QUESTION 39 Chapter 14 Religious Discrimination. Use the fact pattern to answer Question #s 39 - 42. Eileen O'Malley is a former nun. For the past 10 years she worked as an information specialist for U.S. East Communications, Inc. The company has a policy requiring professional attire. It prohibits distracting or controversial clothing and jewelry. She is Roman Catholic and attends church services reg ularly. Following a religious retreat, she began to wear an anti-abortion button to work which depicted a photograph of a developing fetus and a written statement condemning this choice. Eileen's co-workers objected to the button, were offended by it, and ultimately stopped attending work meetings if she was present. The workers complained to superiors about the button. Productivity declined because much of the workday became a debate about the button. Eileen's supervisors asked her to stop wearing the button at work. She refused and stated to do so would violate her solemn vow to be a "living witness to her faith. In consultation with Human Resources Director, the supervisor gave her three options: 1. Wear the button in her cubicle only, 2. Cover the button when she left the cubicle, or 3. Wear a button without the photo but with the same message. She again refused saying she had to wear the button to comply with her faith. With productivity, down by 40% the supervisors demanded she leave the button in her desk drawer. She stormed out and called in sick for the next week. In doing so, she exceeded her allowable absences and was fired. Eileen received a right to sue notice from the EEOC and filed lawsuit under Title VII claiming religious discrimination. You are corporate counsel for U.S. East Communications, Inc. and must prepare for litigation. Question #39: Title VII requires that the plaintiff establish a Bone Fide religious belief when claiming religious discrimination. What facts support his claim by plaintiff O'Malley? A. Plaintiff is Roman Catholic and a former nun. B. Plaintiff attends church services regularly and is committed to being a "living witness" to her faith. C. Both choices A and B. D. Neither choice A nor B. QUESTION 40 Using the facts in Question #39: Can O'Malley meet her burden of proof in establishing a prima facie case of religious discrimination? A. No because under Title VII religion is construed very narrowly and there is no evidence to support when she became a member of the Roman Catholic faith. B. Yes because Roman Catholicism is a traditional faith which is protected under Title VII and she notified her supervisor of her religious need to wear a button that presents her religious views on abortion. C. Yes because O'Malley was disciplined by her supervisors to follow their options and was ultimately fired for her actions which were based on her religious faith. D. Choices B and C only. QUESTION 41 Using the facts in Question #39: Did the employer successfully address the principle of Reasonable Accommodation in this case? A. Yes. The employer offered O'Malley three options that would allow her to maintain her religious faith without negatively impacting the workplace environment. B. Yes. The employer is not required to implement O'Malley's preference for an accommodation: wearing the button at all times. C. Both choices A and B. D. Neither choices A nor B. QUESTION 42 Using the facts in Question #39: What arguments can the employer make regarding Undue Hardship? A. O'Malley's need to wear the button presents a financial hardship to the company. B. O'Malley's button resulted in a 40% decrease in productivity since her co-workers stopped attending meetings when she was present with the button on. C. O'Malley's button was infringing on other ability to worship their chosen faith. D. None of the above choices