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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

(p.59) 5 Religious Discrimination Claims Arising Out of the Termination of Employment
Encountering Religion in the Workplace

Raymond F. Gregory

Cornell University Press

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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