Deck 11: Religious Discrimination
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Deck 11: Religious Discrimination
1
Courts have determined that requiring an employee to join a union does NOT violate Title VII,even though joining the union is against his or her religious beliefs.
False
Explanation: Courts have ruled that union security agreements requiring that employees pay union dues within a certain time after the effective date of their employment or be discharged does not violate an employee's First Amendment rights. However, it violates Title VII for an employer to discharge an employee for refusal to join the union because of his or her religious beliefs.
Explanation: Courts have ruled that union security agreements requiring that employees pay union dues within a certain time after the effective date of their employment or be discharged does not violate an employee's First Amendment rights. However, it violates Title VII for an employer to discharge an employee for refusal to join the union because of his or her religious beliefs.
2
If an employee develops a religious conflict during the course of his employment (i.e.,it was not present when he first worked for the employer),then the employer is under no duty to find an accommodation for that employee's religious belief.
False
Explanation: Employers often ask, "Must I accommodate the employee's religious conflict if the conflict did not exist when the employee was hired?" The answer is yes. The duty attaches to the conflict itself, not to when the conflict arises. Legally, it does not matter whether the conflict was present when the applicant was hired or arose later; there is still a duty on the employer to attempt to accommodate the religious conflict.
Explanation: Employers often ask, "Must I accommodate the employee's religious conflict if the conflict did not exist when the employee was hired?" The answer is yes. The duty attaches to the conflict itself, not to when the conflict arises. Legally, it does not matter whether the conflict was present when the applicant was hired or arose later; there is still a duty on the employer to attempt to accommodate the religious conflict.
3
Employers need to be concerned with the possibility of religious harassment in the workplace -for example,nonreligious employees complaining that they are being harassed by religious employees.
True
Explanation: Title VII prohibits religious discrimination, and it also prohibits religious harassment. EEOC guidelines on liability for workplace harassment explicitly cover religious harassment. In order to best prevent liability for religious harassment, employers should be sure to protect employees from those religious employees who attempt to proselytize others who do not wish to be approached about religious matters, as well as to protect employees with permissible religious practices who are given a hard time by those who believe differently.
Explanation: Title VII prohibits religious discrimination, and it also prohibits religious harassment. EEOC guidelines on liability for workplace harassment explicitly cover religious harassment. In order to best prevent liability for religious harassment, employers should be sure to protect employees from those religious employees who attempt to proselytize others who do not wish to be approached about religious matters, as well as to protect employees with permissible religious practices who are given a hard time by those who believe differently.
4
For an employer to be required to accommodate a religious conflict,the employee's underlying belief must be:
A) a belief in a recognized religious deity
B) known to the employer, or one the employer previously encountered
C) a sincerely held belief of the employee based on the employer's questioning and independent investigation
D) none of the above
A) a belief in a recognized religious deity
B) known to the employer, or one the employer previously encountered
C) a sincerely held belief of the employee based on the employer's questioning and independent investigation
D) none of the above
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5
Unions also have a duty to reasonably accommodate an employee's religious conflict.
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6
If other employees are not willing to trade places with the worker who has a religious conflict,the employer may have an argument that an accommodation of that conflict causes undue hardship.
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7
Groups such as the Ku Klux Klan have been determined by the Courts to be religious organizations,and as a result an employer must reasonably accommodate an employee's deeply held belief in the Ku Klux Klan.
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8
LaTonya joins the Freewill Church,and as a member,she is not allowed to wear pants.Her employer,Salo's Seafood,requires all employees to wear coveralls provided by the company for safety reasons.Although LaTonya wore the uniform prior to joining the church,she now refuses to wear the coveralls.She explains to Sal,the owner of the restaurant,that wearing pants is against her beliefs.Sal makes an exception in her case and allows her to wear knee-length boots with a protective jacket,but LaTonya refuses to wear the boots.Sal fires her for insubordination.Which of the following holds true in this case?
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 failing to provide a reasonable alternative.
C) Sal is not liable for religious discrimination because LaTonya's religious practice is not followed by any other employee at the company.
D) Sal is not liable for religious discrimination because he made an effort to reasonably accommodate LaTonya's religious practice.
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 failing to provide a reasonable alternative.
C) Sal is not liable for religious discrimination because LaTonya's religious practice is not followed by any other employee at the company.
D) Sal is not liable for religious discrimination because he made an effort to reasonably accommodate LaTonya's religious practice.
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9
Cara has been a customer service associate at Dalton Department Store for 10 years.Her role involves providing assistance to customers in the store.She converts to Islam and reports to work wearing a hijab,which is a full-body cloak with a small mesh-like screen to see through.Her employer tells her that wearing a hijab violates the company's dress code for her job profile and asks her to change her attire.Cara refuses to oblige.Her employer,after much deliberation,informs her that she can continue to work in the customer service department and provide assistance over the telephone-a role that requires no face-to-face interaction with a customer.This role change is offered to her without any reduction in pay or other benefits.Which of the following is most likely to be true in this case?
A) Dalton Department Store is not liable under Title VII of the Civil Rights Act of 1964 because Cara was offered a reasonable accommodation that allowed her to retain her employment.
B) Cara has an actionable claim under Title VII of the Civil Rights Act of 1964 because of the change in her job profile even though it is not considered an adverse employment action.
C) Dalton Department Store is not liable for religious discrimination for the sole reason that the conflict did not exist at the time when Cara was hired.
D) Cara does not have an actionable claim for religious discrimination because she was aware of the dress code before she decided to convert to Islam.
A) Dalton Department Store is not liable under Title VII of the Civil Rights Act of 1964 because Cara was offered a reasonable accommodation that allowed her to retain her employment.
B) Cara has an actionable claim under Title VII of the Civil Rights Act of 1964 because of the change in her job profile even though it is not considered an adverse employment action.
C) Dalton Department Store is not liable for religious discrimination for the sole reason that the conflict did not exist at the time when Cara was hired.
D) Cara does not have an actionable claim for religious discrimination because she was aware of the dress code before she decided to convert to Islam.
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10
The issue of religion was addressed by Congress in the 1972 amendments to Title VII of the Civil Rights Act of 1964.
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11
An employee who has a religious conflict has no duty to assist with their employer's attempt to accommodate the conflict.
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12
Title VII includes a duty to reasonably accommodate conflicts arising from which of the following protected categories?
A) religion
B) gender
C) national origin
D) all of the above
A) religion
B) gender
C) national origin
D) all of the above
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13
Atheism cannot be considered the equivalent of a religion for the purposes of Title VII (of the Civil Rights Act of 1964).
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14
One of the factors that the courts will look at when deciding if an employer has reasonably accommodated an employee's religious conflict is whether other employees are willing to assist in the accommodation.
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15
In deciding whether an employer has made a good faith attempt to accommodate a religious conflict,the EEOC and the courts will look to factors including all of the following except:
A) Did the employer attempt an accommodation?
B) What is the cost of the accommodation?
C) Did the employee agree to the accommodation?
D) How many employees does the employer have?
A) Did the employer attempt an accommodation?
B) What is the cost of the accommodation?
C) Did the employee agree to the accommodation?
D) How many employees does the employer have?
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16
An employee may successfully sue for religious discrimination on the basis of all of the following except:
A) the employee is terminated because the employee refuses to work on a particular day because it is their Sabbath
B) the employee believes their religion requires them to dress in a particular way and they are terminated for not following the employer's dress code
C) the employee refuses to pay employment-based taxes because they believe that the government does not have the right to collect them
D) the employee is denied a request to take certain days off that represent religious holidays
A) the employee is terminated because the employee refuses to work on a particular day because it is their Sabbath
B) the employee believes their religion requires them to dress in a particular way and they are terminated for not following the employer's dress code
C) the employee refuses to pay employment-based taxes because they believe that the government does not have the right to collect them
D) the employee is denied a request to take certain days off that represent religious holidays
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17
Title VII (of the Civil Rights Act of 1964)requires employers to accommodate an employee's religious practices and beliefs:
A) provided 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) provided the employee gives an assurance in writing that his or her practices will not affect the policies of the company.
A) provided 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) provided the employee gives an assurance in writing that his or her practices will not affect the policies of the company.
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18
An employer can satisfy the undue hardship requirement with respect to an accommodation of a religious conflict if the employer can show that the accommodation is merely inconvenient.
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19
The prohibition against discrimination on the basis of religion,under Title VII of the Civil Rights Act of 1964,is absolute.
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20
Which of the following statements is true about religious organizations and reasonable accommodation of religious conflicts?
A) Religious organizations generally can discriminate on the basis of religion since religion is recognized as BFOQ reasonably necessary to the normal operation of the business.
B) Religious organizations need to be concerned with the reasonable accommodation of religious conflicts in the same way that other businesses are.
C) Religious organizations cannot discriminate on the basis of religion, but their status as a religious organization factors heavily into what is considered a reasonable accommodation of a religious conflict.
D) Religious organizations must strike a balance between the beliefs that are core to their religion and an employee's right to their own religious beliefs.
A) Religious organizations generally can discriminate on the basis of religion since religion is recognized as BFOQ reasonably necessary to the normal operation of the business.
B) Religious organizations need to be concerned with the reasonable accommodation of religious conflicts in the same way that other businesses are.
C) Religious organizations cannot discriminate on the basis of religion, but their status as a religious organization factors heavily into what is considered a reasonable accommodation of a religious conflict.
D) Religious organizations must strike a balance between the beliefs that are core to their religion and an employee's right to their own religious beliefs.
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21
To prove that one's beliefs are a religion for purposes of Title VII (of the Civil Rights Act of 1964),an employee must show that:
A) he or she is a member of an organized, established religion with other followers.
B) his or her beliefs occupy the same place in his or her life as an orthodox belief in God would in the life of someone else.
C) his or her religion was not a motivating factor in an adverse employment action.
D) he or she worships God in the form of a deity in a religious organization.
A) he or she is a member of an organized, established religion with other followers.
B) his or her beliefs occupy the same place in his or her life as an orthodox belief in God would in the life of someone else.
C) his or her religion was not a motivating factor in an adverse employment action.
D) he or she worships God in the form of a deity in a religious organization.
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22
In providing reasonable accommodation,courts have found that it is an undue hardship for the employer if he or she:
A) is required to consider the employee's proposal while deciding on reasonable accommodation.
B) has to pay more than a de minimis cost to replace a worker who has religious conflicts.
C) has harmonious relations with the senior employees who will be party to a valid collective bargaining agreement.
D) comes across another employee who is more than willing to trade places with the employee who has the religious conflict.
A) is required to consider the employee's proposal while deciding on reasonable accommodation.
B) has to pay more than a de minimis cost to replace a worker who has religious conflicts.
C) has harmonious relations with the senior employees who will be party to a valid collective bargaining agreement.
D) comes across another employee who is more than willing to trade places with the employee who has the religious conflict.
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23
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 a cake,putting up birthday flyers,setting up the break room,and cleaning the break room after the party.Harold,the new receptionist,informs Ms.Olde that he cannot coordinate birthday celebrations because his religion does not believe in them.Which of the following is the most reasonable way to accommodate Harold's conflict without causing undue hardship?
A) Olde & Waize can accommodate Harold by ceasing the practice of having birthday celebrations even if it makes the other employees unhappy.
B) Olde & Waize can assign the coordination of birthday celebrations as additional duties to another employee even if the other employee is unhappy about the decision.
C) Olde & Waize can have Harold set up and clean up the break room, similar to what would be done for any other event or meeting with food, while assigning other willing employees to order and pick up the cake and put up birthday flyers.
D) Olde & Waize can ask other willing employees to take on all of the birthday party tasks in return for cash that is more than a de minimis cost and deduct this cost from Harold's salary.
A) Olde & Waize can accommodate Harold by ceasing the practice of having birthday celebrations even if it makes the other employees unhappy.
B) Olde & Waize can assign the coordination of birthday celebrations as additional duties to another employee even if the other employee is unhappy about the decision.
C) Olde & Waize can have Harold set up and clean up the break room, similar to what would be done for any other event or meeting with food, while assigning other willing employees to order and pick up the cake and put up birthday flyers.
D) Olde & Waize can ask other willing employees to take on all of the birthday party tasks in return for cash that is more than a de minimis cost and deduct this cost from Harold's salary.
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24
Gotam,a devout Hindu,was employed as a waiter by Daffodil & Chrome Restaurant,a popular location for banquets.On a day when a banquet was held for VIPs,he turned up for work with a religious symbol,applied using sandalwood paste,on his forehead.When confronted about this by the manager,Gotam claimed that the symbol was a sign of good luck in Hinduism,and he had informed the management of his religious belief at the time of joining.The manager at Daffodil & Chrome fired him.Gotam can show a prima facie case by establishing that:
A) Daffodil & Chrome had previously fired employees for their religious beliefs and practices.
B) Daffodil & Chrome failed to offer a reasonable accommodation.
C) the practice of placing the symbol on his forehead is part of his religion, he had earlier informed Daffodil & Chrome about his religious conflict, and he was disciplined for not complying with the employment requirement.
D) he was never told by Daffodil & Chrome that the religious symbol he used was a hate symbol in the United States.
A) Daffodil & Chrome had previously fired employees for their religious beliefs and practices.
B) Daffodil & Chrome failed to offer a reasonable accommodation.
C) the practice of placing the symbol on his forehead is part of his religion, he had earlier informed Daffodil & Chrome about his religious conflict, and he was disciplined for not complying with the employment requirement.
D) he was never told by Daffodil & Chrome that the religious symbol he used was a hate symbol in the United States.
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25
Prices Rite,a discount store,employs a number of individuals to work in its warehouse area,and to keep the shelves stocked with product.To maintain a safe atmosphere for all employees,Prices established requirements for personal protective equipment both in the warehouse and on the store floor.While in the warehouse,employees must wear hard hats,steel-toed safety shoes,and protective gloves.While stocking the sales floor,employees are required to wear only the steel-toed safety shoes and protective gloves (for frozen products only).Harjit,a practicing Sikh,works for Prices and is subject to the safety requirements.Harjit complies,except that he often does not wear the hard hat because he doesn't want to cover his turban.Harjit received several disciplinary charges for failure to wear the hard hat,and ultimately was terminated.Harjit filed a case under Title VII in which he alleged discrimination based on religion.What is the most likely outcome in this case?
A) Prices may win if there was no available alternative to dismissal that did not cause undue hardship.
B) Harjit may win because Prices management should have taken the time to become familiar with the Sikh religion and the importance of a turban.
C) Prices may win because employees have a duty to follow company rules at all times, regardless of their religious beliefs.
D) Harjit may win because the turban is an integral part of his religion, and besides it is a head covering that serves much the same safety purpose as a hardhat.
A) Prices may win if there was no available alternative to dismissal that did not cause undue hardship.
B) Harjit may win because Prices management should have taken the time to become familiar with the Sikh religion and the importance of a turban.
C) Prices may win because employees have a duty to follow company rules at all times, regardless of their religious beliefs.
D) Harjit may win because the turban is an integral part of his religion, and besides it is a head covering that serves much the same safety purpose as a hardhat.
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26
Which of the following are factors that the Courts and the EEOC will consider when determining whether the employer has indeed reasonably accommodated the employee's religious belief?
A) The type of job where the conflict exists.
B) The willingness of other employees to assist in the accommodation.
C) The cost of the accommodation.
D) All of the above.
A) The type of job where the conflict exists.
B) The willingness of other employees to assist in the accommodation.
C) The cost of the accommodation.
D) All of the above.
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27
Shayna,a Jewish woman,applied for a baker's job with the Golden Crust Bakery.After she was hired,Shayna told her manager at Golden Crust that she could not work on Friday night because the Sabbath begins on Friday night.The manager replied that she was the only Jewish baker,and all of the other bakers work on Friday night.He also added that she would be fired if she refused to comply with company policies.Which of the following is most likely to be true in this case?
A) Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably 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) Shayna has a claim for religious discrimination because Golden Crust has no other Jewish employees.
A) Shayna has a claim for religious discrimination because Golden Crust failed to make an attempt to reasonably 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) Shayna has a claim for religious discrimination because Golden Crust has no other Jewish employees.
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28
Charity Hospital has 20 Muslim employees in its maintenance department.The hospital has a designated room in the basement for its Muslim employees to follow their practice of praying five times a day.Muhammad,a new employee,refused to use the room in the basement because he felt it degraded his religion.He instead used the visitors' waiting room on the third floor to pray in spite of his supervisor asking him not to pray there.Consequently,he was fired.Which of the following is most likely to be true in this case?
A) Muhammad has a claim for religious discrimination because Charity Hospital unreasonably failed to accommodate his religious practice by prohibiting him from praying where he felt comfortable.
B) Muhammad has 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 by the employer.
A) Muhammad has a claim for religious discrimination because Charity Hospital unreasonably failed to accommodate his religious practice by prohibiting him from praying where he felt comfortable.
B) Muhammad has 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 by the employer.
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29
In Peterson v.Wilmur Communications,Inc.,the employer demoted an employee after he appeared in a newspaper article describing his involvement in a religion that espouses racial separation much like the Ku Klux Klan.In this case,the court determined that the claimant's faith was:
A) a religion under Title VII of the Civil Rights Act of 1964, as unorthodox, and even as repulsive, as it was.
B) not a religion under Title VII of the Civil Rights Act of 1964 due to it being so unorthodox and repulsive in nature.
C) not a religion under Title VII of the Civil Rights Act of 1964 because it espoused racial separation, which violated Title VII.
D) a religion under Title VII of the Civil Rights Act of 1964 because the claimant engaged in deity worship, a prerequisite to recognize any religious practice.
A) a religion under Title VII of the Civil Rights Act of 1964, as unorthodox, and even as repulsive, as it was.
B) not a religion under Title VII of the Civil Rights Act of 1964 due to it being so unorthodox and repulsive in nature.
C) not a religion under Title VII of the Civil Rights Act of 1964 because it espoused racial separation, which violated Title VII.
D) a religion under Title VII of the Civil Rights Act of 1964 because the claimant engaged in deity worship, a prerequisite to recognize any religious practice.
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30
Porter seeks reasonable accommodation for a religious practice unique to the Heavenly Masters religion.Porter's employer has never heard of such a religion.In order to determine whether Porter's demand for accommodation is truly based on religion,his employer must determine whether Porter's:
A) religion was adopted before or after commencing employment.
B) religion is a registered religion with a substantial number of followers.
C) belief is closely held, and whether it occupies the place of religion in his life.
D) belief is popular and whether it occupies the place of religion in his life.
A) religion was adopted before or after commencing employment.
B) religion is a registered religion with a substantial number of followers.
C) belief is closely held, and whether it occupies the place of religion in his life.
D) belief is popular and whether it occupies the place of religion in his life.
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31
As was introduced through the 1972 amendments to Title VII (of the Civil Rights Act of 1964),the term religion:
A) refers only to established, well-recognized religions that do not cause undue hardship to the employer.
B) includes all aspects of religious observance and practice but not belief.
C) includes all aspects of religious observance and practice, as well as belief, that do not cause undue hardship to the employer.
D) includes all aspects of religious observance and practice except atheism.
A) refers only to established, well-recognized religions that do not cause undue hardship to the employer.
B) includes all aspects of religious observance and practice but not belief.
C) includes all aspects of religious observance and practice, as well as belief, that do not cause undue hardship to the employer.
D) includes all aspects of religious observance and practice except atheism.
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32
Walden,a pharmacist,informed the pharmacy manager during his job interview that he would not provide contraceptives as it was against his religious beliefs.The pharmacy manager agreed to accommodate Walden by relieving him of the duty of filling birth control prescriptions and taking orders for birth control drugs from customers or physicians.These tasks were assigned to other pharmacists even though they were reluctant to take on additional responsibilities.After starting work,Walden demanded more accommodations.He refused to transfer phone calls from patients seeking contraception,leaving them on hold indefinitely,and he walked away from people who asked for birth control drugs at the pharmacy counter without notifying other staff that those 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.Walden refused to accept his role change.As a result,he was terminated.Which of the following is most likely to be true in this case?
A) Walden can show a violation of Title VII's (of the Civil Rights Act of 1964) religious accommodation requirement because the manager knew he would not perform any activity relating to providing contraceptives when he hired Walden.
B) The manager can show undue hardship in requiring other employees to assume a disproportionate share of the workload.
C) Walden can show a violation of Title VII's (of the Civil Rights Act of 1964) religious accommodation requirement because, other than matters involving contraception, he was an exemplary employee.
D) The manager cannot show undue hardship because providing contraception is a small part of the services by a pharmacy.
A) Walden can show a violation of Title VII's (of the Civil Rights Act of 1964) religious accommodation requirement because the manager knew he would not perform any activity relating to providing contraceptives when he hired Walden.
B) The manager can show undue hardship in requiring other employees to assume a disproportionate share of the workload.
C) Walden can show a violation of Title VII's (of the Civil Rights Act of 1964) religious accommodation requirement because, other than matters involving contraception, he was an exemplary employee.
D) The manager cannot show undue hardship because providing contraception is a small part of the services by a pharmacy.
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33
Sally is a cashier at Local Goods,a large regional grocery store.To track time and attendance,Local Goods requires its cashiers to sign in and out at the cash registers using a biometric hand scanner.This allows Local Goods to determine hours worked,break times,etc.Sally is an Evangelical Christian and objects to use of the biometric hand scanner.In spite of having alternate procedures in place for cashiers who are not able to use the hand scanners due to physical limitations,Local Goods refuses to allow Sally to use an alternate method to sign in and out.After several weeks of noncompliance,and complaints from Sally that her paycheck is incorrect,she is terminated for failure to follow company policy.Sally brings a lawsuit alleging religious discrimination.What is likely to be the result in this case?
A) Local Goods will likely win if it can show that allowing Sally to use an alternative method to sign in and out is inconvenient.
B) Sally will likely win because Sally can prove that her supervisor at Local Goods didn't like her, and wanted her to lose her job.
C) Sally will likely win because she can demonstrate that the conflict is created by a deeply held religious belief that was reported to the employer, and she was terminated as a result.
D) Local Goods will likely win because it can demonstrate that Sally used the scanner a number of times so there is likely not a religious reason for refusing to use it-Sally is just being difficult.
A) Local Goods will likely win if it can show that allowing Sally to use an alternative method to sign in and out is inconvenient.
B) Sally will likely win because Sally can prove that her supervisor at Local Goods didn't like her, and wanted her to lose her job.
C) Sally will likely win because she can demonstrate that the conflict is created by a deeply held religious belief that was reported to the employer, and she was terminated as a result.
D) Local Goods will likely win because it can demonstrate that Sally used the scanner a number of times so there is likely not a religious reason for refusing to use it-Sally is just being difficult.
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34
Bib's Pizza requires all of its employees to take an extra 10-minute prayer break per shift in a special room that contains a crucifix.Dylan,a Bib's employee,is an atheist and does not pray.He complains to the management because he thinks these breaks are a waste of his time,and he prefers to stay at his station.After he complains,he is fired.Which of the following is most likely to be true in this case?
A) Bib's Pizza is not liable for religious discrimination because, as an atheist, Dylan has no religion.
B) Bib's Pizza is not liable for religious discrimination because Dylan is paid for the extra break and he does not have to do any work.
C) Bib's Pizza is liable for religious discrimination under Title VII of the Civil Rights Act of 1964 if it fails to accommodate Dylan's conflict because atheism is considered a religion for Title VII purposes.
D) Bib's Pizza is liable for religious discrimination under Title VII of the Civil Rights Act of 1964 because employers are prohibited from implementing any religious practice at the workplace regardless of whether employees are asked to adopt it or not.
A) Bib's Pizza is not liable for religious discrimination because, as an atheist, Dylan has no religion.
B) Bib's Pizza is not liable for religious discrimination because Dylan is paid for the extra break and he does not have to do any work.
C) Bib's Pizza is liable for religious discrimination under Title VII of the Civil Rights Act of 1964 if it fails to accommodate Dylan's conflict because atheism is considered a religion for Title VII purposes.
D) Bib's Pizza is liable for religious discrimination under Title VII of the Civil Rights Act of 1964 because employers are prohibited from implementing any religious practice at the workplace regardless of whether employees are asked to adopt it or not.
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35
To establish a prima facie case of religious discrimination,a plaintiff must show all of the following except:
A) the employee informed the employer about the religious conflict.
B) the employee was disciplined or discharged for failing to comply with the conflicting employment requirement.
C) the employee holds a sincere religious belief that is in conflict with an employment requirement.
D) the employee complied or attempted to comply with the conflicting employment requirement before discussing the matter with his employer.
A) the employee informed the employer about the religious conflict.
B) the employee was disciplined or discharged for failing to comply with the conflicting employment requirement.
C) the employee holds a sincere religious belief that is in conflict with an employment requirement.
D) the employee complied or attempted to comply with the conflicting employment requirement before discussing the matter with his employer.
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36
In order to accommodate an employee's religion per Title VII of the Civil Rights Act of 1964,an employer:
A) need not previously know of, or have heard of, or approve of the employee's religion.
B) must be convinced that the employee has been practicing the religion before his or her current employment.
C) must be convinced that the employee is a member of an organized religion.
D) need not be informed of the conflict by the employee.
A) need not previously know of, or have heard of, or approve of the employee's religion.
B) must be convinced that the employee has been practicing the religion before his or her current employment.
C) must be convinced that the employee is a member of an organized religion.
D) need not be informed of the conflict by the employee.
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37
Which of the following statements is true about Title VII and a definition of "religion"?
A) Title VII originally included a definition of religion.
B) Title VII was amended in 1972 to include a definition of religion that includes all aspects of religious observance and practice, as well as belief, unless 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.
C) Title VII does not define religion. Courts and the EEOC have developed the working definition that is in use today.
D) Title VII was amended in 1972 to define religion as including aspects of religious observance and practice, unless an employer does not approve or agree with that religion.
A) Title VII originally included a definition of religion.
B) Title VII was amended in 1972 to include a definition of religion that includes all aspects of religious observance and practice, as well as belief, unless 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.
C) Title VII does not define religion. Courts and the EEOC have developed the working definition that is in use today.
D) Title VII was amended in 1972 to define religion as including aspects of religious observance and practice, unless an employer does not approve or agree with that religion.
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38
Which of the following is required of the employer when an employee brings a religious conflict to their attention?
A) Find an accommodation for the employee regardless of the burden or cost to the employer.
B) To accommodate, or attempt to accommodate, the employee's religious conflict unless it creates an undue burden on the employer.
C) To dismiss or ignore the employee's request if the employer believes that accommodating it will be too much of a problem.
D) To convince the employee to drop the matter or face discipline up to and including termination of employment.
A) Find an accommodation for the employee regardless of the burden or cost to the employer.
B) To accommodate, or attempt to accommodate, the employee's religious conflict unless it creates an undue burden on the employer.
C) To dismiss or ignore the employee's request if the employer believes that accommodating it will be too much of a problem.
D) To convince the employee to drop the matter or face discipline up to and including termination of employment.
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39
Employees at Clearwater Plumbing Supplies Inc.asked the management to hold an election to determine which radio station would be played on the warehouse public address (PA)system while they are at work.The winning station was a Christian music show.After a few weeks of having exclusively Christian music played over the loudspeakers at work,some employees complained to the management that it was religious discrimination.The management stopped playing music on the PA system and allowed employees to wear headsets or have small radios at their workplace.Arturo,a devout Christian,was extremely disappointed by this change and brought a complaint under Title VII of the Civil Rights Act of 1964.Which of the following is most likely to be true in this case?
A) Arturo can prevail on a claim of failure to accommodate his religious practices because the complaints by a few employees about playing Christian music on the PA system were not made to the Equal Employment Opportunity Commission (EEOC).
B) Arturo cannot show disparate treatment because prohibiting a certain kind of music at work, even that which has been approved by a 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 there is an increase in employees' productivity if they listen to Christian music played over the loudspeakers.
D) Arturo can show disparate impact because the decision to stop playing Christian radio does not affect non-Christians equally as it affects Christians.
A) Arturo can prevail on a claim of failure to accommodate his religious practices because the complaints by a few employees about playing Christian music on the PA system were not made to the Equal Employment Opportunity Commission (EEOC).
B) Arturo cannot show disparate treatment because prohibiting a certain kind of music at work, even that which has been approved by a 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 there is an increase in employees' productivity if they listen to Christian music played over the loudspeakers.
D) Arturo can show disparate impact because the decision to stop playing Christian radio does not affect non-Christians equally as it affects Christians.
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40
In 1997,President Clinton issued some guidelines for the religious freedom of federal employees.These guidelines encompass all of the following,except:
A) In private work areas (not open to the public), employees should be able to engage in private religious expression to the same extent that they would engage in nonreligious expression.
B) Subject to reasonable restrictions, engage in religious expressions with other employees to the extent that they would engage in nonreligious expression.
C) In public work areas, employees should be able to engage in their private religious expression to the same extent that they would engage in nonreligious expression.
D) May attempt to persuade others to believe in the correctness of their religious views, except when told to stop.
A) In private work areas (not open to the public), employees should be able to engage in private religious expression to the same extent that they would engage in nonreligious expression.
B) Subject to reasonable restrictions, engage in religious expressions with other employees to the extent that they would engage in nonreligious expression.
C) In public work areas, employees should be able to engage in their private religious expression to the same extent that they would engage in nonreligious expression.
D) May attempt to persuade others to believe in the correctness of their religious views, except when told to stop.
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41
Hailey and Mia work for Ladybug Meadow,a popular organic farm.Hailey is a born-again Christian,and her colleague,Mia,is a self-proclaimed atheist.Each day Hailey leaves a flyer for her church in Mia's locker and e-mails Bible verses to her.She also invites her to a church service on Sundays,and a Bible study on Wednesdays.Mia asked Hailey to stop weeks ago,but Hailey continues.Mia went to her supervisor,Max,and asked him to become involved in the situation.What should Max do?
A) Ignore the situation - Hailey and Mia can work this out themselves.
B) Tell Mia to give it a try - attend a service with Hailey.
C) Ask Hailey to stop the harassing behavior because it could lead to liability for Ladybug Meadow.
D) Fire Hailey for harassing Mia.
A) Ignore the situation - Hailey and Mia can work this out themselves.
B) Tell Mia to give it a try - attend a service with Hailey.
C) Ask Hailey to stop the harassing behavior because it could lead to liability for Ladybug Meadow.
D) Fire Hailey for harassing Mia.
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42
List five ways that an employer can avoid conflicts in the workplace based on religious beliefs.
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43
Describe the factors that are necessary to establish a prima facie case of religious discrimination.Describe the burden that shifts to the employer once the prima facie case is established.
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44
C-Thru,a replacement window company,has strict employee requirements including: be on time for work; take breaks only when specified by your supervisor; follow a dress code including black or khaki pants and a navy blue polo shirt; women must wear natural make-up or no make-up and men must be clean-shaven.Sara,a five-year employee of C-Thru,reports to work one day in full make-up.When confronted by her supervisor over this apparent violation of company policy,Sara explains that she has a new religious belief that requires her to wear full make-up.What should C-Thru do in response?
A) C-Thru should make a reasonable accommodation for Sara based on her statement that she must wear full make-up for religious reasons.
B) C-Thru should make sure that Sara's belief is sincerely held, but under no circumstances challenge the belief.
C) C-Thru should challenge Sara's belief because, after all, she's worked there for more than five years and has never had a problem with this policy before.
D) C-Thru should discipline Sara for violating one of the workplace rules. Sara should have discussed the matter with her supervisor before coming to work in full make-up.
A) C-Thru should make a reasonable accommodation for Sara based on her statement that she must wear full make-up for religious reasons.
B) C-Thru should make sure that Sara's belief is sincerely held, but under no circumstances challenge the belief.
C) C-Thru should challenge Sara's belief because, after all, she's worked there for more than five years and has never had a problem with this policy before.
D) C-Thru should discipline Sara for violating one of the workplace rules. Sara should have discussed the matter with her supervisor before coming to work in full make-up.
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45
Discuss the six factors that will be considered by the courts and the Equal Employment Opportunity Commission in determining whether an employer has successfully borne the burden of reasonably accommodating an employee's religious conflict.
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46
Lynette was an employee at Irvin Industries Corp.,which has 10 employees.She recently became a Seventh-Day Adventist and informed her employer that she can no longer work on Saturdays.While Saturday is not a regular workday,employees are frequently required to work on Saturdays and are informed of this condition of employment during the hiring process.Lynette was told by her supervisor that if the plant was operating on a Saturday,she would have to work unless she was sick,in which case she would have to produce a medical certificate.He explained to Lynette that he had no one to do her job,and her absence would slow down production.The following Saturday,Lynette did not report to work and failed to produce a medical certificate.She was fired as a result.She filed a claim for religious discrimination under Title VII (of the Civil Rights Act of 1964).Discuss this case.
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47
Belinda's religion prohibits paying union dues.She was recently hired as a truck driver by Open Highway Transportation,Inc.,where all of the drivers belong to an union and all newly hired drivers are required to join it 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.She will not be entitled to accommodation of her religious beliefs:
A) because it is mandatory for an employee to pay union dues, and the law makes no exception in this case.
B) because she should have asked about union security requirements when she applied for the job.
C) if the union can establish undue hardship by showing that Belinda's request was part of a widespread refusal to pay union dues.
D) if non-payment of union dues violates the Establishment Clause ensuring governmental neutrality in matters of religion.
A) because it is mandatory for an employee to pay union dues, and the law makes no exception in this case.
B) because she should have asked about union security requirements when she applied for the job.
C) if the union can establish undue hardship by showing that Belinda's request was part of a widespread refusal to pay union dues.
D) if non-payment of union dues violates the Establishment Clause ensuring governmental neutrality in matters of religion.
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48
Which of the following is true of undue hardship as it relates to an employer's accommodation of an employee's religious belief?
A) Undue hardship is a concept that is consistent from employer to employer. That is, if an accommodation constitutes undue hardship for one employer, it will constitute undue hardship for all other employers.
B) The EEOC has proven to be more lenient than the courts in determining what constitutes undue hardship.
C) The concept of undue hardship differs from one employer to another. What might constitute undue hardship for one employer may not constitute undue hardship for another.
D) The U.S. Supreme Court has not yet considered the issue of what might constitute undue hardship.
A) Undue hardship is a concept that is consistent from employer to employer. That is, if an accommodation constitutes undue hardship for one employer, it will constitute undue hardship for all other employers.
B) The EEOC has proven to be more lenient than the courts in determining what constitutes undue hardship.
C) The concept of undue hardship differs from one employer to another. What might constitute undue hardship for one employer may not constitute undue hardship for another.
D) The U.S. Supreme Court has not yet considered the issue of what might constitute undue hardship.
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49
Melissa is an employee at Conway Chemical Corporation,which allows its employees to use its conference room for club meetings,such as a knitting club or book club.Melissa requests to use the conference room for prayer meetings on Wednesday mornings before her shift starts.Her request is turned down.Which of the following is most likely to be true in this case?
A) Melissa does not have a claim for religious harassment 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) Conway has increased its risk for a claim for religious harassment because Melissa is not given comparable opportunities to use Conway's time and resources for religious practices as others are given for secular reasons.
D) Melissa has a cause of action for religious discrimination because the Religious Freedom Restoration Act states that it is religious discrimination for employers to prohibit employees from engaging in religious activities.
A) Melissa does not have a claim for religious harassment 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) Conway has increased its risk for a claim for religious harassment because Melissa is not given comparable opportunities to use Conway's time and resources for religious practices as others are given for secular reasons.
D) Melissa has a cause of action for religious discrimination because the Religious Freedom Restoration Act states that it is religious discrimination for employers to prohibit employees from engaging in religious activities.
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50
List the factors considered by the Equal Employment Opportunity Commission (EEOC)in determining whether an employer's accommodation would cause undue hardship. How is the EEOC's interpretation of undue hardship different from that of the courts?
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