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Encountering Religion in the WorkplaceThe Legal Rights and Responsibilities of Workers and Employers$
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Raymond F. Gregory

Print publication date: 2011

Print ISBN-13: 9780801449543

Published to Cornell Scholarship Online: August 2016

DOI: 10.7591/cornell/9780801449543.001.0001

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Religious Discrimination Claims Arising Out of the Termination of Employment

Religious Discrimination Claims Arising Out of the Termination of Employment

Chapter:
(p.59) 5 Religious Discrimination Claims Arising Out of the Termination of Employment
Source:
Encountering Religion in the Workplace
Author(s):

Raymond F. Gregory

Publisher:
Cornell University Press
DOI:10.7591/cornell/9780801449543.003.0006

This chapter examines religious discrimination claims arising out of the termination of employment. The courts often reject Title VII religious discrimination claims alleged by employees, deciding a majority of those cases in favor of employers. This is often due to the failure of the complaining worker to provide the court with persuasive evidence demonstrating the presence of a discriminatory intent on the part of the employer. A basic element of a worker's religious discrimination case is proof that the employer intended or was motivated to discriminate against the worker because of his or her religious beliefs or practices. This chapter discusses a number of court cases to highlight the quantum and types of evidence that are more likely to persuade a court to decide a religious discrimination case in favor of the worker. It also considers how a motion for summary judgment may help decide a case in favor of the worker.

Keywords:   religious discrimination, termination of employment, Title VII, employers, evidence, religious beliefs, court cases, summary judgment, employees

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