In the Sherbet V Verner case a member of the Seventh-day Adventist Church, was fired by her
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This case relates a lot to the Trans World Airlines Inc v. Hardison. An employee who was part of the maintenance division of the Airlines tried to sue the Airlines for his right to take Saturdays off due to his religion. But unlike the Sherbet v Verner, the court ruled against him. Yes his Free Exercise Clause was being violated, but the courts found that the Airlines argument of this employee being the only person available to do his job Saturdays on a job that needed constant surveillance and monitoring was more outweighed the need to take Saturdays off due to his religion. One would think that their could have been an alternative to this situation but according to the Airlines there was "no alternative method, such as paying premium wages to a substitute to work extra day."
This seems to be unfair because both cases included persons who requested to take Saturdays off due to their religion, but it seems that for the Trans World Airlines Inc v. Hardison, the supreme court maybe felt that this person taking Saturdays off may have increased a risk for danger because his Free Exercise Clause was violated and didn't pose to be a good enough reason to give him that day off. For both of these cases, a questions comes to me, ethically, who are the judicial system to deny one persons request, but grant another persons due to their positions at the workplace.
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Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
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