) Bob's Pizza is not liable for religious discrimination because Dylan is paid for the two extra breaks and he doesn't have to do any work.
C) Bob's Pizza may be liable for discrimination if allowing Dylan to skip the breaks in the special room can accommodate his religious beliefs without being an undue hardship for the company.
D) Bob's Pizza could accommodate Dylan's beliefs by removing the cross from the wall and allowing employees to meditate instead of praying during the two breaks.

Question 32

Belinda's religion prohibits paying union dues. She was recently hired as a truck driver by Open Highway Transportation, Inc., where all drivers belong to a union and all newly hired drivers are required to join within 90 days of accepting employment. Belinda refuses to join the union and asks that the requirement be waived for her. The union refuses and requests that Open Highway terminate Belinda. Belinda will not be entitled to accommodation of her religious beliefs

A) because it will open the door for employees who simply don't like unions to voice disingenuous religious objections to avoid paying fair-share fees.
B) because she should have asked about union security requirements when she applied for the job.
C) if the union can establish hardship by showing that that Belinda's request is part of a widespread refusal to pay union dues.
D) because this violates the Establishment Clause ensuring governmental neutrality in matters of religion.

Question 33

An employer's duty to accommodate the religious practices of an employee is limited by:

A) the concepts of reasonableness and undue hardship.
B) the degree to which the religion involved is widely recognized.
C) the First and Fourteenth Amendments to the U.S. Constitution.
D) expectations and demands by the employee.

Question 34

handing customers birth control orders. These tasks were assigned to other pharmacists. After starting work, Waldo demanded more accommodations. He refused to transfer phone calls from patients seeking contraception, leaving them on hold indefinitely and he walked away from birth-control patients at the pharmacy counter without notifying other staff that customers needed assistance. The manager then offered to relieve him of counter duty, but could not relieve him from telephone duty as the high volume of calls mandated that all employees answer the telephone. Waldo refused and he was terminated.

A) Waldo can show a violation of Title VII's religious accommodation requirement because One Stop knew he would not perform any activity relating to providing contraceptives when it hired him.
B) Waldo did not cooperate with One Stop's attempt to accommodate him and One Stop can show undue hardship because requiring other employees to assume a disproportionate share of the workload would be an undue hardship.
C) Waldo can show a violation of Title VII's religious accommodation requirement because, other than matters involving contraception, he was an exemplary employee.
D) One Stop cannot show undue hardship because providing contraception is a small part of the services by a pharmacy.

Question 35

Kawanda is a practicing Muslim and police officer. She requests that her employer, the Gotham City Police Department, allow her to wear a khimar (a form of headscarf that extends to the waist) along with her uniform. The police department denies her request as a violation of the police department's uniform regulation, which specifically bars police officers in uniform from wearing religious dress or symbols under all circumstances and makes no medical or secular exceptions. After the denial, Kawanda appeared to work wearing a khimar on three separate occasions and was sent home each time and then suspended. Kawanda files a complaint of religious discrimination.

A) Kawanda will prevail because the EEOC has successfully won at least one case of religious discrimination when an employer refused to allow a Muslim woman to wear a headscarf.
B) Kawanda will prevail because the police department did not offer her a reasonable accommodation.
C) Kawanda will not prevail because the police department can demonstrate that it would suffer an undue hardship if required to accommodate the Kawanda because the uniform regulations were designed to maintain religious neutrality, promote the need for uniformity, enhance cohesiveness, cooperation, and the esprit de corps of the police force.
D) Kawanda will not prevail because most citizens will not approve of a police officer wearing a long headscarf.

Question 36

Shayna, a Jewish female, applied for a baker's job with the Golden Crust Bakery. After Shayna was hired, she told her manager at Golden Crust that she could not work on Friday night, because the Jewish Sabbath begins on Friday night. The manager replied that all the other bakers worked on Friday night and if she refused she'd be fired.

A) Shayna has a claim for religious discrimination because Golden Crust failed to make an effort to accommodate her religious practice.
B) Shayna does not have a claim for religious discrimination because she did not inform Golden Crust that she was Jewish when she applied for the job.
C) Shayna does not have a claim for religious discrimination because she did not provide a suggestion as to how her religious practice could be accommodated.
D) None of the choices are correct.

Question 37

In providing reasonable accommodation:

A) an employer is required to select the employee's proposal of reasonable accommodation.
B) an employer is bound by the de minimis limitation.
C) an employer must be willing to guarantee that the employee will never be required to work in violation of the demands of his religious practices.
D) an employer is not required to select the employee's proposal of reasonable accommodation.

Question 38

Ahmad is a pizza delivery driver for Mamma Jo's Pizza. He is Muslim and wears a beard. Mamma institutes a new dress code, which includes a no beard policy for men. Mamma asks Ahmad to shave his beard. He refuses. He files a claim with EEOC and then Mamma fires Ahmad when she finds out.

A) Ahmad's religious discrimination claim is not actionable if he did not tell Mamma he wore a beard for religious reasons, but he has an actionable claim for unlawful retaliation under Title VII.
B) Ahmad's religious discrimination claim is not actionable if he wears his beard as a matter of personal preference, but he has an actionable claim for unlawful retaliation under Title VII.
C) Ahmad has an actionable claim for religious discrimination if he told Mamma he wears his beard for religious reasons and she did not accommodate and he has an actionable claim for unlawful retaliation under Title VII.
D) All of the choices are correct.

Question 39

Grace is a police officer with the Washington County Police Department. Anti-abortion protestors announce that they are going to hold rallies at medical clinics where abortions are performed in Washington County. The police department decides to assign police officers to guard the clinics. Grace tells the chief of police that her strong religious beliefs opposing abortion prevent her from guarding a clinic. The chief tells Grace that he will not assign her to guard a clinic and that she can patrol elsewhere during the rallies. During one of the rallies a riot occurs at one of the clinics and police reinforcements are called to the scene. Grace is one of the officers who is called to assist the officers already guarding the clinic. She refuses to respond to the emergency call and is fired. Grace claims religious discrimination.

A) Grace will prevail because the police department reneged on its offer of a reasonable accommodation.
B) The department will prevail because the department could not excuse her from responding to the emergency call without causing an undue hardship.
C) Grace will prevail because other officers responded to the emergency call.
D) The department will prevail because Grace only told the chief about her aversion to guarding the clinic and did not mention anything about other duties.

Question 40

The duty to reasonably accommodate an employee's legitimate religious practices requires an employer to:

A) find a way to avoid the conflict between workplace policies and an employee's religious practices or beliefs.
B) select the most reasonable accommodation.
C) accept the accommodation preferred by the employee.
D) expend any human and financial resources necessary to meet the employees preferred accommodation.

Question 41

Title VII requires employers to reasonably accommodate an employee's religion and religious practices to the extent that accommodation doesn't cause undue hardship. Discuss the six factors that will be considered by the Courts and EEOC in determining whether the employer's effort to accommodate the employee's religion is successful.

Question 42

Employees at the Clearwater Plumbing Supplies liked to listen to music while they worked in the warehouse. They asked management to hold an election to determine which radio station would be played on the warehouse public address system (PA). The winning station was a Christian music show. After a few weeks of having exclusively Christian radio played over the loud speakers at work, some employees complained to management that this was religious discrimination. Management stopped playing music on the PA and allowed employees to wear headsets or have small radios at their workplace. Arturo, a devout Christian, was extremely disappointed by this change. He brings a complaint under Title VII.

A) Arturo can prevail on a claim of failure to accommodate his religious practices because the complaints by a few employees about playing Christian radio on the PA were not made to the EEOC.
B) Arturo cannot show disparate treatment because the right to listen to a certain kind of music, even that which has been approved of by majority employee vote, is not an adverse employment action.
C) Arturo can prevail on a claim of failure to accommodate his religious practices if he can show that his religion requires that he listen to Christian radio at work.
D) Arturo can show disparate impact because the decision to stop playing Christian radio does not affect non-Christians equally as it affects Christians.

Question 43

Gloria is a supervisor with the Standard Financial Insurance Company. She is a Christian fundamentalist who strongly believes that God is the most important thing in her life. At a company training seminar, all of the attendees were told to make the company their number one priority in life. Gloria was extremely offended and told the trainer that her priorities were God first, then her family and, finally, her job. Following the seminar, she became extremely tense and her work suffered. Some of Gloria's subordinates complained that she was engaging in religious harassment. The complaint was investigated but it was not substantiated and no action was taken against Gloria. She requested and was granted four months of disability leave. While on leave, Gloria started a religious toy business. After she returned to work, she asked for 2 weeks off to attend a religious toy conference in China. Her request was denied due to her extended prior absences and her unit's workload. An audit of her work unit uncovered an error that if not discovered would have cost the company $10,000,000 to correct. Gloria was fired.

A) Gloria can establish disparate treatment based on her religion if she can show that she was treated differently than someone not of her religion who was similarly situated to her at work.
B) Standard Financial can legally motivate its work force by asking its employees to make their jobs their top priority unless there is some actual conflict with Gloria's religion.
C) Gloria's vacation request that was denied was motivated by her economic interest in the toy business rather than by her religion.
D) All of the choices are correct.

Question 44

In Peterson v. Wilmur Communications, Inc., the court found that the claimant's religion, which had beliefs similar to those of the KKK, was:

A) a religion under Title VII because claimant's beliefs were sincerely held and his beliefs functioned as religion in his life.
B) not a religion due to the immoral and unethical nature of the beliefs.
C) not a religion because his church espoused evil.
D) B and C are correct.

Question 45

How is Title VII's prohibition against religious discrimination substantively different from its prohibitions against discrimination on the basis of other traits?

Question 46

List and discuss 4 factors considered by the EEOC in determining whether the employer would suffer an "undue hardship." Your discussion should include examples.

Question 47

Lynette Hines is employed by Irvin Industries. She recently became a Seven Day Adventist and has informed her employer that she can no longer work on Saturday. Irvin Industries makes seat cushions for air planes and is a relatively small operation. While Saturday is not a regular work day, frequently employees are required to work on Saturday and they are informed of this condition of employment during the hiring process. Lynette is told by her supervisor that if the plant is operating on a Saturday, she will have to be there unless she is sick. He explained to Lynette that he had no one to do her job and her absence would slow down production. The following Saturday, Lynette failed to report to work and she was fired. She filed a claim for religious discrimination under Title VII. Discuss this case from Irvin Industries' perspective.

Question 48

Hadad Muhammad Abdulrahman Ibrahim applied for a job as a maintenance technician with Jones Property Management. He also applied for a job as a property manager with Jones. His resume indicated that he was born in Syria and spoke Arabic. It also listed his prior employment including time spent working for the Syrian government as a mechanical engineer on a large project building bridges and in the Syrian military as a logistics officer at a repair depot for armored vehicles. He was not selected for either job. Hadad brings a case claiming discrimination based on his Muslim religion.

A) Hadad can establish a prima facie case of discrimination based on religion because he applied for the job, he was not selected, someone not of his religion was selected and the employer knew he was born in Syria.
B) Hadad can establish a prima facie case of discrimination based on religion because he applied for the job, he was not selected, someone not of his religion was selected and the employer knew he spoke Arabic.
C) Hadad can establish a prima facie case of discrimination based on religion because he applied for the job, he was not selected, someone not of his religion was selected and the employer knew he worked for the Syrian Government and was in the Syrian military.
D) None of the choices are correct.

Question 49

The elements of a prima facie case of religious discrimination for disparate treatment and for failure to accommodate are different. What are the requirements for each?

Question 50

Saddam works as a desk clerk for the So Suite Hotel Company. The company has rules for its employees, such as being on time for work, taking bathroom breaks on a specific schedule and observing certain dress codes, including the requirement that male employees be clean shaven. Saddam has had some difficulties following the rules. He has been late and his excuses have not been valid. He has taken bathroom breaks without following the schedule. Now Saddam shows up for work with a three day growth of beard. His manager tells him that he is in violation of the grooming policy. Saddam says that he has a new religious belief and it requires that he grow a beard. The manager tells him that he is tired of Saddam not following the rules and having lame excuses. Saddam is suspended from work.

A) So Suite is required to make a reasonable accommodation for Saddam based on his statement that he must grow a beard for religious reasons.
B) An employer can never challenge whether an employee's belief is sincerely held.
C) So Suite can challenge whether Saddam's belief is sincerely held because of his history of violating workplace rules and having bad excuses.
D) So Suite can be liable for disparate treatment discrimination because it bases its refusal to accommodate Saddam on his past work history.

Question 51

A gospel megachurch is seeking a meteorologist for its evening television news program on cable TV. Melody Goode applies. She has a degree in meteorology from the state university where the network has its news studio and she has 11 years of experience as a TV meteorologist. She interviews for the job and is hired. Two days before she is scheduled to begin work at the network, she is told that she will not get the job because she does not belong to the church that presents the news program. Melody brings a claim of discrimination. Her claim will be decided based on whether

A) the sole reason she did not get the job was her religion.
B) religion is a BFOQ reasonably necessary to the normal operation of the gospel megachurch because propagation of the gospel religion is an integral part of the television news program.
C) operation of a radio or television station is a religious activity.
D) a weather forecast is a religious activity.

Question 52

Gotam Bhagwat was employed by the Daffodil & Chrome Restaurant as a waiter. He is a devout member of the Hindu religion. Daffodil & Chrome is a popular location for banquets. During his employment at the restaurant, Gotam had been warned about unprofessional behavior because he had gotten into an argument with a customer over a tip and been found to have sexually harassed a co-worker. He was suspended for 9 days and warned that any future acts of unprofessional conduct could result in termination. While preparing a banquet hall for a wedding, he sprayed a swastika on a mirror with a foam mirror-cleaning solution. When confronted about this incident by management, Gotam claimed that the swastika was a symbol of good luck in the Hindu religion, and that he sprayed it to convey good wishes to the bride and groom. Prior to this incident Gotam never told his employer about his Hindu religious practices. Daffodil & Chrome fired Gotam. Daffodil & Chrome

A) will be liable to Gotam for failing to offer a reasonable accommodation to his religious practice.
B) will have many years of bad luck for firing a religious Hindu because he created a swastika.
C) could not reasonably accommodate Gotam's use of the swastika because he did not tell them about his religious practices and beliefs until after the incident at the wedding.
D) should have told Gotam that the swastika is a hate symbol in the United States.

Question 53

MaryJo is a very religious woman. She takes every opportunity to propagate her religion at work, in social gatherings, and even at the mall. In fact, one of the central tenets of her religion is that salvation is dependent upon her converting as many people as she can. Her coworkers, however, have begun to be annoyed at her incessant preaching, and her employer has begun to notice that the only way work gets done is for coworkers to engage in elaborate schemes to avoid being in her presence. Her employer admonishes her to stop proselytizing at work. She offered, instead, to simply limit her proselytizing to certain hours of the day. Her employer declined, and told her that she was being paid to work, not to preach. When MaryJo refuses to accede to her employer's wishes, she is fired. She files a claim with the EEOC, alleging that her employer failed to accommodate her religious beliefs. Evaluate the merit of her claim.