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Lecture 7

37:575:316 Lecture 7: 3/22

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Labor Studies

TWA v Hardison (US 1977) v 1. Facts a. 247 operation b. CBA has a Seniority List for shift assignments c. began practicing new religion; observed the Sabbath (Saturday) i. cannot work d. BDG 1: swapped shifts until the change of his assignment e. transferred BDG 2, dropped to the bottom of the seniority list f. asked to work Sabbath g. Bona fide religious belief i. Reasonable accommodation ii. Undue hardship h. suggests that its okay to violate the seniority system i. Union says NO; it impacts other workers ii. gets fired; declares insubordination 2. Procedure a. sues under Title VII religious discrimination, failure to accommodate b. DFR (duty of fair representation) against union (not on exam) 3. Issue a. Whether must violate CBA for religious accommodation? 4. Holding a. NO, cannot be required to violate seniority agreement held by CBA 5. Reasoning a. True bona fide seniority system must be honored Disability Discrimination 1. Rehabilitation Act of 1973 (federal) *Philadelphia Movie reference Library Scene* a. Handicap discrimination b. Employers that received federal funding 2. American with Disabilities Act of 1990 ADA (federal) a. Disability b. Covers all employers (public private sectors) c. EEOC, 15 employees or more d. 2008 Amended 3. NJLAD (NJ state) a. NJ Law Against Discrimination b. All employers, no min. of employees Disability Major Life Function Physical or Mental Reasonable accommodation Undue hardship
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