Saint HRA545 – Case Assignment 5
Case #11 Mary Myers is a working towards Seventh-day Adventist. The tenets of her faith forbid her from participating in any type of work on the Sabbath, which extends from sunset on Friday to sunset on Saturday.In June 1988, Myers was employed as a full-time bus operator trainee by the New York Metropolis Transit Authority, which operates its buses on a seven-day-per-week, 24-hour-per-day foundation. From the outset, Myers made it clear to her supervisors that her non secular commitments would forestall her from working between sunset on Friday and sunset on Saturday. An issue arose as a result of she was assigned Wednesdays and Thursdays as her days off, a schedule requiring her repeatedly to work on her Sabbath.Underneath the phrases of the collective bargaining settlement between the Port Authority and the Transport Employees Union, the privilege of choosing weekly days off was allotted in accordance with a strict seniority system. Myers spoke with a number of of her employer’s representatives in an effort to acquire some lodging for her Sabbath observance. Her request for “split” days off was rebuffed on the bottom that the observe was forbidden by the collective bargaining settlement.Query: Should an employer make a superb religion effort to attempt to accommodate an employee’s Sabbath when the lodging would place the employer in violation of a collective bargaining settlement? Clarify.Case #12 Dr. Cacace is an urologist and Marge DeSantis is his workplace supervisor. Ms. Rosario, born in New Jersey of Puerto Rican ancestry, was employed in late June 1997 as a secretary/medical assistant. She was discharged in early August of the identical 12 months.One qualification for the job was fluency in Spanish as a result of most of Dr. Cacace’s sufferers have been Spanish talking. Ms. Rosario is bilingual in Spanish and English. One other bilingual medical assistant, Bertha Aranzazu, was additionally employed within the workplace. Dr. Cacace speaks English and Spanish as effectively, as does his spouse who additionally labored within the workplace and is of Hispanic origin. Ms. DeSantis was the one worker who was not proficient in each languages; she spoke and understood English solely.Ms. Rosario characterised Ms. DeSantis’s therapy of her as follows:Throughout my employment, at the very least as soon as every week I used to be advised on many events by Marge DeSantis to not communicate Spanish on the job and every so often not even communicate Spanish to sufferers. One event, Marge DeSantis advised me and one other worker, “I'm going to let considered one of you go as a result of there may be an excessive amount of chitchat in Spanish I don’t perceive.” It's a frequent customized amongst individuals of Spanish nationwide origin to talk Spanish to one another. Bilinguals even mix English with Spanish. It simply occurs. I've at all times habitually carried out this and to today I nonetheless do it and no employer I've ever labored for to today has ever complained besides Ms. DeSantis.On or about August 5, 1997, DeSantis fired Rosario, telling her, “I’m sorry that I've to allow you to go like this as a result of you're a good woman and a fast learner, however I can't have you ever talking Spanish in my workplace.”Query: Can an worker be discharged for talking Spanish within the office? Clarify. itac methodology please and may you make it low cost this time