BHR 3565
Employment Law
IntelTutor
Question 1 <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” />
1. Meredith is a devout,evangelical Christian. She believes very deeply that she should tell everyonethat she meets about her religion and that she should try to convert everyonethat she meets to her religion. To accomplish those goals, Meredith tellseveryone that she has contact with to “have a blessed day.” Since Meredith isthe receptionist at Big City Flooring Company, everyone who comes into thebusiness is greeted by Meredith with “have a blessed day.” Several customers ofBig City Flooring Company have told Bill Big, the owner of Big City FlooringCompany, that they are uncomfortable when Meredith tells them to “have ablessed day,” and those customers have asked Bill Big if there is some way thatthey can continue to deal with Big City Flooring Company without having toencounter Meredith. Bill Big has told those customers that he will talk toMeredith.
Can Bill Big tell Meredith not to greet customers by saying “have a blessedday” or something similar? Will limiting Meredith’s expression of her religiousbeliefs constitute religious discrimination in employment? What sort ofaccommodations does Bay City Flooring Company have to make for Meredith’sreligious beliefs?
Your response should be a minimum of 200 words in length. You are required touse at least your textbook as source material for your response. All sourcesused, including the textbook, must be referenced; paraphrased and quotedmaterial must have accompanying citations.
Question 2
1. The First Amendment tothe U.S. Constitution prohibits Congress from making any laws with respect tothe establishment of religion or that interfere with the free exercise ofreligion. It is generally agreed that the provisions of the First Amendmentapply to all levels of government. The United States Supreme Court has recentlyruled that Christian prayers that are said at the beginning of meetings ofelected officials local governments do not violate the provisions of the FirstAmendment that prohibit government from establishing a religion.
Paul is an employee of a local government and is required to attend meetings ofthe elected officials of the local government, but Paul is an atheist andobjects to the Christian prayers that are always said at the beginning of themeeting. Therefore, Paul has asked his supervisor if he can join the meetingsof local elected officials after the prayers are offered, but Paul’s supervisorhas told Paul that out of respect for the elected officials, Paul must attendthe entire meetings. Has Paul been discriminated against on the basis of hisreligion? Why, or why not?
Your response should be a minimum of 200 words in length. You are required touse at least your textbook as source material for your response. All sourcesused, including the textbook, must be referenced; paraphrased and quotedmaterial must have accompanying citations.
Question 3
1. A nursing home in Iowa, whose residents were allEnglish-speakers and all over the age of 80, instituted a rule that requiredthat all employees speak English while working since the residents of thenursing home were elderly and not able to understand any language other thanEnglish. Several of the employees of the nursing home were Latino and spokeSpanish fluently. The nursing home informed all employees, both verbally and inwriting, of the English-only rule and gave verbal and formal, written warningsto several of the Latino employees who were overheard by management speakingSpanish in the presence of residents of the nursing home. After several suchwarnings, the nursing home discharged Catalina for continuing to speak Spanishin the presence of residents after she had been given several warnings not tospeak Spanish while she was working.
Did the discharge of Catalina for the reason given constitute national origindiscrimination? Why, or why not? What factors must be considered in decidingwhether an employer can legally require that only English be spoken byemployees while working?
Your response should be a minimum of 200 words in length. You are required touse at least your textbook as source material for your response. All sourcesused, including the textbook, must be referenced; paraphrased and quotedmaterial must have accompanying citations.
Question 4
1. Robert’s father was an American and a citizen of the UnitedStates, and Robert’s mother was a citizen of Great Britain. Robert was born inGreat Britain, so he had dual citizenship – United States and Great Britain.When Robert became an adult, he renounced his United States citizenship,reaffirmed his citizenship in Great Britain, and began living in England.Later, Robert moved to the United States and became a resident alien of theUnited States and began work as a computer programmer. Robert applied for a jobwith a new and fast-growing Internet start-up company on the West Coast, butduring the interview process, Robert mentioned that he had renounced his UnitedStates citizenship but that he was now a resident alien in the United States.The interviewer told Robert that Robert’s citizenship situation was troubling,and Robert was not offered the job.
Was the refusal to hire Robert because of his citizenship situation a violationof the prohibition of discrimination in employment based on national origin inTitle VII of the Civil Rights Act? Are there other laws that prohibit thisemployer from discriminating in employment against Robert? What are those laws?Do these laws apply in this case? Why, or why not?
Your response should be a minimum of 200 words in length. You are required touse at least your textbook as source material for your response. All sourcesused, including the textbook, must be referenced; paraphrased and quotedmaterial must have accompanying citations.
Moran, J. J.(2014). Employment law: New challenges in the business environment(6thed.). Upper Saddle River, NJ: Prentice Hall.
EmploymentDivision, Department of Human Resources of Oregon v. Smith, 494 U.S. 872(1989).
