LSTD301 Week 1 Forum

.odt

School

American Military University *

*We aren’t endorsed by this school

Course

301

Subject

Philosophy

Date

Apr 3, 2024

Type

odt

Pages

2

Uploaded by udxxbeauty on coursehero.com

Part 1 Without a constitution, the resolution for this dilemma would most likely depend on two variables. The first variable being what the social norms and typical customs within the community where the resort operates. If the community largely held religious based views then there may be more social pressure to respect and uphold an individuals religious freedoms which would lend more support for Sandra's request to have Sundays off for her religious observance. In contrast, if the community majorly held more secular views there would be far less pressure to make accommodations for Sandra's request. The second variable would be Sam's personal beliefs and preferences. In a scenario where there was not a constitution, Sam would have discretion to manage the business according to their personal beliefs and preferences which could potentially lead to arbitrary decisions and unequal treatment of the employees. The lack of legal safeguards could result in a working environment where individual's liberties are compromised and the interests of the employer overshadows those of the employees. Part 2 As a paralegal assigned to assisting Sandra's lawyer, I would outline the basic arguments based on her rights to religious accommodation under the First Amendment of the U.S. Constitution, Title VII of the Civil Rights Act of 1964, and the Religious Freedom Restoration Act (RFRA). The First Amendment prohibits the government from making laws “respecting an establishment of religion or prohibiting the free exercise thereof”. Sandra requested Sundays off so that she could attend service and honor Sabbath. By denying Sandra's request Sam is violating her protection under the Free Exercise Clause, which safeguards individuals' rights to practice their religion without government interference. Additionally, Title VII of the Civil Rights Act prohibits employers from discriminating against employees on the basis of religion and requires employers to reasonably accommodate employees' religious practices (What You Should Know, 2014). There is one stipulation to this, which is the request can be denied if it imposes an undue hardship that is more than a minimal burden on operation of the business (What You Should Know, 2014). Sam's refusal to accommodate Sandra could as religious discrimination if her request did not put any undue hardship on the business. Lastly, the RFRA provides additional protections for individuals' exercise of religion against government interference (RFRA, 1993). The RFRA is designed to provide a higher level of protection for religious freedom by establishing a strict standard for laws that substantially burden the exercise of religion (RFRA, 1993). Part 3 Whether or not corporations should have First Amendment rights seems is complex. With the limited knowledge I do have, I don't believe that First Amendment rights should be extended to corporations. As an individual, the business owner or owners do not inherently have their First Amendment rights stripped away from them. In their lives, separate from their business, they are still guaranteed the same protections as everyone else. However, opening up First Amendment rights to corporations as a whole opens up potential for allowing corporations to impose their religious or political beliefs on employees. This could create a coercive environment where employees feel compelled to adhere to the beliefs of their employers or face adverse consequences. With all that being said, I do not believe that corporations should be able to impose the religious beliefs of the owners on the employees and they should be subject to restrictions like Title VII. However, as I mentioned, my knowledge at this point is limited and am interested to see opposing opinions to learn more. As for Sam, in the scenario of being a Scientologist or a member of a religion created by his cousin, they would still be protected by Title VII. Title VII defines religion very broadly and includes a wide
variety of religious practices. This includes organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism (What You Should Know, 2014). Additionally, it includes religious beliefs that may be new, uncommon, not part of a formal church or sect, or only held by a small number of people (What You Should Know, 2014). I would say that the United States does need a constitution. It provides guidance on resolving disputes, interpreting laws, and safeguards individual's rights. Without it, our legal and political system would lack guidelines and protections which could lead to instability and uncertainty. Resources: https://constitution.congress.gov/browse/amendment-1/ H.R.1308 - 103rd congress (1993-1994): Religious freedom restoration act of 1993. (1993, October 27). https://www.congress.gov/bill/103rd-congress/house-bill/1308 What you should know: Workplace religious accommodation . U.S. Equal Employment Opportunity Commission. (2014, June 6). https://www.eeoc.gov/laws/guidance/what-you-should-know- workplace-religious-accommodation#:~:text=Yes.,on%20operation%20of%20the%20business).
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