The Constitution: Do We Need It?

Please read the fact pattern below and answer the following questions:

Sam owns a resort that has over 100 employees. He hired Sandra, a Christian to serve as a housekeeper. Sandra informed him during the interview process that per her faith, she would need to have every Sunday off on the schedule as she goes to church on Sunday and believes that Sunday is the Sabbath and that she must keep it holy by not working and taking a rest. Sam, who espoused a policy of diversity, told her it wouldn't be an issue.

After the U.S. Supreme Court decision inBurwell v. Hobby Lobby Stores,573 U.S. 682 (2014), Sam decided to stop paying for any kind of birth control through the health insurance that he offered his employees due to financial loss associated with the COVID-19 crisis; the business went under, and numerous employees left for higher paying jobs or left out of fear of catching the virus. While the resort offered free COVID-19 vaccinations, many stated that it was against their religion to take the vaccine and opted to look for other employment.

Sam then started thinking about other ways in which religion impacted his business. After talking with his wife, he decided to tell Sandra that she could no longer be off every Sunday, as it probably was disruptive to business and bothered the other employees (as they said they were Christians too, but still had to work on Sunday and even took the vaccine to maintain their job during the economic uncertainty). He issued Sandra a letter informing her that, under her religious freedom rights as a business owner, he would no longer allow her to be off every Sunday. The next day, he got a certified letter from Sandra's lawyer telling him that he was violating her rights and unless he allowed her to continue to continue to be off every Sunday, he would be subject to a lawsuit.

Part 1

How would the legal dilemma(s) posed in this scenario likely be resolved if no Constitution existed? Does what you imagine seem impartial and/or fair to all parties?

Part 2

Using the federal Constitution "as is", assume that:

I am a paralegal assigned to assisting Sandra's lawyer.

My response

Part 1:

If there were no Constitution, resolving this situation would likely depend on basic fairness, common practices, and maybe contract law. Without constitutional protections, Sam might argue that as the business owner, he has the right to decide work schedules based on what is best for his business. Sandra could however argue that they had an agreement about her having Sundays off and changing that now is unfair and could even be a breach of contract.

In a scenario without the Constitution, the outcome might favor the business, especially if there is no legal framework supporting religious accommodations at work. This might seem fair to business owners but would not feel fair to employees like Sandra, who might have to choose between their job and their religious beliefs.

Part 2:

As a paralegal helping Sandra's lawyer, the arguments would focus on:

Title VII of the Civil Rights Act of 1964: This law prevents employers from discriminating based on religion and requires reasonable accommodation of religious practices unless it causes undue hardship for the business. Sandra's request for Sundays off is likely a reasonable accommodation, and Sam would need to prove that allowing this would cause undue hardship, which is doubtful since he initially agreed to it in the beginning. TheBurwell v. Hobby Lobby Stores, Inc. supreme court case recognized that businesses could have religious beliefs under the Religious Freedom Restoration Act (RFRA). However, it also points out the importance of protecting individual religious rights. Sandra's rights under Title VII should be emphasized, arguing that these should not be overridden due to the owner's "preferences", especially without proof of undue hardship.

Employer's Prior Agreement: Sandra can claim that she was hired with the understanding she would have Sundays off and changing that now is a breach of their initial employment terms, which could be seen as religious discrimination.

Part 3:

Personally, I do not believe corporations should impose the owners' religious beliefs on employees, especially when it leads to discrimination or violates laws like Title VII. Religion is extremely personal, and employees should be able to practice their beliefs whether similar or not, without employer interference. In my opinion, workplace should be neutral, where people are evaluated based on their work, and not their religious views.

The specific religion should not necessarily matter in terms of legal protection. What IS important is whether the belief is sincerely held, not how popular or mainstream it is. However, I do believe there should be limits, particularly if a belief system is so unconventional that accommodating it would significantly burden others.

Yes, the US definitely needs a constitution. It is a foundation for protecting rights, ensuring checks and balances, and maintaining a consistent legal standard. Without it, rights could be easily disregarded, leading to unfair treatment and instability. The Constitution is crucial for ensuring that everyone, regardless of their status, is treated equally under the law.

References:

Burwell v. Hobby Lobby Stores, Inc. :: 573 U.S. 682 (2014) :: Justia US Supreme Court Center

What You Should Know: Workplace Religious Accommodation | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Do you agree or disagree and how would you argue against this?