WCM-620 8-2
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Jun 11, 2024
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Uploaded by christophermalcovish
Employment Law
November 12, 2023
WCM-620 7-2
Employment Law
Christopher Malcovish
Southern New Hampshire University
Employment Law
2
In the case of Kareem versus ABC Company, Kareem contends that he faced discrimination due to his Muslim faith, which mandates him to pray five times daily. This religious practice necessitated him to temporarily leave his workstation for approximately fifteen
minutes each time for ablutions — washing his hands, face, arms, and feet, before praying in a quiet area. During these moments, Kareem was observed by his colleague Michael, both during the cleansing rituals and the prayer itself. Another colleague, Karen, also noticed Kareem's absences and inquired about them. After Kareem explained his religious practices, Karen did not pursue the matter further.
The Civil Rights Act of 1964, specifically Title VII, is a pivotal federal law in the United States that prohibits employment discrimination on the grounds of sex, race, color, national origin, and religion. This law is applicable to employers with 15 or more employees, encompassing various sectors including federal, state, and local governments, as well as private and public colleges and universities, employment agencies, and labor organizations.
In the context of the case study involving Kareem, it appears that his termination was primarily attributed to his frequent absences and an alleged decline in work performance. However, a more thorough and empathetic approach by Thomas and Janet, his superiors, could have revealed that Kareem's absences were in adherence to his religious obligations. It was incumbent upon management to initiate a dialogue with Kareem to better understand his needs and explore possible accommodations, as mandated by Title VII.
While Kareem did inform his colleague Kathy about his religious practices, he refrained from directly discussing this with management, possibly due to a desire to avoid special treatment or drawing attention to himself. This situation underscores the critical role of communication in the workplace, particularly in matters of religious accommodation. Had there
Employment Law
3
been an open conversation between Kareem and his superiors regarding his absences, a simple adjustment to his schedule might have sufficed to address the concerns of both parties.
Furthermore, the law protects employees like Kareem from being terminated due to religious practices. Although Thomas cited poor performance as the reason for termination, there was no concrete evidence of a drop in Kareem’s productivity nor was there any formal performance review conducted. The case study suggests that the actual reason behind Kareem's termination may have been his religiously motivated absences, highlighting a potential oversight of his Title VII rights.
However, Michael reported Kareem's behavior to their supervisor, Janet, who subsequently began monitoring Kareem and reported her observations to Thomas, their superior. Thomas then made the decision to terminate Kareem’s employment without further inquiry.
Under the law, employers are required to reasonably accommodate an employee's religious practices, barring any significant operational burden. This could include flexible work schedules,
shift swaps, reassignment of job roles, or amendments to workplace policies. In this scenario, responsibilities lie with multiple parties. Kareem could have proactively informed his supervisors
about his religious needs to facilitate potential accommodations. Michael, upon observing Kareem, could have chosen to speak directly with Kareem instead of escalating the matter. Janet,
upon receiving the report, had the opportunity to engage in a dialogue with Kareem about his religious practices and their impact on his work performance. The primary concern seemed to be Kareem’s frequent absences from his desk and the resulting decline in his work performance, rather than his religious practices themselves.
The situation underscores the importance of communication and understanding of religious accommodations in the workplace. It also highlights the need for employers to be aware
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