Cross-8E: Question with Sample Answer s1

Cross-8e: Question with Sample Answer Chapter 22: Employment Discrimination

22–2. Question with Sample Answer: Religious Discrimination.

When Kayla Caldwell got a job as a cashier at a Costco store, she wore multiple pierced earrings and had four tattoos, but she had no facial piercings. Over the next two years, Caldwell engaged in various forms of body modification, including facial piercing and cutting. Then Costco revised its dress code to prohibit all facial jewelry, except earrings. Caldwell was told that she would have to remove her facial jewelry. She asked for a complete exemption from the code, asserting that she was a member of the Church of Body Modification and that eyebrow piercing was part of her religion. She was told to remove the jewelry, cover it, or go home. She went home and was later discharged for her absence. Based on these facts, will Caldwell be successful in a lawsuit against Costco for religious discrimination in violation of Title VII? Does an employer have an obligation to accommodate its employees’ religious practices? If so, to what extent?

Sample Answer:

Under Title VII of the Civil Rights Act, an employer must offer a reasonable accommodation to resolve a conflict between an employee’s sincere religious belief and a condition of employment. Reasonable accommodation is required unless such an accommodation would create an undue hardship for the employer’s business. In this hypothetical scenario, the only accommodation that

Caldwell considered reasonable was a complete exemption from the no-facial- jewelry policy. This could be construed to impose an undue hardship on Costco.

The company’s dress code could be based on the belief that employees reflect on their employers, especially employees who regularly interact with customers, as Caldwell did in her cashier position. Caldwell’s facial jewelry could have affected Costco’s public image. Under this reasoning and in such a situation, an employer has no obligation to offer an accommodation before taking other action.

Thus, Caldwell is not likely to succeed in a lawsuit against Costco for religious discrimination.