Thursday, September 26, 2019
Case brefings on Mary Tiano vs Dillard store Essay
Case brefings on Mary Tiano vs Dillard store - Essay Example Later, Dillards appealed the findings of religious discrimination which was later reversed. The main issue of the case was termination of employment on the basis of religious discrimination whereby the Dillard Departmental Store did not find the need of Mary Tianoââ¬â¢s pilgrimage to Medjugorje, Yugoslavia as sufficient ground for legitimate leave of absence from work. Title VII, 42 U.S.C. SS 2000e et seq. relates to the employment termination of an individual on the basis of their religious beliefs and states ââ¬Ëto discharge any individual . . . because of such individualââ¬â¢s . . . religionââ¬â¢ (S 2000e-2(a)(1)). Title VII also defines religion as ââ¬Ëall aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employeeââ¬â¢s or prospective employeeââ¬â¢s religious observance or practice without undue hardship on the conduct of the employerââ¬â¢s businessââ¬â¢ (S 2000e(j)). The case is relatively simple in its context as it involves just 3 main elements. Firstly, the plaintiff, Mary Tiano was a bonafide employee of Dillardââ¬â¢s in 1988 who worked as salesperson in the womenââ¬â¢s shoe department in its Park Central Mall, Arizona. She was a devout Roman Catholic which considerably influenced her life in general. Secondly, in 1988, the defendant, Dillardââ¬â¢s had an authorized policy of granting unpaid leave at managementââ¬â¢s discretion. They also discouraged vacation leave during their peak season period between October and December and had specific vacation policy that particularly prohibited taking leave of absence during this time. It can be argued that Dillardââ¬â¢s had basically denied leave because of its ââ¬Ëno leave policyââ¬â¢ and also because it was not convinced of her urgency to meet her religious commitment or ââ¬Ëpilgrimageââ¬â¢ at Medjugorje, Yugoslavia at that particular time only and in the case of any accommodation that would be made at
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