Do you agree with corporations having 1st Amendment rights?
Do you agree with corporations having 1st Amendment rights? Why or why not? Do you think that corporations should be able to impose the religious beliefs of the owners on the employees and not be subject to restrictions like Title VII?
Do you agree with corporations having 1st Amendment rights?
Please read the fact pattern below and answer the following questions:
Sandra owns a landscaping company that has over 100 employees.
She hired Sam, a Muslim, who told her during the interview process that per his faith, he would need to pause for prayer potentially several times a day depending
on the schedule.
Sandra, who espoused a policy of diversity, told him it wouldn’t be an issue. After the US Supreme Court decision in Burwell v. Hobby Lobby Stores, 573 U.S. 682 (2014), she decided to stop paying for any kind of birth control through the health insurance she offered her employees.
She then started thinking about other ways in which religion impacted her business.
After talking with her husband, she decided to tell Sam he could no longer
pray during the workday,
as it probably was disruptive to business and bothered the other employees (although no one had ever mentioned it).
As the lawyer, tell us what your arguments would be for your client. Once you have done so, you may make your personal commentary on this issue. Here are some things to consider:
Do you agree with corporations having 1st Amendment rights? Why or why not?
Do you think that corporations should be able to impose the religious beliefs of the owners on the employees and not be subject to restrictions like Title VII?
What if Sam was a Scientologist?
What if Sam was a member of a religion created by his cousin? How do you know if a religious practice is protected?