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Homework answers / question archive / Answer the following questions by Wednesday
Answer the following questions by Wednesday. Each question should be a separate post. Include the original question with your response.
1. Chapter 8 discusses several different forms of gender discrimination (eg: gender stereotyping). Select one of these and provide an example.
2. Explain the differences between an employer's Title VII obligations for the protected class of "religion" as compared with all of the other protected classes under Title VII.
3. I think this article emphasizes the legalities of an employer's duty to accommodate an employee's religion, particularly the fact that employers can not determine what is or is not a legitimate religion. See the below comment about the case from a lawyer. Please comment on the article as a part of question 3. Link (Links to an external site.)
In anticipation of the current flu season, you decided to mandate that all employees get immunized. The problem is that one of your employees, a vegan, who won't ingest any animal or animal by-products -- especially not the microwaveable scrapple-wrapped tripe pops I keep in the lunchroom freezer -- refuses to get a flu shot because it's against her religious and philosophical beliefs.
What's her religion, you ask? Why veganism, of course.
WTH?!? Surely, you have no obligation to accommodate this "religion." In fact, you suddenly have the urge to brush her teeth with my frozen pops.
*** Ducks cauliflower ***
Well, guess what, carnivore? If you fire the employee for not getting the shot, you may have a religious-discrimination claim on your hands. So says an Ohio federal district court. (link to case above)
. Indeed, an employer must accommodate an employee's sincerely-held religious belief, unless doing so would pose an undue hardship to the employer. When considering whether veganism qualifies, the Ohio court emphasized that "whether or not a practice or belief is religious is not an issue. . .religious practices . . . include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of religious views." Plus, it didn't hurt that the plaintiff quoted the scripture
when requesting a flu-shot accommodation from her employer.
Ultimately, the court accepted that an employee may subscribe to veganism with a sincerity equating that of traditional religious views. Consequently, in certain circumstances, a vegan can avoid an otherwise mandated flu shot, unless it would post an undue hardship to the employer. But I'm thinking a surgical mask could solve that problem.
Now, if you'll excuse me, somebody has a craving for thawing pops.
Me, that somebody is me.
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