TRUE OR FALSE
AN EMPLOYER MAY AVOID ACCOMMODATION RELIGION IF IT WOULD EXPERIENCE DUE OR UNDUE HARDSHIP.
FALSE (UNDUE HARDSHIP ONLY)
THIS SUBSECTION DEFINES "RELIGION" TO INCLUDE ALL ASPECTS OF OBSERVANCE, PRACTICE AND BELIEF.
§ 2000E-(J)
ACCOMMODATION REQUIRES DIFFERENT TREATMENT, NOT EQUAL TREATMENT, TO PROMOTE THIS VALUE.
EQUALITY (P 367)
SCOTUS DEFINED RELIGIOUS BELIEF AS A SINCERE BELIEF THAT OCCUPIES IN THE LIFE OF THE BELIEVER A PARALLEL PLACE TO THAT OF GOD IN TRADITIONAL RELIGIONS.
SEEGER
RELIGIOUS DISCRIMINATION PROHIBITIONS OF TITLE VII APPLY TO BOTH PRIVATE AND PUBLIC EMPLOYERS.
TRUE
THIS PARAGRAPH OF A SUBSECTION OF TITLE VII DOES NOT IMPOSE A KNOWLEDGE REQUIREMENT, UNLIKE THE ADA.
2000e-2(a)(1) (P 372)
THE MCDONNELL-DOUGLAS FRAMEWORK IS OFTEN ALTERED TO REQUIRE EMPLOYER KNOWLEDGE OF THIS.
PLAINTIFF’S RELIGION OR RELIGIOUS PRACTICES (P 368)
AN APPLICANT NEED NOT SHOW ACTUAL KNOWLEDGE, BUT ONLY THAT NEED FOR ACCOMMODATION WAS A MOTIVATING FACTOR.
ABERCROMBIE & FITCH
IF THE PLAINTIFF'S RELIGION DOES NOT ESPOUSE A BELIEF OR PRACTICE, THEN IT DOES NOT RECEIVE PROTECTION UNDER TITLE VII
FALSE (P 368)
THIS SECTION ALLOWS RELIGIOUS DISCRIMINATION/ACCOMMODATION CLAIMS TO PROCEED WITHOUT PROOF OF PRETEXT.
2000e-2(m)
ACCORDING TO CHALMERS, PLAINTIFF NEED NOT PROVE EITHER OF THESE TWO ISSUES BECAUSE THE EMPLOYER MUST ACCOMMODATE.
LESS FAVORABLE TREATMENT OR PRETEXT (P 369)
"IN A RELIGIOUS ACCOMMODATION CASE, AN EMPLOYEE CAN ESTABLISH A CLAIM EVEN THOUGH SHE CANNOT SHOW THAT OTHER (UNPROTECTED) EMPLOYEES WERE TREATED MORE FAVORABLY OR CANNOT REBUT AN EMPLOYER’S LEGITIMATE, NON-DISCRIMINATORY REASON FOR HER DISCHARGE."
CHALMERS
EVEN IF MOTIVATED BY AVOIDING ACCOMMODATION, AN UNSUBSTANTIATED SUSPICION OF NEED IS INSUFFICIENT.
FALSE (P 373) AN EMPLOYER WHOSE MOTIVE IS AVOIDING ACCOMMODATION MUST HAVE MORE THAN AN UNSUBSTANTIATED SUSPEICION OF A NEED FOR ACCOMMODATION.
THIS PART 29 CFR SECTION DEFINES RELIGIOUS PRACTICES AS STRONGLY HELD, SINCERE MORAL OR ETHICAL BELIEFS OF RIGHT AND WRONG
29 C.F.R. § 1605.1. (P 368)
IF CONGRESS LIMITED “RELIGION” TO RELIGIOUS BELIEF, DISCRIMINATING AGAINST RELIGIOUS PRACTICE WOULD NOT BE DISPARATE ___ THOUGH IT MIGHT HAVE DISPARATE ____.
TREATMENT...IMPACT (P 373)
"BUT TITLE VII DOES NOT DEMAND MERE NEUTRALITY...RATHER, IT GIVES THEM FAVORED TREATMENT."
ABERCROMBIE & FITCH (P 373)