BUS624 Week 5 Assignment

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1 Religious Discrimination: Reasonable Accommodations Belinda Hodge The University of Arizona Global Campus BUS624: Laws & Ethics in the Business Environment Dr. Stacey Calloway July 8, 2023

2 Religious Discrimination: Reasonableness Accommodations Ms. Djarra sued McFatty’s Burger Joint for firing her due to religious discrimination. Ms. Djarra, a devout Muslim, wore a head scarf during the month’s observation of Ramadan along with the required uniform. She explained this to her manager, Mr. Johnston, who at that time did not give an indication there was an issue (YBTJ_ Religious_Arg , n.d. 0:06-0:52). Mr. Johnston explained that he shared with Ms. Djarra the uniform policy and the head scarf was not part of this uniform. He also stated that he had to consider the safety for his full staff as well as patrons. Mr. Johnston indicated that the comments made towards Ms. Djarra were threatening and concerning to his other employees (YBTJ_ Religious_Arg , n.d., 1:37-3:47). Mr. Johnston did offer Ms. Djarra to take the month of Ramadan off but Ms. Djarra could not afford to do this. Mr. Johnston further explained that he could not place Ms. Djarra to perform other tasks that would not be in the public eye. Both Ms. Djarra and Mr. Johnston agreed each is amenable to work together at McFatty’s Burger Joint (YBTJ_ Religious_Arg , n.d., 4:45-7:58). Given the facts above, the Judge is required to determine if Ms. Djarra established prima facie case for religious discrimination, if Mr. Johnston did his best to offer Ms. Djarra reasonable accommodations or if doing this would create undue hardship, and to identify types of damages under Title VII and the type of awards Ms. Djarra is due, if any. Prima facie is a Latin expression that means “at first sight” and is pre-trial evidence reviewed by a judge, who then determines if there is enough to go to trial (Kenton, 2019, para. 1- 2). As stated in Prenkert et al. (2022), the proof of prima facie varies depending on the nature of the complaint and is the plaintiff’s proof to provide should trial be warranted. Taking the above stated facts into consideration, has Ms. Djarra proven prima facie case of termination due to religious discrimination?

3 According to the EEOC (2021), religious discrimination is when there is unfavorable treatment against a person due to religious beliefs. “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment” (EEOC, 2021, para 2). Therefore, employers must do their best to make sure policies and procedures in the workforce take the proper precautions against religious discrimination. Based on these facts, Ms. Djarra has established prima facie case of termination due to religious discrimination. As an employer, McFatty’s Burger Joint, appears to not have precautions in place to accommodate their employees’ religious beliefs. Mr. Johnston, manager of McFatty’s, shared that he gave Ms. Djarra the choice to take the month of Ramadan off to observe the Muslim holiday. Other than this, Mr. Johnston did not offer any other accommodations for Ms. Djarra’s religious observation and shared with the judge that there were no other tasks she could complete during this time. In response to Ms. Djarra’s allegations regarding other employees being allowed to wear religious objects on their bodies, Mr. Johnston stated that he “runs a tight ship” and these employees wear their religious objects under their clothing. Furthermore, Mr. Johnston stated it is his responsibility to consider the safety and welfare of all his employees and customers even if Ms. Djarra did not feel threatened. However, it is not clear if there are any other tasks or if not accommodating Ms. Djarra would create an undue hardship on the business operations (YBTJ_ Religious_Arg , n.d., 4:45-7:58). As stated in U.S. Equal Employment Opportunity Commission (2014), an employer is required to accommodate an employee’s religious beliefs and practices. Examples of accommodations due to religion are as follows: exception to company’s dress and grooming code, workday schedule changes, or changes to break schedule. The only exception to

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4 accommodations is if there is undue hardship such as, lack of staffing, jeopardizing security or health, or violating a seniority system (U.S. Equal Employment Opportunity Commission, 2014, para 4). Also, noted is that customer preference or coworker dissatisfaction is not applicable to denying an employee religious accommodation. “The goal of the law is to put the victim of discrimination in the same position (or nearly the same) that he or she would have if the discrimination had never occurred (U.S. Equal Employment Opportunity Commission, n.d., para 1). This can also include the recovery of attorney’s fees, expert witness fees, and court costs. Also, allowed are compensatory and punitive damages but there is a limit depending on the size of the employer (U.S. Equal Employment Opportunity Commission, n.d., para2-3). As judge, the difficulty lies in the unknowns, such as not having other opportunities for Ms. Djarra to work while wearing her head scarf or how threatening were the customer comments to Ms. Djarra and to her coworkers. Ms. Djarra clearly outlined the importance of her faith and how she did not feel threatened. She also shared the difficulties in finding alternate employment due to being fired. Mr. Johnston stated that there is uniform policy and his assessment of the customers comments was threatening. One last thing to consider is that Ms. Djarra and Mr. Johnston both stated they would agree to working with each other again (YBTJ_ Religious_Arg , n.d., 06:45-08:00). To make this work, McFatty’s would need to change its uniform policy or find an alternate job for Ms. Djarra to perform in times when she would need to observe her religious beliefs. Based on these facts, the judge finds in favor of Ms. Djarra and for McFatty’s to pay her lost wages and incurred court costs. The judge also determines that McFatty’s must review its policies and procedures to find ways to support religious observations for its employees.

5 References Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. R. (2022). Business law: The ethical, global, and digital environment (18th ed.). McGraw-Hill. YBTJ_Religious_Arg . (n.d.). Www.viddler.com. https://www.viddler.com/embed/3a9062ec/? f=1&autoplay=0&player=full&disablebranding=0 Kenton, W. (2019). Prima Facie . Investopedia. https://www.investopedia.com/terms/p/prima- facie.asp EEOC. (2021, January 15). Religious Discrimination | U.S. Equal Employment Opportunity Commission . Www.eeoc.gov. https://www.eeoc.gov/religious-discrimination U.S. Equal Employment Opportunity Commission. (2014, March 6). What You Should Know: Workplace Religious Accommodation | U.S. Equal Employment Opportunity Commission . Www.eeoc.gov. https://www.eeoc.gov/laws/guidance/what-you-should- know-workplace-religious-accommodation U.S. Equal Employment Opportunity Commission. (n.d.). Remedies For Employment Discrimination | U.S. Equal Employment Opportunity Commission . Www.eeoc.gov. https://www.eeoc.gov/remedies-employment-discrimination

BUS624 Week 5 Assignment

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