Question

Religious Discrimination.

Mary, a Roman Catholic, worked for Dillard Department Stores. Dillard considered Mary a productive employee. The store gave its managers the discretion to grant unpaid leave to employees, but prohibited vacations or leave during the holiday season (October through December). Mary felt that she had a "calling" to go on a "pilgrimage" in October to Yugoslavia, where some persons claimed to have had visions of the Virgin Mary. The Catholic Church had not designated the location as an official pilgrimage site and tours were available at other times. The store managers denied Mary’s request for leave, but she had a nonrefundable ticket and left anyway. Mary was fired. Mary searched for a new job and did not attain the level of her Dillard salary for four years. She filed a suit in a federal court against Dillard, alleging religious discrimination in violation of Title VII.

Can Mary establish a prima facie case of religious discrimination? Explain and provide reasons to support your position

Answer 1

Answer:No she can not establish a prima facie case of religious discrimination , this was not a religiously recognised prayer session or place . I quote "The Catholic Church had not designated the location as an official pilgrimage site and tours were available at other times."

Explanation:Religious discrimination is not allowed in the workplace. Title VII of the Civil Rights Act of 1964, a federal law, and the Pennsylvania Human Relations Act (PHRA) prohibit religious discrimination.

A religious belief which falls under legal protection and that is shared by the entire church is always taken into consideration at the work place, this one excludes personal preferences like how Mary personally felt she had a calling .

Three elements are involved in order for a plaintiff to establish prima facie case of religious discrimination 1) The employee has a bona fide religious beliefs which goes against general requirements.

(2) the employee herself had made the employer aware of what religious beliefs they have they may work against some work schedules. (3) the employee's religious belief was denied by the employer eventhough it was possible to accommodate it without any hustle.

The employee need the following in order to establish the case

(1) the employee belongs to a recognized religion. (2) the employee suffered an adverse employment action; and (3) the employee was treated differently than others who have asked for the same religious accomodation.