Problem
• Azov is a Ukrainian refugee. He has relocated to Tampa, fleeing the Russian invasion of his homeland. He applies for and is hired by a local cake shop, "Killer Cakes", which has over 15 employees. Azov is a devout member and believer in the Eastern Orthodox Church. He requests a religious accommodation to take weekends off because his religious beliefs require he take off the sabbath. Killer Cakes makes most of their dough, and cakes on the weekends. Azov's employer also did not know that Azov was religious when he was hired. Directions: Identify any defenses, including undue hardship that Killer Cakes might be able to argue. Advise if not knowing Azov's religious beliefs before he was hired is a legitimate defense.
• Kevin, the owner and manager of a large heavy machinery warehouse, speaks only English. He requires that all his employees speak English to ensure that communication related to work is clear and effective. A number of non-English-speaking workers complain about the policy on the grounds that they can converse in their native languages and still get the job done. If these non-English-speaking employees bring a claim of national origin discrimination on the basis of this policy, what is Kevin's best defense? Explain.
• Pat works for ABC company as a salesperson. The salary, raises, promotion, and overall job performance are measured based on sales made. Pat likes to wear long hair and is attracted to people of the same sex. Pat has worked for ABC company for 85 days. During this early period of employment, Pat is under the supervision of Tyler. Tyler thinks Pat should wear short hair in line with the company's image. ABC company has a very traditional and older clientele. ABC, actually stands for "All Believer's Convert". As with all employees, Pat has a desk with photos of friends and loved ones on and around work equipment. Some of the photos show images of Pat hugging and holding hands with someone of the same sex. Tyler decides to terminate Pat at exactly 89 days of employment due to alleged poor sales and failing to comply with the company's grooming policy. Pat believes there were unlawful motives that violate Title VII concerning the termination decision. Tyler maintains the clientele were turned off by Pat's appearance, non-religious values, non-traditional lifestyle, which caused lack of sales. Tyler complains to HR that Pat's lifestyle offends his religious values which are critically important to the company. Is Pat protected under Title VII? What potential claims does Pat have? What potential defenses does the employer have? Does Tyler have any claims? Discuss.
• Elsa was a receptionist at Dewey, Cheatham & Howe, a well-known New York law firm. While at Dewey, Elsa was responsible for answering phones, greeting the firm's clients, reporting their presence to the attorneys, and getting them coffee. Elsa had a lot of prior experience (10 years at another law firm) and understood how to perform her duties in a professional manner. She dressed appropriately for a law firm setting (usually in a business suit), and did not wear any provocative or sexually-suggestive clothing. Often when clients would come in, they would linger at Elsa's desk, telling sexually-charged jokes or stories, etc. Some of them even went so far as to touch Elsa or themselves while making inappropriate sexual comments. One morning Elsa talked with her supervisor about what was occurring. Her supervisor was quick to remind her that it is the clients that she complained about that pay the firm's bills, including Elsa's salary. Perhaps if she played along a little more, it might lead to a salary increase, a bonus, or a promotion. Anyway, the firm does have a procedure for reporting and investigating these kinds of complaints, but it is cumbersome and is likely to take some time. In the end, the firm may weigh the value of the clients and the value of Elsa's contribution, and she may end up being terminated. The meeting ended with no official complaint filed. With a lot to consider following the meeting, Elsa returned to her duties. By mid-afternoon Elsa decided the situation at Dewey was hopeless, and she began to look at help wanted ads online. Before she left that evening, Elsa slipped her resignation letter under her supervisor's door.
What issues are raised in this fact pattern? Could this be a case of constructive discharge?