W1 Class 2 Discussion reply

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Harvard University *

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Nov 24, 2024

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Hi Lamboni, Thank you for your post. I agree with you that the problem started during the hiring process. Sam would have laid company’s policies about culture and religion to prevent issues that would raise controversies. If the Constitution did not exist, Sam would have fired employees who had cultural or religious beliefs that interfered with his business. Besides, local customs would have been used to determine which practices are good relating to religion and business. Although the Religious Freedom Act of 1993 and Title VII of the Civil Rights Act of 1964 provide that employers can refuse to accommodate employee’s religious beliefs if it is clear the accommodation will create an undue hardship to the business, Sam’s agreement to accommodate Sandra’s Christianity belief acts as a verbal contractual agreement (US Equal Employment Opportunity Commission, n.d) Therefore, Sam should continue accommodating Sandra’s beliefs but should engage her and re-negotiate the issue to avoid legal action. Reference US Equal Employment Opportunity Commission (n.d). Title VII of the Civil Rights Act of 1964. Retrieved from, https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 Hi Alfred, I appreciate your post. The US Constitution sets clear guidelines that control citizens, corporates and the government’s actions to ensure there is a balance among all the entities. Therefore, without the Constitution, Sam would decide how to treat his employees without considering their welfare. On the other hand, Sandra would decide to quit her employment or forego her religious beliefs. However, the presence of the Constitution regulates Sam’s and Sandra’s actions to ensure there is a balance to ensure Sam’s business does not face a hardship that would make it collapse, while Sandra and other employees are respected and work in a dignified environment. Although Sam’s decision to stop providing birth control health insurance is more of a business decision to caution it from the economic downtowns, employees should understand that the COVID-19 vaccine is a government guideline to control the spread of the disease and should take the vaccine unless they prove that taking the vaccine would have adverse health impacts or it is against their sincerely held religious beliefs and practices. However, under Title VII of the Civil Rights Act of 1964 , Sam should ensure that his workers work in an ideal environment free from any form of discrimination to avoid legal action (US Equal Employment Opportunity Commission, n.d). Reference US Equal Employment Opportunity Commission (n.d). Title VII of the Civil Rights Act of 1964. Retrieved from, https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Hi Kelly, I enjoyed reading your post. If there was no constitution in the United States to regulate Sam’s decision, he would decide to fire Sandra or else she would comply with his policies in favor of the business. However, I believe there would be customs to follow concerning employees’ religious beliefs and how employers should handle them. The decision to stop supporting birth control health insurance does not warrant any legal action since this was done to reduce business expenses due to COVID-19 economic effects. However, under the Title VII of the Civil Rights Act of 1964, Sam should not impose his religious or cultural beliefs on his employees (US Equal Employment Opportunity Commission, n.d). Since Sam had agreed to accommodate Sandra’s beliefs, he should initiate negotiations and explain to her the business implications of going to work on Sunday. She may be convinced and decide to adjust. However, suppose the parties are unsatisfied and decide to take legal action. In that case, Sam has to prove that Sandra’s religious belief is causing hardship to his business, while Sandra has to show that her Title VII rights have been violated. Reference US Equal Employment Opportunity Commission (n.d). Title VII of the Civil Rights Act of 1964. Retrieved from, https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
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