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Corporation of the Presiding Bishop v Amos Case

Date:  2021-05-20 18:30:50
4 pages  (916 words)
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Mayson was working at the Deseret Gymnasium owned by Corporation of the Presiding Bishop of the Corporation of the President of The Church of Jesus Christ of Latter-day Saints for sixteen years as an assistant building engineer and then the building engineer. He was however discharged in 1981 on basis that he was not a member of that church

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Together with others, Mayson went to court alleging being discriminated on the basis of religion in violation among other things. The defendant on the other moved to court to dismiss this allegation on the ground that section 702 shields them from liability

The district court first looked at whether the facts found in this case require any decision on the constitutional arguments of the plaintiff. It started from the premise that religious employers and activities can be exempted from Section 702. the court therefore came up with three-part test and found out the following; the Gymnasium in connected to the church in matters of management and finances, there was no clear connection between the primary function of the gymnasium and religious beliefs, that the activities of Mayson were not connected to his religious beliefs

The court also looked at the constitutional rights of the plaintiff concerning Section 702. First it said that the Section assures that the government does not interfere with the religion affairs.

The court thus ruled in favor of Mayson after declaring the statute unconstitutional when applied in the secular activities. It also ordered him to be reinstated with back pay

The judgment according to me was very right due to the fact the duties of Mayson were not connected in any way to his religious beliefs. He had also worked for many years, why hadnt they noticed that?

Trans World Airlines vs. Hardison

Hardison was working with Trans World Airlines at the Kansas City Base. The seniority system of TWA is mainly implemented by the union steward through a system of bidding by the employees for a given assignment as they become available. The most senior employees in most cases are required to only work in a situation where the union steward is not able to get enough people who are willing to work at a given period of time.

In the year 1968, Hardison began studying World Wide Church of God religion. The tenets of this religion have it that one should observe Sabbath by refraining from performing any work on Saturday. Hardison informed the stores manager about the conviction of his religion. The manager agreed to look for him a job swap or even a change of day off so as to allow him observe his religion. Hardison even agreed to work on traditional holidays when asked. This problem was solved temporarily when he was transferred to the 11 Pm -7 Am shift.

The problem arose when Hardison bid for and received transfer to building 2 from building 1. He was supposed to work during the day. The seniority list in the two building was separate. In building 2 he was to work on Saturdays when his fellow employee was on vacation. TWA agreed to permit the union to seek a change for Hardison but the union was unwilling to violate provisions of seniority set in the contract of collective bargaining.

He also made a proposal to work for only four days a week but it was rejected too. His job was very essential and leaving it would supply shop functions which were very critical to the airlines

Hardison refused to report on Saturday. The court found out that TWA had had made unlawful employment practice according to Section 703(a) (1)

According to me, the court was right due to the fact that TWA had not made any reasonable efforts to accommodate religious needs of Hardison.

Equal Employment Commission V WC&M Enterprise, Inc

Mohammed was an Indian and a Muslim. He was a sales man at WC&M Enterprises. After the terrorist attack in 11, 2001, he began being subjected to harassment on the basis of his religion. When he arrived for his afternoon shift on 9/11, he found his coworkers coverage of the attack on a TV. One of them asked him where he had been in a mockery way and others started laughing. Rafiq inferred that these coworkers and supervisors meant that he had participated in the attack. When the US military begun military action against Afghanistan his managers and coworkers started calling him Taliban. He repeatedly warned them against calling him Taliban but to no avail

Some workers and managers also begun ridiculed him asking him to go back to where he came from. They also ridiculed his religious dietary restrictions and the need to pray on the workday. They often referred him as Arab.

One day he got into dispute with his manager when he was told that it was mandatory for every employee to enter United Way meeting. when he asked how this meeting was connected to his work, the manager told him that he should now that in he was in America and that it was not an Islamic country like India. After confrontation, Rafiq was given a warning stating that he was acting like a Muslim extremist. Rafiq complained to the Burgoon about the continued harassment.

He was fired two days later. He filed a case of discrimination with EEOC which then filed a suit against the employer alleging that the enterprise had subjected Rafiq to horrible work environment on the basis of his religion and national origin. The ruling was however made against EEOC due to lack of enough evidence.

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