In EEOC v. Texas Hydraulics, 583 F.Supp. 2d 904 (M.D. Tenn. 2008), an employee worked at a plant, but the employee’s religious beliefs prevented him from working on Saturday the Sabbath day of his religion. For many years in the workplace this was not a problem. However, the employer’s business demands increased and the employer required the employee to work on Saturdays. After the employee failed to work on several Saturdays, he was terminated. The employee filed a claim of religious discrimination under Title VII. The employer later filed a motion for summary judgment, contending that the employee’s claim should be dismissed.
A reviewing federal district court refused to dismiss the employee’s claim and determined that there was evidence that the employer failed to reasonably accommodate the employee’s religious beliefs. According to the court, the employer could have:
• Initiated a voluntary shift exchange with this employee and other employees.
• Posted a notice asking other employees to work for the employee on Saturday.
• Modified or changed the employee’s job so that he would not have to work nearly as many Saturday shifts.
Under the facts of this particular case, the reviewing federal district court determined that the employer did not make a good enough attempt at accommodating the employee’s religious practices.
- If the employee establishes a prima facie claim, what must the employer do?
- How does an employee prove a claim of religious discrimination?
- Title VII also prohibits religious discrimination by covered employers. What is the law’s definition of religion?
- Does Title VII prohibit discrimination against transsexuals?
- Does Title VII protect employees who are harassed by members of the same sex?
- Can employers assert any defense to supervisory harassment?
- If a supervisor commented on an employee’s physical anatomy a few times and made several sexual jokes in her presence, is that sexual harassment?
- Does Title VII apply to harassing behavior on the part of employers?
- If an employer does present a legitimate, nondiscriminatory reason for the discharge then what must the employee do to prove his or her case?
- If an employee presents a prima facie (or basic) case of discrimination, what must the employer show?
- Would a negative performance evaluation constitute an adverse employment action?
- What is an adverse employment action?
- How should and employer determine if an employee is qualified?
- What is a protected class?
- What happened to Percy Green after McDonnell Douglas v. Green?
- What was the McDonnell Douglas case about?
- Under the McDonnell Douglas framework, how does an employee establish a prima facie case of discrimination?
- How does a court determine whether an employee suffers discrimination?
- Does the EEOC’s finding of no discrimination prevent a subsequent court proceeding?
- What if the EEOC does not find there has been discrimination?