Legal Case Summary

Second, in 2013 the 10th Circuit Court ruled, an employee must communicate the disaccord between a religious practice and a work rule. The Court determined that an employee understands whether the practice observed by the employer is predicated in an inflexible religious practice. (10th Circuit Court, 2013) The relevance of this ruling is that only the employee can determine whether or not the employer is being inflexible in

In the supreme court case United States v. Lee the ruling stated that a company’s or employer’s personal religious beliefs do not allow a company an exemption from business health

Barb: I found an article about a discrimination case against Consolidation Coal Company where they were found guilty of violating an employee’s right to their religious beliefs under Title VII. After 35 years with the company, they began to require their “employees to use a newly installed biometric hand scanner to track employee time and attendance” (Court Awards Over Half Million Dollars Againdt Consol Energy/Consolidation Coal in EEOC Religious Discrimination Lawsuit, 2015). She told her employer that this practice violated his “religious beliefs as an Evangelical Christian” (Court Awards Over Half Million Dollars Againdt Consol Energy/Consolidation Coal in EEOC Religious Discrimination Lawsuit, 2015). The company didn’t seek an alternative

When the employee asked why her religious beliefs to wear a hijab was different from another employees belief to wear a cross were difference, the response she received was that it would ruin the image the company is trying to portray. Never in the conversation did the employers mention how wearing the hijab could maybe place herself or others in a dangerous situation working with equipment, instead they insisted that

The Alberta Court of Queen’s Bench ruled in favor of Bhasin finding that Can-Am breached the implied duty of good faith, Hrynew intentionally induced breach of contract, and the respondents were liable for civil conspiracy (Bhasin v Hrynew, 2011 ABQB 637; additional reasons in 2011 ABQB 718).

These types of occupations operate and make up is very secular in opposite of many of their religious standards. Men or women who apart of a sacred religion shouldn’t seek to work at these types of corporations as it would be very offensive to their beliefs. This is fact where there should be a limit and accommodation should be reluctantly considered. It would almost be impossible to accommodation in these situations without changing the whole nature of the job. In the EEOC case accommodations could have easily been made for Samantha without undue hardship. I believe that there should be limits as all businesses can’t conveniently

Many courts have caseloads so high that some fails to appoint counsel in a timely manner after being taken into custody. Mostly indigent individual spends the most time in jail before ever receiving counsel to appearing in court. Addition, prosecutors using per-trial to give time coerce plea agreements.

According to Bartollas and Schmalleger (2014), the National Council of Juvenile and Family Court Judges recommends that a script be used by the judge to ensure that due process rights of the juvenile are maintained. These due process rights are given to the juvenile as a result of the Kent, Gault, Winship, Breed v. Jones, and McKeiver cases (p. 373). The Kent v. United States case was a critical case that involved the right to counsel of juveniles in criminal cases. In “Kent v. United States the Court was narrowly focused on whether a child had a right to due process protections in hearings to determine if his case should be transferred out of juvenile court so that he could be tried as though he were an adult criminal defendant” (Mosher,

In proving there was indeed a breach of duty of care, the Defendant must not have provided services that are within the professional standard of that occupation to the Plaintiff. Strictly speaking, Bank of Stars must prove that Young & Brobeck, LLP. did not perform at a professional standard level of a reputable certified public accountant and as for the evidence, the accounting principles that are stated within the Generally Accepted Accounting Principles could be used to verify their wrongful actions. For instance, in the case of Curtis W. Bily, et al Plaintiffs and Respondents, v. Peat Young & Company, Defendant, the defendant found a lot of obscure liabilities but the company did not report the disadvantages and made untruthful statements about their client’s financial

The arguments brought before the Supreme Court in the Hobby Lobby case represent two opinions on whether the Affordable Care Act had crossed this threshold, “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability,” unless the burden is “in furtherance of a compelling governmental interest” and “is the least restrictive means of furthering that compelling governmental interest” (Quoted in Horwitz, “The Hobby Lobby Moment”). Author Garrett Epps sums the argument against as:

Employer sponsored health insurance is a health policy chosen and purchased by the employer and is provided to qualified employees and their families. Employers usually shares the insurance premium with employers. Employee based health insurance started early as 1910. Before World War II, only a few Americans had health insurance, but it only covered the hospital room, board, and ancillary services. During the war, more employee-based health insurances were being given to employees due to frozen wages by the National War Labor Board worker shortage. Employers were figuring out a way to attract employees to work and stay in their company, which meant that providing health insurance was the best option. Offering health insurance drew

These exclusions have inspired a small industry of health plan advisers purpose on assisting organizations avoid the law’s specifications. Some are indicating little and big self-insured groups to offer a low-benefit health and fitness technique — in impact, delivering fed up employees to buy personal protection in the return market. The bigger organizations that do this threat investing expenses, but those expenses could be less than the cost of guaranteeing fed up employees. Others are indicating even little groups to become self-insured, especially if their employees are relatively low threat. These organizations might offer good benefits, such as the important health and fitness benefits, but not pay the yearly insurance fee and resulting in the risk-adjustment system.

Someone without health coverage are less likely to receive preventative care and therefore more likely to become ill which increases medical costs, [1].

Under the AHCA, employers would eliminate the penalties for the "shared responsibility" mandate which requires employers with 50 or more full-time (or part-time equivalent) employees to offer minimum essential coverage to full-time workers.

The issue of contraceptives is mainly seen as a reproductive rights and women’s rights issue; touching on the Pro-Life v Pro-Choice debate. With contraceptives, women can be seen to be given equality (promotes equality). It allows them autonomy and choice. It allows women to have control over their own bodies and select choices as they see fit. Having religiously affiliated organizations refusing to fulfill the requirements of the ACA limits the autonomy of female employees. It can also be argued that this issue infringes on the employees’ First Amendment rights. Proponents of the mandate believe that religiously affiliated organizations, particularly for-profit organizations, are responsible for providing reproductive services (including