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Freedom of religion speech
Freedom of religion speech
Freedom of religion speech
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The First Amendment states that Americans have the right to freedom of religion; however, when they take this Amendment and place it into practice in a workplace, the Amendment begins to crumble and Americans face defeat in the hands of industries and organizations. “The First Amendment guarantees freedom of religion, expression, assembly, and the right to petition. It forbids Congress from restricting an individual’s religious practices. Also, it guarantees freedom of expression by prohibiting Congress from restricting the press or the right of individuals to speak freely” (Amendment). With this in mind, some religion requires their members to have exposed piercings, tattoos, or dress wear at all times. When these members take their religion …show more content…
During her time with the company, she was also a member of the Church of Body Modification. This church was a “national organization of some thousand members that emphasizes, as part of its religious doctrine, spiritual growth through body modification” (Cloutier). Furthermore, members of the church believed that the “body, soul, and mind are one entity” (Roberts). Which allows members of this church to display their spirituality through exposed piercings and tattoos. As a result, Cloutier was responsible for wearing religious piercings displayed on her face. This became a huge issue in the workplace on behalf of Costco. Costco requested multiple times for Cloutier to remove her piercings in the workplace; nonetheless, Cloutier argued that her piercings were part of her religion. Regardless of her religion, Costco decided to terminate Cloutier from the workplace as a result of Costco’s dress code violation. Furious with the result of this action, Cloutier decided to take this complication into court as a result of Costco violating her First Amendment right. While in court, the authority decided to revoke Cloutier’s lawsuit and side with the defendant, Costco. The court argued that “members of the Church of Body Modification were viewed as unconventional and bizarre” (Cloutier); because of this, the sole image of the company could be affected if they permit the piercing in the workplace. Thus, the First …show more content…
During his time at the department, Booth was a member of the Rastafarian religion. This religion is the “belief in the Judeo-Christian God and is based on Judaism and Christianity, with an emphasis on Old Testament laws and prophecies and the Book of Revelation” (Rastafarianism). Furthermore, the use of dreadlocks in this religion is a “sign of African identity and religious vow of separation from wider society” (Booth). As a result, Booth is required to have dreadlocks at all times as part of his religion. However, officers in the workplace were required to have no longer than two inches of hair length. Booth’s violation of the dress code received multiple complaints. One of which was to “remove his dreadlocks to comply with the dress code policy” (Booth). After multiple requests, Booth decided to get in contact with a superior and urge an end to this matter. However, the matter didn’t end the way Booth was anticipating. He was “denied his request for a religious exemption to the policy and was informed that consequences will be given if he did not comply with the policy” (Booth). Even with this in mind, Booth refused to remove the symbols of his religion and decided to take this matter into court. He argued that the dress code policy in the department violated his right under the First Amendment. Booth also listed employees that violated the policy but were still allowed to
New York Transit Authority, the employer is required by the law to reasonably accommodate Ms. Myers religious beliefs. (U.S. Equal Employment Opportunity Commission, 2015) An employee’s every desire request is not required by the guidelines prescribed in Title VII. (U.S. Equal Employment Opportunity Commission, 2015) If accomodating Ms. Myers would have caused undue hardship to the employer, the New York Transit Authority, reserves the right to limit its accommodation. (U.S. Equal Employment Opportunity Commission, 2015)
The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercises or beliefs of any religion. However, the government can in fact interfere with religions practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices.
The first Amendment of the United States Constitution says; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and use of peyote is a crime. The Supreme Court returned the case back to Oregon State Courts to determine if Oregon law prohibits the use and possession of peyote for religious purposes. Oregon State court ruled that consumption of illegal drugs for religious purposes was still considered illegal; however, they were also aware that this ruling also violated the First Amendment. The main issue is whether the government can prevent the religious use of peyote under the Free Exercise Clause of the First Amendment, even if a law prohibits it for everyone else. In addition, can the state deny unemployment benefits to someone who has been fired for using peyote for religious purposes?
The Court held that failing to accommodate a potential employee or an employee was enough to bring up a disparate treatment claim. It held that in order to make a claim based on disparate impact the plaintiff needs only to prove that the need for accommodation was the motive behind the employer’s refusal to hire them, not whether the employer knew about this need. Therefore, the Court determined that rather than imposing a knowledge standard, like the 10th Circuit Court did, motive was enough to violate Title VII since Abercrombie knew or suspected that Elauf wore the headscarf for religious reasons and did not want to accommodate her. “An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions” (EEOC v. Abercrombie & Fitch, Inc., 2015). Finally, the Court held because of the description that Title VII gives for religion, it places religion as a protected class and therefore asks that it be given favored treatment over other
...T AMENDMENT BECAUSE THE PRAYERS GIVEN BEFORE EACH MEETING SHOWED ENDORSEMENT AND COERCION OF A PARTICULAR FAITH.
Separation of church and state is an issue in the forefront of people’s minds as some fight for their religious freedoms while others fight for their right to not be subjected to the religious beliefs of anybody else. Because public schools are government agencies they must operate under the same guidelines as any other government entity when it comes to religious expression and support, meaning they cannot endorse any specific religion nor can they encourage or require any religious practice. This issue becomes complicated when students exercise their right to free speech by expressing their religious beliefs in a school setting. An examination of First Amendment legal issues that arise when a student submits an essay and drawing of a religious
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (First Amendment Center, 2008)
According to Justice Scalia, “if prohibiting the exercise of religion was merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment was not offended.” (Questions and Answers, Map of the RFRA). Thus, the adage is a sham. ".the government no longer had to justify most burdens on religious exercise. The free exercise clause offered protection only if a particular religious practice was singled out for discriminatory treatment.
Religious Discrimination according to the Equal Employment Opportunity Commission, involves treating a person (applicant or employee) unfavorably because of his or her religious beliefs. It can also involve treating someone differently because that person is married to or associated with an individual of a particular religion or because of his or her connection with a religious organization/group. Today, most twenty-first century managers are familiar with Title VII of the Civil Rights Act of 1964, which states that failing or refusing to accommodate an employee’s religious practices, or taking adverse employment action based on a person’s religion can result in charges of discrimination (EEOC). Therefore, managers should not use or inquire about an individual’s religious beliefs unless an accommodation is requested.
The article “Faith in the workplace”, featured in The Economist, is about a new admonition that came up last month from America’s Equal Employment Opportunity Commission which stated that last year there were 3, 721 religious discrimination cases in the workforce, which makes the year 2013 with the most amount of religious discrimination cases. Therefore they enforced a law, because it’s a human right for firms to respect their workers and provide them with religious needs, that all the bosses and managers of the Western part of the world, must respect and have to allow their employees to display their religious faiths and beliefs and let them practice it while at work, for example: letting Muslim women wearing their Hijab (head scarf), letting people celebrate their special holidays. That is why all Business firms and companies have changed their rules in order to meet employee’s expectations such Abercrombie Fitch, because if they don’t meet their expectations and discriminate them they will have suffer from lawsuits and so on.
Tattoos have been around for quite some time now, and they have always been a symbol of belonging, cultural expression or for religion. These days, individuals choose to tattoo themselves because it is part of their lifestyle or personal image. While continuing to grow in popularity and becoming a lifestyle, people are facing issues with having visible tattoos in the workforce. Although it is a form of free expression, employers have a right to enforce certain rules about tattoos in their company because they have a public image to uphold. How you present yourself to the public is solely important, which is why tattoos should not be allowed to be seen in the workplace, since it may appear offensive or unconservative.
There are many militaries throughout the world but the US Military is seen as the most professional and capable military in the world. We are perceived this way due to our rules and regulations that have branched from our fundamental principles and doctrine. Uniformity is one of our leading regulations in the military. Uniformity is what makes the military have a professional image. It is the basis of our instructions and regulations concerning the dress and appearance of our military personnel. Recently however, the Pentagon has decided that it is more important to accommodate certain groups of people then to have a professional and uniform military. On January 22nd 2014 the Pentagon passed a new policy that is easing up on the existing regulations by allowing beards, turbans, headscarf’s, tattoos and piercings of religious nature to be worn while in uniform (Pellerin, 2014). This new policy has started a heated debate about whether this is a good idea or not. I myself believe that this policy should not be allowed because it is undermining basic military values, lowering our standards on regulations, and it is a start to a new undesirable military force.
Davis, Derek H. “Reacting to France’s Ban: headscarves and other Religious Attire in American Public Schools.” Journal of Church and State. Spring 2004. EBSCO. Online. Feb 28 2010.
Then, I will present the case Cloutier v. Costco Wholesale, which shall illustrate how everything fits together – from the broad definition of religion to the handling of a filed charge.