religious discrimination
...ular religious belief. For example if an employee has a sincere held religious belief not to work on Saturday because Saturday is considered that employee’s Sabbath, then the employee should bring that belief to the attention of the employer. The employer should make every attempt to accommodate the employee pertaining to his/her beliefs without reprimanding the employee as a result of this accommodation. Major Court Decisions There were five major court decisions that thrust forward the issue of religion and the right to work. These cases include the following: • Sherbert v. Verner (1963) • Trans World Airlines v. Hardison (1977) • Ohio Civil Rights Commission v. Dayton Christian Schools (1986) • Corporation of the Presiding Bishops of the Church of Latter-Day Saints v. Amos (1987) • And Employment Division, Department f Human Services of Oregon v. Smith (1990) In the first case, Sherbert v. Verner, the plaintiff was fired by her employer because she refused to work on Saturday her faith’s Sabbath. Verner filed her claim stating she was denied her right to freely exercise her religion. The Supreme Court ruled 7-2 in favor of the woman’s right to refuse to work on her Sabbath without relinquishing her right to unemployment benefits. The decision forced states to recognize the unique requirements of various faith traditions. In the next case, Trans World Airlines v. Hardison the plaintiff’s acceptance of the tenants of the Worldwide Church of God forced him to refrain from work from sunset Friday until sunrise on Saturday. Due to the fact that the employee was at the bottom of the seniority list TWA was unable to offer him a shift that accommodated his observance of the Sabbath. When he refused to work on Saturdays, Hardison was fired for insubordination. Hardison then decided to file a claim stating TWA did not make reasonable accommodations for his religious beliefs. The court decided 7-2 that TWA went far enough and attempting to accommodate Hardison’s religious beliefs. The decision focused on the effects on other employees of accommodating Hardison’s religious beliefs. Abandoning the seniority system and forcing another employee to work on weekends would punish them for not holding religious beliefs that required them to observe the Sabbath. In the third case, Ohio Civil Rights Commission v. Dayton Christian Schools a woman working for the school who was pregnant was denied renewal of her teaching contract by the school because the school who required all of its teachers to subscribe to certain religious beliefs. The school denied her contract because they believed that mothers should remain home with their children. When the woman attempted to file a claim against the school, they sought an injunction against its investigation because the schools hiring practices were based on their sincere religious beliefs. The Supreme Court ruled in a unanimous decision allowing Ohio Civil Rights Commission to continue its investigation. This case decided that religious organizations cannot use their religious freedom to prevent an initial investigation. In the fourth case, Corporation of the Presiding Bishops of the Church of Jesus Christ of Latter - day Saints v. Amos the petitioner was employed at a non-profit organization affiliated with the Church of Jesus Christ of Latter-day Saints which was open to the public, however he got fired because he was not a member of the church. Amos filed the claim and the church argued that its religious affiliation exempted it from being subject to religious discrimination charges. In a unanimous decision, the Supreme Court found that the exemption in the Civil Rights Act of 1964 was constitutional because it was related to a legitimate interest. The decision uses neutrality as an important criteri...