Overview
Please read the prompt below CAREFULLY, and more than once to ensure you understand the law and facts BEFORE you draft your response. It might be helpful to diagram or outline your answer. Also, do not be tempted to apply your employer's policy. Only apply the law.
As we have discussed in class, the general common law employment rule is "at-will"--in the absence of a specific employment contract, an employer can fire an employee for any reason, or no reason, so long as it is not an illegal reason. An employee can also do the same.
The Federal Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. Title VII of the Act prohibits religious discrimination in the workplace. In general, an employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment. The law requires employers to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause an "undue burden" on the business.
The Act considers "undue burden" is shown when a burden is substantial in the overall context of an employer's business, taking into account all relevant factors in the case at hand, including the particular accommodation at issue and its practical impact in light of the nature, size and operating cost of the employer. It can also be an undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to unwillingly do more than their share of potentially hazardous or burdensome work.
You own Go Get 'Em Sports, a retail store that sells athletic shoes in a local DC strip mall. Other retail businesses in the mall in have recently decided to open on Sundays from 12 noon to 6 pm. You decide to do the same. When you tell your employees about the schedule change, two of your eight employees refuse to go along with it, saying it is against their religious beliefs to work on Sunday, because for them, it is the Sabbath--a religious-proscribed required day of rest for Christians (and Jews).
Because of their refusal to work on Sundays, you decide to terminate their employment. After all, before this change, you had never heard these employees give any indication they are practicing Christians. The two employees apply for DC unemployment compensation and contend their unemployed status is your fault. If the state grants them benefits, your business will be penalized because your unemployment compensation taxes will go up.
- Is your firing of the two employees legally permissible? Why or why not?
- If you do fire them, should you contest their unemployment claim?
- What would be the result if the employees refuse to work on Sunday because of their desire to play golf on that day?
This assignment should also conform to the following parameters:
- No longer than 1 page
- 12 point font
- 1 inch margings
- Times New Roman font
Type your response in an MS Word file (.docx) and attach it as "lastname.firstname.Work Accommodations
NO AI WHAT SO EVER.