Constructive Discharge Case Essay

In “Working it Out” by Diana Eck, she writes about religious oppression in the workplace. The examples she gives on the many ways people have been fired, or the ways in which people's faiths have been compromised, reiterates that the amendment that states freedom of religion in the United States, is

Separate Opinions: Judgment was affirmed by Judges Lundberg Stratton, O’Donnell, and Cupp, JJ. , as they believed Allen was discharged for taking unauthorized breaks from her scheduled employment. Since Allen failed to present evidence of a discriminatory motive from Isotoner, or that reason for releasing her from employment was a ground for discrimination, Lundberg Stratton, O’Donnell, and Cupp, JJ. felt only the issues presented by the facts of Isotoner discharging Allen due to ‘unauthorized breaks’ should be decided on, while issues of the facts not directly placed on issue should only be responded to with advisory opinion.

This says it is unlawful to discriminate against people at work because of their religion or belief. The regulations also cover training that is to do with work.

An employee is refused e.g. training or lost a job, because of their beliefs, race or sexuality

Constructive discharge is present when a company creates working conditions that are so intolerable that the employee feels they have no option for relief but to resign. Mr. Fleck did not notify his supervisor or any other manager that the new production schedule conflicted with the practice of his religion. If he had, the company would have had an obligation to accommodate his religious holy days and

The company can show to the courts that the accommodation of such a religious practice would result in undue hardship for the company. The shift change is being made due to the growth of the company. Not doing this will result in significant financial losses due to lost opportunities. In EEOC

Second, in 2013 the 10th Circuit Court ruled, an employee must communicate the disaccord between a religious practice and a work rule. The Court determined that an employee understands whether the practice observed by the employer is predicated in an inflexible religious practice. (10th Circuit Court, 2013) The relevance of this ruling is that only the employee can determine whether or not the employer is being inflexible in

The United States is one of the most culturally and religiously diverse countries in the world. The founding fathers of the United States wanted to ensure that its people would have the ability to practice their religion with no threat of persecution. In order to accomplish the goal of religious freedom and continue to ensure that all people of any religion would be free to practice their religion, the United States passed Title VII of the Civil Rights Act of 1964 that prohibits an employer from discriminating based on the religious views of its employees. As the citizens of the United States spend a large amount of time in their places of employment, religious practices that these employees feel are necessary for the true observance of their religion must be accommodated by the employers. This law contends that in cases where the accommodation of religious practices of its employees does not create undue hardships, an employer must make reasonable accommodations for employees to practices the beliefs of their religion. As the demographics of the United States continues to change with more religiously diverse people immigrating to the country, employers are coming under more pressure to ensure they are taking all possible precautions to accommodate the religious practices of its employees. These precautions are important as the once an employee has established a bona fide complaint of religious discrimination, the burden of proof then falls on the employer to prove they

Reasonable Accommodation & Religion: The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. This means an employer may have to make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co- worker.

In this case it is clear that company has to undergo hardship to accommodate the employees’ religious beliefs.

upon an employee's religion. This means, that generally an employer has to give their workers

When the employee asked why her religious beliefs to wear a hijab was different from another employees belief to wear a cross were difference, the response she received was that it would ruin the image the company is trying to portray. Never in the conversation did the employers mention how wearing the hijab could maybe place herself or others in a dangerous situation working with equipment, instead they insisted that

The Complainant requested a “reasonable accommodation” under Union Pacific EEO policy to attend a religious seminar. Complainant’s request was denied by CMS.

Laws against discrimination- Title VII of the Civil Rights Act of 1964 says that no person employed or seeking employment by a business with more than 15 employees may be discriminated against due to their race, color, religion, sex, or national origin (Lee, 1998). This Act

Religion in the workplace can bring up some of the most difficult issues employers have to face. Resolving these issues requires understanding the law and balancing the business's needs with an employee's desire to practice his or her religion. One of the most contentious conflicts is between an employee's desire to take time off and the potential reduction in productivity and profitability. In ruling on Title VII religion cases, the courts have held that employers aren't required to accommodate employees' religious activities when it involves increased financial costs, transferring supervisory personnel or employees from other departments resulting in inefficiency, or discriminating against other employees or violating seniority systems. Accommodations that don't constitute undue hardship to the employer include voluntary substitutions or employee "swaps," flexible work schedules, floating or optional holidays, staggered work hours, and allowing employees to make up lost time. Transfers and job changes also are options if they don't cause reduced efficiency or