Caset Study 2

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International Business Case Study 1. What is the legal basis for the EEOC to hold that JBS-SWIFT had violated employees’ civil rights?
According to the EEOC Title VII of the Civil Rights Act of 1964, it does not allow employers with over 15 employees to discriminate in employment against persons based on color, race, religion, sex and national origin. Under Title VII denying a requested reasonable accommodation of an applicant’s or employee’s sincerely held religious beliefs or practices—or lack thereof—if an accommodation will impose more than a de minimis cost or burden on business operations. The title also states that “retaliating against an applicant or an employee who has engaged in protected activity, including participation (e.g., filing an EEO charge or testifying as a witness in someone else’s EEO matter), or opposition to religious discrimination (e.g., complaining to human resources department about alleged religious discrimination)” meaning that workers cannot be fired for standing up and complaining about their work situation and how they are/are not being accommodated.
On contrast, Under Title VII of the Civil Rights Act, the employer does not have to grant every request for accommodation of a religious belief or practice. Employers have to compensate for religions/beliefs that are “sincerely held” and that can be accommodated without an “undue hardship.” An accommodation poses and “undue hardship” when the accommodation causes “de minimis” cost of the company and/or operation thereof. “Factors relevant to undue hardship may include the type of workplace, the nature of the employee’s duties, the identifiable cost of the accommodation in relation to the size and operating costs of the employer, and the number of employees who will in fact need a particular accommodation.” Under Title VII, if it is not an “undue hardship” it is required to make…...

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