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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.
Expert Solution
Chapter 8 discusses several different forms of gender discrimination (eg: gender stereotyping). Select one of these and provide an example.
There are several different forms of gender discrimination and the one I choose to provide an example to discuss is gender plus discrimination. Gender plus discrimination, also known as “sex-plus “discrimination exists when an individual is subjected to disparate treatment based not only on their sex/gender but also on a second characteristic.
An employer is gender plus discriminating when they target a woman employee who has children, and because the employee is a woman with children, the employer assumes she will neglect her job responsibilities due to her childcare responsibility. Due to this assumed neglect, the employer thinks that the woman with children will be a poor worker because of family responsibilities or not does the same quality work as a younger female. The gender plus discrimination law recognizes that women have the right to work without the burden of stereotypes regarding whether they can fulfill their responsibilities.
An example of gender plus discrimination is the most common example of a woman stepping away from her work responsibilities throughout the day to pump or breastfeed her child. Another example is when an employer or manager finds out how many kids a woman may have and has a hurtful or disrespectful comment. For example, an employer or direct manager finds out a woman has triplets and their response is “Oh my, I did not know you had triplets, how do you do it all”? This response questions their ability to provide an outstanding work product and take care of their childcare responsibilities.
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.
“The general purpose of Title VII of the Civil Rights Act of 1964 is the elimination of employer and union practices that discriminate against employees and job applicants on the basis of race, color, religion, sex or national origin”. The aforementioned protected classes are provided with protection against discrimination in the workplace. With this in mind, I will clarify why the protected class of religion is different from the others.
Although the other classes are afforded protections against something potentially harmful; the protection of “religion” affords the employee the ability to “do” something that he/she wants to do.
The primary difference between the other protected classes and the protected class of religion is the onus on the employer to ensure that the employee is provided with reasonable accommodations as it pertains to the practice of one’s religion. Moreover, there may be instances where the employer is at a slight disadvantage due to the absent practicing employee. Added, Section 702 of Title VII permits religious societies to grant hiring preferences for members of their religion.
Reference: Bennett-Alexander_2019_Chapter_3_Edition_9th.pdf
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