Assessment

Question 1

A nursing home in Iowa, whose residents were all English-speakers and all over the age of 80, instituted a rule that required that all employees speak English while working since the residents of the nursing home were elderly and not able to understand any language other than English. Several of the employees of the nursing home were Latino and spoke Spanish fluently. The nursing home informed all employees, both verbally and in writing, of the English-only rule and gave verbal and formal, written warnings to several of the Latino employees who were overheard by management speaking Spanish in the presence of residents of the nursing home. After several such warnings, the nursing home discharged Catalina for continuing to speak Spanish in the presence of residents after she had been given several warnings not to speak Spanish while she was working.

Did the discharge of Catalina for the reason given constitute national origin discrimination? Why, or why not? What factors must be considered in deciding whether an employer can legally require that only English be spoken by employees while working?

Question 2

The First Amendment to the U.S. Constitution prohibits Congress from making any laws with respect to the establishment of religion or that interfere with the free exercise of religion. It is generally agreed that the provisions of the First Amendment apply to all levels of government. The United States Supreme Court has recently ruled that Christian prayers that are said at the beginning of meetings of elected officials local governments do not violate the provisions of the First Amendment that prohibit government from establishing a religion.

Paul is an employee of a local government and is required to attend meetings of the elected officials of the local government, but Paul is an atheist and objects to the Christian prayers that are always said at the beginning of the meeting. Therefore, Paul has asked his supervisor if he can join the meetings of local elected officials after the prayers are offered, but Paul's supervisor has told Paul that out of respect for the elected officials, Paul must attend the entire meetings. Has Paul been discriminated against on the basis of his religion? Why, or why not?

Question 3

Robert's father was an American and a citizen of the United States, and Robert's mother was a citizen of Great Britain. Robert was born in Great Britain, so he had dual citizenship - United States and Great Britain. When Robert became an adult, he renounced his United States citizenship, reaffirmed his citizenship in Great Britain, and began living in England. Later, Robert moved to the United States and became a resident alien of the United States and began work as a computer programmer. Robert applied for a job with a new and fast-growing Internet start-up company on the West Coast, but during the interview process, Robert mentioned that he had renounced his United States citizenship but that he was now a resident alien in the United States. The interviewer told Robert that Robert's citizenship situation was troubling, and Robert was not offered the job.

Was the refusal to hire Robert because of his citizenship situation a violation of the prohibition of discrimination in employment based on national origin in Title VII of the Civil Rights Act? Are there other laws that prohibit this employer from discriminating in employment against Robert? What are those laws? Do these laws apply in this case? Why, or why not?

Question 4

Meredith is a devout, evangelical Christian. She believes very deeply that she should tell everyone that she meets about her religion and that she should try to convert everyone that she meets to her religion. To accomplish those goals, Meredith tells everyone that she has contact with to "have a blessed day." Since Meredith is the receptionist at Big City Flooring Company, everyone who comes into the business is greeted by Meredith with "have a blessed day." Several customers of Big City Flooring Company have told Bill Big, the owner of Big City Flooring Company, that they are uncomfortable when Meredith tells them to "have a blessed day," and those customers have asked Bill Big if there is some way that they can continue to deal with Big City Flooring Company without having to encounter Meredith. Bill Big has told those customers that he will talk to Meredith.

Can Bill Big tell Meredith not to greet customers by saying "have a blessed day" or something similar? Will limiting Meredith's expression of her religious beliefs constitute religious discrimination in employment? What sort of accommodations does Bay City Flooring Company have to make for Meredith's religious beliefs?