Running Head: Assignment 3

Assignment 3
Bryan E. Cratty
Eliza Gordner
Marian University
BUS-358
October 13, 2013

Law in the Modern Workplace (BUS 358 Gordner)

Application Assignment #3

Answer the following Short Answer Questions:

1.

Describe the avenues of legal protection available to gay and lesbian individuals against
employment discrimination on the basis of their affinity orientation. (4 pts)

Although federal laws protect people from workplace discrimination on the source of race,
national origin, religion, sex, age, and disability, there is no federal law that specifically outlaws workplace
discrimination on the basis of sexual orientation in the private division. There is more hope at the state
level. Almost half the states and the District of Columbia have laws that currently prohibit sexual
orientation discrimination in both public and private jobs: California, Colorado, Connecticut, Hawaii,
Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New
Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. If you are gay or lesbian
and your state does not have a law that protects you from workplace discrimination, you may still be
protected by city and county laws. Many cities and counties prohibit discrimination on the basis of sexual
orientation in at least some workplaces.

Assignment 3

1.

How is Title VIIs prohibition against religious discrimination substantively different from its
prohibitions against discrimination on the basis of other traits? (3 pts)
Title VII of the Civil Rights Act of 1964 protects individuals against employment
discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII
applies to employers with 15 or more employees, including state and local governments. It also
applies to employment agencies and to labor organizations, as well as to the federal government. It is
unlawful for employers to discriminated against individuals because of their religion in hiring, firing,
and other terms and conditions of employment. For example, an employer may not refuse to hire
individuals of a certain religion, may not enforce stricter promotion requirements for persons of a
certain religion, and may not enforce more or different work requirements on an employee because of
that employee's religious beliefs or practices.

1.

List the elements of a prima facie case of religious discrimination. (4 pts)

The prima facie case for religion is the same as color, race, and gender. The elements go as
followed:
A complainant must first present a prima facie case of discrimination. A prima facie case is that
minimum amount of evidence necessary to raise an authentic question of discrimination. Second, if the
complainant meets the burden of presenting a prima facie case, then management has a burden of
production to fluent some authentic, unbiased reason for its actions.Third, in order to succeed, the
complainant must show by a majority of the evidence that management's stated reason is cause for
discrimination. Finally, two terms need to be explained. First, a protected class or protected group
represents a group that is recognized by the law to have protection against discrimination.

1.

What risk(s) does an employer face if it enforces an English-only policy in all areas of the
workplace and at all times, including break times and other free time? (3 pts)
One risk of having the policy found is it could be a case for national origin discrimination. Another
risk is a lawsuit which could cost the company several thousands of dollars. Could bring a case of
racial discrimination.

1.

Distinguish between national origin and citizenship. (4 pts)

Citizenship is a legal status in a political institution such as a city or a state. The relationship
between a citizen and the organization that discusses this status is formal, and in contemporary

Assignment 3

liberal-democratic models includes both a set of rights that the citizen possesses by benefit of this
relationship, and a set of obligations or duties that they owe to that institution and their fellow citizens
in return.
Nationality, on the other hand, represents informal membership in or identification with a particular
nation (which is not a synonym for country or state). While nationality is sometimes discussed as a
legal status, it and states are properly understood as social categories, characterised by at least a
common language, culture and territory, and sometimes also by a common religious faith and a
allegedly shared ancestry.

1.

Darrel has worked for Smith Metalworks, a small manufacturing firm which employs 18 people, for
12 years. All of the employees, including the owner, are required to work in the manufacturing part of
the business. Smith Metalworks is in a very competitive business where profit margins are thing and
jobs are hard to get. Reliability and precision are two of the most valued traits in its workplace.
Darrel's new religion requires him to attend daytime worship services from 10AM until noon, three
days per week, and he wants his employer to assure him that he will not miss these services. His
supervisor offers to allow him to go, but only on those rare days when a full workforce is not
necessary, and provided that he does not expect Smith to pay him for the missed time. Must Smith
Metalworks do more to accommodate Darrel's religious practices? Explain. (6 pts)

Smith Metalworks does not have to do more to accomodate Darrel's religious practices. They are
not allowed to fire him or prevent promotion due to his religous practices. However, it doesn't state under
the title VII that they must allow the employee time off to go to certain religous activities. If on the busy
days they don't allow him to go and they threaten to fire him then that could possibly lead to a case of
religous discrimination.
1.

Joe is a gay black man. He is open about his sexual orientation and often places unsolicited gayoriented pamphlets (informational, not obscene) on other employees desks. Joe also wears severe
make-up although he is not transsexual. After repeated requests to halt the distribution of the
literature and to stop wearing the make-up, he is fired for noncompliance and he brings a claim for
discrimination. Does Joe win? Why or why not? (6 pts)
Joe would most likely not win the case. The employers will most likely win if they can show that
the literature was a workplace disruption. However, if the employer can not prove that it was a
distraction to the workplace he may have a case for sexual discrimination. The workplace could most
likely stop him from putting the pamphlets out but I don't believe he can require him to quit wearing
make-up. That is his choice and his sexual orientation choice.

Answer the following Multiple Choice / True-False Questions (2 pts. each)

Assignment 3

1.

1.

1.

Ken, a homosexual black man, and Bob, a homosexual white man, are both employed by Acme
Inc., which is located in Anytown, USA and has 50 employees. Ken is disciplined for wearing
makeup, while Bob is not disciplined for wearing similar makeup. Ken brings a Title VII disparate
treatment claim against Acme. Which of the following statements is most accurate?
1.

Ken will succeed if heterosexual men are allowed to wear makeup.

2.

Ken may win if he is alleging the disparate treatment was based on race.

3.

Acme will win because Title VII does not protect against affinity orientation.

4.

None of the above.

Which of the following statement(s) regarding undue hardship in the context of religious
discrimination is/are most accurate?
1.

Courts address what is undue hardship on an individual basis.

2.

The EEOC has very specific rules on what constitutes undue hardship.

3.

Cost is the only factor taken into consideration regarding undue hardship.

4.

None of the above.

Which of the following will a court consider in determining whether an employer reasonably
accommodated an employees religious practice in the workplace?
1.

How many other employees practice the same religion.

2.

Cost of the accommodation.

3.

Size of the employers workforce.

4.

Both B and C.

5.

All of the above.

Assignment 3
1.

In order to be afforded constitutional and/or statutory protections, the complainant must:

1.

Be a member of an organized religious denomination.

2.

Be a member of a religious denomination that the employer is familiar with.

3.

Show a sincerely held religious belief even without proving membership in a specific
religious denomination.

4.

1.

None of the above.

Due to the rise in complaints by employees of Middle Eastern descent since September 11,
2001, the EEOC:

1.
A.
B.
C.
D.

1.

1.

Has stopped taking 9/11-related complaints.

Created a specific classification for these complaints.
Has referred these complaints to the National Homeland Security office.
None of the above.

The owner of a manufacturing facility staffed completely by Mexicans refuses employment to a

white American manager because the owner is concerned that the Mexicans will only consent to
supervision by and receive direction from another Mexican. The American does not have a claim for
national origin discrimination because he cannot satisfy the first prong of his prima facie case.
1.

True

2.

False

Men who are harassed in the workplace for not being manly enough may be able to bring a Title
VII sexual harassment claim.

Assignment 3

1.

1.

1.

1.

True

2.

False

Dan is harassed by a male coworker, who makes repeated statements to him in the mens locker
room such as your hands are so soft what are you doing after work? and why dont you come strip
for me? After Dan complains, management doesnt have to investigate because both parties are
males.
1.

True

2.

False

Height requirements may be the basis for a disparate impact claim of national origin
discrimination under Title VII.
1.

True

2.

False

To promote uniform practices, workplace grooming codes should not be waived for religious
reasons.
1.

True

2.

False