Analyzing a Court Decision

1. Analyzing a Court Decision An overview of Religious & Age Discrimination presented by Bart Fennemore

2. Religious Discrimination • Case: Ansonia Board of Education v. Phillbrook • Court: 479 U.S. 60 (1986) • Legal Doctrine: Title VII of the Civil Rights Act of 1964 • Teacher requested to use his personal business leave time for religious purposes • The teacher was allowed 3 days for religious leave and 3 days for personal business leave. • The teacher was required to take three days unpaid leave if he desired to exceed his allotted 3 days for religious observation. • The court upheld that the school board policy was a “reasonable accommodation.” • Case: Estate of Thornton v. Caldor, Inc. • Court: Supreme Court of the United States, 472 U.S. 703 (1985) • Legal Doctrine: First Amendment (Establishment Clause) • Connecticut statute violated the Establishment Clause as it would require employers to make their business operations conform to their employees’ religious practices and result in the advancement of a particular religious practice.

3. Religious Discrimination • Case: United States v. Board of Education for the School District of Philadelphia • Court: 911 F.2d 882 (3rd Cir. 1990) • Issue/Legal Doctrine: “Garb Statute” • A Muslim woman was not allowed to wear garments that covered all but her hands and face. • Court ruled that to accommodate the teacher would inflict an “undue hardship” on the school. • Case: EEOC v. READS, Inc. • Court: 759 F. Supp. 1150 (Pennsylvania 1991) • To deny someone a job because of religious attire would be seen as religious discrimination. • A third-grade counselor position at a private corporation that provided “services to nonpublic school students under a contract with a public school district” was filled by a woman of Muslim faith. • The attire was allowed as it was believed that third graders in contact with the worker would not identify the covering as religious. Others would have limited contact with her not warranting she dress align with the “Garb Statute.”

4. Religious Discrimination • Case: Cooper v. Eugene School District No. 4J • Court: 301 Or. 358, (1986) || 480 U.S. 942 (1987) • Oregon laws were upheld that forbade the wearing of religious attire. • Case: EEOC v. Kamehameha Schools/Bishop Estate • Court: 990 F.2d 458 (9th Cir. 1993) || 510 U.S. 963 (1993) • Private school was not allowed to require all teachers be Protestant. • Only the religion teachers could be required to be Protestant as part of their qualifications.

5. Religious Discrimination • Case: May v. Evansville-Vanderburgh School Corporation • Court: 787 F.2d 1105 (7th Cir. 1986) • Teachers were not allowed to hold private religious meetings in school facilities prior to reporting to duty. • No other meetings had ever been allowed and therefore the school was not an open forum. • In light of Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools it appears that this court ruling is reversed. • Case: Wigg v. Sioux Falls School District 49-5 • Court: 382 F.3d 807 (8th Cir. 2004) • Teachers are allowed to participate in religious activities held at schools after they are off the clock and are acting as private citizens.

6. Age Discrimination • Case: Monnier v. Todd County Independent School District • Court: 245 N.W. 2d 503 (S.D. 1976) • Age Discrimination In Employment Act (ADEA) of 1967 – Appendix D pp. 481-482 • One cannot be discriminated against for age unless it is a bona fide occupational qualification. • Age of retirement can be determined and employees that continue to work beyond that age do so on a year-to-year basis.