Topic: Freedom of Religion

The Cardigans are an equal opportunity employer.
Gabbie has been hired to answer phones for CARDWARE between the hours of eight and noon daily with a 1-hour lunch break followed by reception work from 1 p.m. to 4 p.m. At the time of hire, Gabbie was informed of the hours and the importance of being available to answer calls promptly. Additionally, she was told that there is a high volume of calls in CARDWARE. As such, it is essential that Gabbie make sure that if she is ill or has a vacation day, she provides CARDWARE reasonable notice so that a suitable substitute could help answer the telephone and take messages.

One Monday morning, Gabbie announced that she was now a member of the New Freedom Ocean Peace Church. Further, that she would need to have an hour off twice a week to observe her new found religious practices of going to the beach and meditating and praying. She also indicated on the day of her announcement that she is very excited and will be observing her first religious requirement that day. Cora reminds Gabbie of the terms of Gabbie's employment and tells her that CARDWARE will not be able to provide accommodation for Gabbie's religious activity.

Discuss whether or not CARDWARE is obligated under the First Amendment to provide reasonable accommodation or not. Be sure to provide an engaging and substantive response indicating your understanding of her constitutional right to the free exercise of her religion. Do you agree? Why or why not?

In your response, be sure to:

1. Discuss the establishment clause.

2. Discuss how employers must reasonably accommodate employees' religious beliefs.