Well, Marci, if his claim is not simply that "he does not believe women should wear bathing suits," but is more broadly that if he drives women to Macy's it will create a religious hardship, then his religious request for an exemption must be honored under title VII unless doing so would create an undue hardship -- which, not least because of the precedent that would be set, it likely would. Therefore, the employer would almost certainly prevail. But the employer would have to establish an undue hardship -- a fairly low bar under title VII. What's so unusual or notable about that?
On Mon, Apr 25, 2011 at 9:16 PM, <hamilto...@aol.com> wrote: > Mark-- You did not respond to my hypothetical regarding the Islamic bus > driver who does not want to take women to Macy's, because he does not > believe women should wear bathing suits. Does he get the same treatment as > the driver who does not want to transport women to Planned Parenthood? > > Marci > > > In a message dated 4/25/2011 8:13:32 P.M. Eastern Daylight Time, > mark.scarbe...@pepperdine.edu writes: > > > > > > No, I am not saying that a UPS driver should have such a right simpliciter. > But if a UPS truck is being specially dispatched to the prison to deliver > the chemicals, and if there are several drivers available, so that there > will be little if any delay or inconvenience in having one of the other > drivers deliver the package, I do think someone who is morally opposed to > the death penalty should be able to ask that one of the other drivers be > dispatched. That seems a minimal concession to the conscience of the death > penalty opponent. Firing the driver in such a situation seems extreme unless > the desire to routinize life and to homogenize the workforce outweighs > concerns of conscience. > > > > Mark > > > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. >
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
