Question

Case #1 Kern v. Dynalectron Corp. 577 F.Supp.1196 (N.D. Tex 1983) Wade Kern, a white, Baptist male, applied for a job as a helicopter pilot with Dynalectron. Under a contract with the Saudi Arabian government, Dynalectron was recruiting pilots to fly patrol missions along the pilgrimage route to Mecca. Because such flights entered the holy area around Mecca, and since Saudi law specifies beheading as the penalty for non-Muslims entering this area, a condition of employment was that pilots be Muslim. Kern understood and accepted this condition and was hired. However, three months after formally converting from Baptist to Muslim, he changed his mind. Dynalectron offered him another position that would become available in four months. Kern declined that position and demanded that he be given another position immediately. The company refused. He brought suit, alleging religious discrimination in employment.

Questions
1. Is Kern (the plaintiff) charging disparate impact or disparate treatment?

Answer 1

Kern is charging disparate treatment, alleging that he was intentionally treated differently by Dynalectron Corp because of his change in religious beliefs after converting from Baptist to Muslim, which is prohibited under Title VII of the Civil Rights Act of 1964.

Step-by-step explanation:

Wade Kern is charging disparate treatment in his lawsuit. Disparate treatment occurs when an individual of a certain religion is intentionally treated differently because of their religious beliefs, practices, or requests for accommodation. In Kern's case, he converted to Islam to comply with the employment requirements, but subsequently changed his mind about practicing the Muslim faith. When he requested a different position and was denied immediate placement, he perceived this as religious discrimination.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion and mandates that employers must make reasonable accommodations for employees' religious practices, unless doing so would impose an undue hardship on the operation of the employer's business. Kern's lawsuit alleges that Dynalectron Corp's refusal to provide him with an immediate alternative position amounted to religious discrimination, and he is seeking redress through the court system.