Deck 11: Religious Discrimination
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Deck 11: Religious Discrimination
1
The duty to accommodate only applies to religious beliefs,not religious practices.
False
Explanation:The duty to accommodate only applies to religious practices, not religious beliefs. An employer is only required to accommodate a religious practice to the extent that it does not present an undue hardship on the employer, but religious beliefs do not have that limitation.
Explanation:The duty to accommodate only applies to religious practices, not religious beliefs. An employer is only required to accommodate a religious practice to the extent that it does not present an undue hardship on the employer, but religious beliefs do not have that limitation.
2
The issue of religion was addressed by Congress in the 1972 amendments to Title VII of the Civil Rights Act of 1964.
True
Explanation:Title VII (of the Civil Rights Act of 1964) originally provided no guidance as to what it meant by the word religion. In the 1972 amendments to Title VII, Congress addressed the issue. In section 701, providing definitions for terms within Title VII, section (j) states: "The term 'religion' includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business."
Explanation:Title VII (of the Civil Rights Act of 1964) originally provided no guidance as to what it meant by the word religion. In the 1972 amendments to Title VII, Congress addressed the issue. In section 701, providing definitions for terms within Title VII, section (j) states: "The term 'religion' includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business."
3
Delilah is a librarian at a university that is supported by a religious institution.She 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 since the tenets of the religious institution oppose drinking.When Delilah refuses to do so,she is fired.She brings a case alleging religious discrimination.Which of the following is most likely to be true in this case?
A) Delilah will win because the university made no effort to reasonably accommodate her.
B) Delilah will win because selling alcohol is a legal business.
C) The university will win because operating a bar is not a religious practice and is therefore exempt from the provisions of Title VII (of the Civil Rights Act of 1964).
D) The university will win because it is supported by a religious institution and therefore exempt from the provisions of Title VII (of the Civil Rights Act of 1964).
A) Delilah will win because the university made no effort to reasonably accommodate her.
B) Delilah will win because selling alcohol is a legal business.
C) The university will win because operating a bar is not a religious practice and is therefore exempt from the provisions of Title VII (of the Civil Rights Act of 1964).
D) The university will win because it is supported by a religious institution and therefore exempt from the provisions of Title VII (of the Civil Rights Act of 1964).
D
Explanation:Most likely, the university will win because it is supported by a religious institution and is therefore exempt from the provisions of Title VII (of the Civil Rights Act of 1964). Section 703(e)(2) of Title VII states that it is not an unlawful employment practice for a school, college, university, or other educational institution to hire or employ people of a particular religion if the institution is in whole or in substantial part owned, supported, controlled, or managed by a particular religion or by a religious corporation, association, or society or if its curriculum is directed toward the propagation of a particular religion.
Explanation:Most likely, the university will win because it is supported by a religious institution and is therefore exempt from the provisions of Title VII (of the Civil Rights Act of 1964). Section 703(e)(2) of Title VII states that it is not an unlawful employment practice for a school, college, university, or other educational institution to hire or employ people of a particular religion if the institution is in whole or in substantial part owned, supported, controlled, or managed by a particular religion or by a religious corporation, association, or society or if its curriculum is directed toward the propagation of a particular religion.
4
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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5
When an objection under Title VII (of the Civil Rights Act of 1964)is directed toward a union,a government employer does not have a duty to reasonably accommodate an employee's religious conflict.
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6
The size of an employer's workforce is one of the factors considered when determining whether the employer has successfully borne the burden of reasonably accommodating an employee's religious conflict.
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7
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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8
_____ is defined as the burden imposed on an employer,by accommodating an employee's religious conflict that would be too onerous for the employer to bear.
A) Reasonable accommodation
B) Undue hardship
C) Undue conflict
D) Reasonable conflict
A) Reasonable accommodation
B) Undue hardship
C) Undue conflict
D) Reasonable conflict
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9
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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10
Under Title VII (of The Civil Rights Act of 1964),a religious belief needs to be a belief in a religious deity to be considered for reasonable accommodation.
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11
A religious organization will generally be exempt from the prohibitions of religious discrimination in Title VII (of the Civil Rights Act of 1964):
A) even in instances where the employment is in an area of purely nonsectarian activities.
B) unless it is a purely secular organization.
C) except in instances where the organization is involved in activities aimed at raising funds.
D) if it is relieved of such obligations by the Equal Employment Opportunity Commission (EEOC).
A) even in instances where the employment is in an area of purely nonsectarian activities.
B) unless it is a purely secular organization.
C) except in instances where the organization is involved in activities aimed at raising funds.
D) if it is relieved of such obligations by the Equal Employment Opportunity Commission (EEOC).
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12
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 coverall.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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13
An employer does not have to accommodate an employee's religious conflict if doing so would cause an undue hardship,but there must be an attempt at accommodation.
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14
The duty to reasonably accommodate an employee's legitimate religious practices requires an employer to:
A) avoid conflict between workplace policies and an employee's religious practices or beliefs.
B) select the most reasonable accommodation out of the many options available.
C) accept the accommodation preferred by the employee.
D) expend any human and financial resources necessary to meet the employee's preferred accommodation.
A) avoid conflict between workplace policies and an employee's religious practices or beliefs.
B) select the most reasonable accommodation out of the many options available.
C) accept the accommodation preferred by the employee.
D) expend any human and financial resources necessary to meet the employee's preferred accommodation.
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15
When establishing a prima facie case to proceed with a claim of religious discrimination,an employee need not establish that he has informed an employer of the conflict.
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16
Patrick was employed by a church as a cook in its day care center.When Patrick was hired,he promised the pastor that he would regularly attend Sunday Mass held in the church.After three months,his employment was terminated as he failed to keep his promise.Patrick intends to file a case of religious discrimination as he believes that he has the right to change his religious views.Which of the following statements is most likely to be true in this case?
A) Patrick has a claim for religious discrimination under Title VII (of the Civil Rights Act of 1964) and the U.S. Constitution's Establishment Clause.
B) Patrick does not have a claim for religious discrimination because the church is exempt from prohibitions against religious discrimination under Title VII (of the Civil Rights Act of 1964).
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 worked in the day care center, which involved nonsectarian activities.
A) Patrick has a claim for religious discrimination under Title VII (of the Civil Rights Act of 1964) and the U.S. Constitution's Establishment Clause.
B) Patrick does not have a claim for religious discrimination because the church is exempt from prohibitions against religious discrimination under Title VII (of the Civil Rights Act of 1964).
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 worked in the day care center, which involved nonsectarian activities.
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17
Under the guidelines established by President Clinton for the religious freedom of federal employees,workers are permitted to engage in religious expression directed at fellow employees.
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18
The U.S.Supreme Court's determination of what constitutes undue hardship in the process of attempting reasonable accommodation was established in Trans World Airlines,Inc.v.Hardison.
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19
Which of the following categories under Title VII (of the Civil Rights Act of 1964)requires reasonable accommodation?
A) Gender
B) National origin
C) Religion
D) Race
A) Gender
B) National origin
C) Religion
D) Race
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20
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.
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21
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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22
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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23
Kawanda,a practicing Muslim,is in the Army.Several years ago,she requested that her commander allow her to wear a khimar (a form of headscarf that extends to the waist)with her uniform.Her request was denied as a violation of the military dress regulation,which specifically barred wearing religious dress or symbols while in uniform.After the denial,Kawanda reported to duty wearing a khimar on three separate occasions and was demoted.Kawanda filed a complaint of religious discrimination.Which of the following is most likely to be true in this case?
A) Kawanda will win because the Equal Employment Opportunity Commission 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 win because the Army did not offer her a reasonable accommodation.
C) Kawanda will not win because the Army can demonstrate an overriding consideration in that the uniform regulations were designed to maintain military cohesion.
D) Kawanda will not win because the military is exempt from Title VII.
A) Kawanda will win because the Equal Employment Opportunity Commission 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 win because the Army did not offer her a reasonable accommodation.
C) Kawanda will not win because the Army can demonstrate an overriding consideration in that the uniform regulations were designed to maintain military cohesion.
D) Kawanda will not win because the military is exempt from Title VII.
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24
Kim,a Buddhist,applies for the post of a meteorologist at an evening television news program conducted by the B2B network.She has a degree in meteorology from the state university where the network has its news studio and also has 11 years of experience as a TV meteorologist.She is interviewed 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 of her religious faith.Kim files a claim of religious discrimination.The decision in this case is most likely to be based on:
A) whether Buddhism is followed by non-minorities or minorities in the United States.
B) whether religion is a bona fide occupational qualification (BFOQ) reasonably necessary for the normal operation of the B2B network.
C) degree of popularity of Buddhism as a religion in the United States.
D) the level of religious inclination at the B2B network toward having to analyze astronomical factors as part of the weather forecast.
A) whether Buddhism is followed by non-minorities or minorities in the United States.
B) whether religion is a bona fide occupational qualification (BFOQ) reasonably necessary for the normal operation of the B2B network.
C) degree of popularity of Buddhism as a religion in the United States.
D) the level of religious inclination at the B2B network toward having to analyze astronomical factors as part of the weather forecast.
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25
Octagonian Steel Fabricators Inc.hires Mahinder,a practicing Sikh,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 demotes him to another role that does not require him to wear a hardhat. Mahinder brings a case under Title VII (of the Civil Rights Act of 1964)in which he alleges discrimination based on religion.Which of the following is most likely to be true in this case?
A) Octagonian will win if a demotion was the only alternative available that did not cause undue hardship.
B) Mahinder will win because a turban is also a head covering and serves the same safety purpose as a hardhat.
C) Octagonian will win because an employee has a duty to follow the company rules at all times.
D) Mahinder will win because Octagonian's management was ignorant about the Sikh religion, and Title VII of the Civil Rights Act of 1964 requires that the employer be aware of religious practices and beliefs.
A) Octagonian will win if a demotion was the only alternative available that did not cause undue hardship.
B) Mahinder will win because a turban is also a head covering and serves the same safety purpose as a hardhat.
C) Octagonian will win because an employee has a duty to follow the company rules at all times.
D) Mahinder will win because Octagonian's management was ignorant about the Sikh religion, and Title VII of the Civil Rights Act of 1964 requires that the employer be aware of religious practices and beliefs.
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26
Herb,who works as a mechanic for Goodman Tire,is required to work 40 hours per week,including two Sundays per month.On August 1,Herb tells his supervisor that he worships the National Football League (NFL),and he cannot work any Sundays until after the Super Bowl in February.Goodman Tire can refrain from accommodating Herb's request as:
A) he does not worship a deity.
B) he is not a member of an organized religion.
C) his beliefs are not sincerely held, and they do not take the place of religion in his life.
D) his beliefs are not supported by any religious minister, imam, or rabbi.
A) he does not worship a deity.
B) he is not a member of an organized religion.
C) his beliefs are not sincerely held, and they do not take the place of religion in his life.
D) his beliefs are not supported by any religious minister, imam, or rabbi.
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27
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 a 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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28
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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29
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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30
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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31
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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32
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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33
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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34
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 she has strong religious beliefs opposing abortion and cannot guard such a clinic.The chief tells Grace she can patrol elsewhere during the rallies.During one of the rallies,a riot occurs at one of the clinics,and Grace is one of the officers called to assist.She refuses to respond to the emergency call and is fired.Grace claims religious discrimination.Which of the following is most likely to be true in this case?
A) Grace will win because the police department reneged on its offer of a reasonable accommodation.
B) The department will win because the department could not excuse her from responding to the emergency call without causing an undue hardship.
C) Grace will win because other officers responded to the emergency call, and her absence did not make a difference.
D) The department will win because Grace only told the chief about her aversion to guarding the clinic and did not mention anything about other duties.
A) Grace will win because the police department reneged on its offer of a reasonable accommodation.
B) The department will win because the department could not excuse her from responding to the emergency call without causing an undue hardship.
C) Grace will win because other officers responded to the emergency call, and her absence did not make a difference.
D) The department will win because Grace only told the chief about her aversion to guarding the clinic and did not mention anything about other duties.
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35
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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36
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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37
Lucinda was a Christian Scientist,while Paulette,her colleague,was a born again Christian.Paulette left a flyer for her church on Lucinda's desk,emailed Bible verses to Lucinda,and invited her to church service every Sunday,telling her that she should go to a real church.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 harassment.Which of the following statements is most likely to be true in this case?
A) Paulette's actions do not constitute religious harassment as they are not based on an evil motive.
B) Paulette's actions constitute religious harassment as Paulette's behavior was severe or pervasive, and Paulette did not stop even after Lucinda's request to do so.
C) Paulette's actions do not constitute religious harassment as Paulette's First Amendment right to freedom of religion is superior to Lucinda's claim under Title VII of the Civil Rights Act of 1964.
D) Paulette's actions constitute religious harassment because sensitive religious matters can never be discussed at work.
A) Paulette's actions do not constitute religious harassment as they are not based on an evil motive.
B) Paulette's actions constitute religious harassment as Paulette's behavior was severe or pervasive, and Paulette did not stop even after Lucinda's request to do so.
C) Paulette's actions do not constitute religious harassment as Paulette's First Amendment right to freedom of religion is superior to Lucinda's claim under Title VII of the Civil Rights Act of 1964.
D) Paulette's actions constitute religious harassment because sensitive religious matters can never be discussed at work.
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38
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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39
Caroline,an employee of Segal Paper Corp.for five years,works on an assembly line,where a majority of the positions are occupied by bachelors.Caroline undergoes a profound religious conversion,and her newfound religion requires her not to work in close proximity to unmarried males.Must her employer attempt to accommodate this new religious practice?
A) No, because Segal Paper 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 Segal Paper has the duty to accommodate all religious beliefs by whatever means necessary.
C) Yes, because the duty to accommodate Caroline's religious beliefs attaches to the conflict itself, not to when the conflict arises.
D) No, because this religious practice has no basis in established theology.
A) No, because Segal Paper 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 Segal Paper has the duty to accommodate all religious beliefs by whatever means necessary.
C) Yes, because the duty to accommodate Caroline's religious beliefs attaches to the conflict itself, not to when the conflict arises.
D) No, because this religious practice has no basis in established theology.
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40
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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41
MaryJo,a very religious woman,takes every opportunity to propagate her religion at work to the extent that it adversely affects her productivity as well as that of those around her.Her employer admonishes her to stop proselytizing at work.She offers instead to simply limit her proselytizing to certain hours of the day.Her employer declines the offer and reminds her that she is 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 Equal Employment Opportunity Commission (EEOC)alleging that her employer failed to accommodate her religious beliefs.Evaluate the merit of her claim.
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42
Can an employer legally discharge an employee for refusing to join the union because of his or her religious beliefs? Explain.
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43
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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44
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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45
Saddam works as a desk clerk for the So Suite Hotel,which requires its employees to be on time for work,take bathroom breaks on a specific schedule,and observe certain dress codes,including that male employees be clean shaven.Saddam is consistently late to work and his excuses have not been valid.He also takes breaks without following the schedule.When Saddam shows up for work with a beard and is told by his manager that he is in violation of the grooming policy,Saddam says that he has a new religious belief,which requires that he grow a beard.The manager tells him that he is tired of Saddam not following the rules.Which of the following is the best management practice to be followed by So Suite in this case?
A) So Suite should make a reasonable accommodation for Saddam based on his statement that he must grow a beard for religious reasons.
B) So Suite should make sure that Saddam's belief is sincerely held but under no circumstance should it challenge the belief.
C) So Suite should challenge whether Saddam's belief is sincerely held because of his history of violating workplace rules and having bad excuses.
D) So Suite should base the refusal to accommodate Saddam on his past work history and must suspend him.
A) So Suite should make a reasonable accommodation for Saddam based on his statement that he must grow a beard for religious reasons.
B) So Suite should make sure that Saddam's belief is sincerely held but under no circumstance should it challenge the belief.
C) So Suite should challenge whether Saddam's belief is sincerely held because of his history of violating workplace rules and having bad excuses.
D) So Suite should base the refusal to accommodate Saddam on his past work history and must suspend him.
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