Please see the attached documents.Religious Discrimination and Racial Harassment:
What Ever Happened to MarShawn DeMur?

By Gwendolyn M. Combs, Ph.D.

EMployMEnt laW
student workbook

Project team

Author: Gwendolyn M. Combs, Ph.D.

SHRM project contributors: Bill Schaefer, SPHR
Nancy A. Woolever, SPHR

External contributor: Sharon H. Leonard

Editor: Katya Scanlan, copy editor

Design: Terry Biddle, graphic designer

© 2009 Society for Human Resource Management. Gwendolyn M. Combs, Ph.D.

Note to Hr faculty and instructors: SHRM cases and modules are intended for use in HR classrooms at
universities. Teaching notes are included with each. While our current intent is to make the materials available
without charge, we reserve the right to impose charges should we deem it necessary to support the program. However,
currently, these resources are available free of charge to all. Please duplicate only the number of copies needed,
one for each student in the class.

For more information, please contact:
SHRM Academic Initiatives
1800 Duke Street, Alexandria, VA 22314, USA
Phone: (800) 283-7476 Fax: (703) 535-6432
Web: www.shrm.org/education/hreducation

09-0093

© 2009 Society for Human Resource Management. Gwendolyn M. Combs, Ph.D. 1

Case Introduction

The diversity of the domestic and global workforce is increasing due to the growing
number of immigrants and the expansion of global operations. The management of
religious differences and the interface of varying religious beliefs and management
practices are profound concerns for many organizations and human resource
professionals. Religious communities may be quite different in beliefs and practices,
and this can influence employee interaction with formal and informal work practices
and social norms. Additionally, response to religious differences can sometimes be
intertwined with racial biases and attitude predispositions. This case will depict
a particular organizational situation involving an employee’s religious beliefs and
the resulting allegations of racial harassment and religious discrimination. (Note:
The people and facts in this case are fictitious and do not represent any known party,
organization, religion or situation.)

Organizational Profile
Treton Communications, Inc. is a public giant in the telecommunications industry.
Headquartered in Eastern Michigan, Treton offers a range of wireless and wireline
communications services to consumers, businesses and government users. In
addition to its headquarters campus, Treton has call centers and regional operations
throughout the United States. The company’s gross revenue was $20 billion in 2007,
with 30,000 employees worldwide. Two years ago, Treton expanded its operations
with the opening of its Midwest facility and plans to add two more facilities in
Southern and Northwestern locations in the United States. These new facilities offer
many Treton employees exciting opportunities for advancement.

The Midwest facility isCHAPTER 3

• Reasons for Evaluating

• Legal Considerations

• Employee Handbooks

• Dress Codes

• Personnel Files

• Required Posters

• Corporate Ethics and the Sarbanes-Oxley Act

• Disciplinary Actions

Evaluations, Work
Rules, and Discipline

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AN: 1697333 ; Charles Fleischer.; The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers, Businesses, and Organizations
Account: s4264928.main.eds

Book: The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers,
Businesses, and Organizations. Author: Charles Fleischer Date: 2017

Link: https://eds-p-ebscohost-com.ezproxy.umgc.edu/eds/ebookviewer/ebook?sid=2bf6d6ee-9459-472c-a32f-
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The SHRM Essential Guide to Employment Law42

REASONS FOR EVALUATING
Employers have good reasons to perform evaluations if they are
done properly. They provide a rational basis on which to promote,
discipline, and terminate. And they provide powerful evidence to
meet a claim that adverse action was taken for discriminatory or
other improper reasons. Employees, particularly newer employ-
ees who may be uncertain of their performance, like them. If not
done properly, however, they do more harm than good.

Evaluating an employee is a whole lot easier if a history of open
communication and regular feedback exists. In short, the process
should not be full of surprises.

Some employers have their employees fill out a self-evaluation
form that the evaluator then reviews and comments on. While
that approach may ease the evaluator’s burden, it seems less
direct. The employee may end up feeling not only that his or her
work habits need improvement, but also that his or her character,
honesty, and self-insight are under attack as well.

Some organizations use what are known as 360-degree evalu-
ations (also called 360-degree assessments or multirater feedback
systems). These involve evaluations not only by an employee’s
supervisor, but also by peers, direct reports, and in some cases,
internal or outside customers and clients. Employers need to plan
360-degree evaluation programs with particular care and under-
stand and clearly communicate to employees the procedures and
objectives. Follow-up is also critical; otherwise, substantial time
will have been wasted collecting useless or unused data.

QUICK TIP
Since evaluations themselves are not usuallCHAPTER 22

• Statutory Framework

• Executive Orders

• Rehabilitation Act

• Veterans

• Drug-Free Workplace

• Affirmative Action

• Reporting Waste, Fraud, and Abuse

• State and Local Government Contractors

Government
Contractors and
Grantees

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Account: s4264928.main.eds

Book: The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers,
Businesses, and Organizations. Author: Charles Fleischer Date: 2017

Link: https://eds-p-ebscohost-com.ezproxy.umgc.edu/eds/ebookviewer/ebook?sid=2bf6d6ee-9459-472c-
a32fb69f49980ddf%40redis&ppid=pp_41&vid=0&format=EB

The SHRM Essential Guide to Employment Law396

Organizations that choose to do business with the federal govern-
ment must comply with the same employment laws that apply to
purely private-sector employers. In addition, a number of require-
ments are uniquely applicable to government contractors. This
chapter highlights some of the more important requirements.

STATUTORY FRAMEWORK
The four basic statutes governing employer-employee relations of
U.S. government contractors are the Walsh-Healey Public Contracts
Act, the Davis-Bacon Act, the McNamara-O’Hara Service Contract
Act, and the Contract Work Hours and Safety Standards Act.

Walsh-Healey Public Contracts Act
The Walsh-Healey Public Contracts Act requires contractors engaged
in the manufacturing or furnishing of materials, supplies, articles, or
equipment to the U.S. government or Washington, D.C., to pay
employees who produce, assemble, handle, or ship goods under
contracts exceeding $10,000 the federal minimum wage for all
hours worked and time-and-a-half their regular rate of pay for all
hours worked over 40 in a workweek.

Davis-Bacon Act
The Davis-Bacon Act requires all contractors and subcontractors
performing on federal contracts in excess of $2,000 for the con-
struction, alteration, or repair of public buildings or public works to
pay their laborers and mechanics not less than the prevailing wage
rates and fringe benefits, as determined by the secretary of labor,
for corresponding classes of laborers and mechanics employed on
similar projects in the area.

McNamara-O’Hara Service Contract Act
The McNamara-O’Hara Service Contract Act (SCA) applies to con-
tracts entered into by the U.S. LEARNING RESOURCES:

(Note: Students many need to manually copy link or manually open the link into a new tab to access some external/governmental websites)

1.
Family and Medical Leave Act – US Department of Labor

 A great resource for exploring questions concerning FMLA; how is the law applied and what are the common questions that arise?
Link: 

https://www.dol.gov/agencies/whd/fmla
  

2.
FMLA Applicable Laws and Regulations

This resource will provide updated rules and regulations.
Link: 

https://www.dol.gov/agencies/whd/fmla/laws-and-regulations

     3. Leave Policies in the Workplace FAQ

This link answers one of the most commonly asked questions about paid sick leave and paid time off.
Link:

http://www.nolo.com/legal-encyclopedia/leave-policies-workplace-faq-29088.html
 

4.
Sample Layoff Termination Letter

In drafting a layoff or termination letter, both the tone and content of the letter are vitally important
Link:

http://humanresources.about.com/od/layoffs-downsizing-strategies/qt/Sample-Layoff-Termination-Letter.htm
 

5.
What is Wrongful Termination?

Employment at will and Wrongful termination can take several different forms. This link helps to better define the term.
Link:

http://www.employmentlawfirms.com/termination-layoffs/when-termination-is-wrongful.htm• Vacation and Sick Leave

• Paid Time Off

• Mandatory Paid Leave

• Family and Medical Leave

• Americans with Disabilities Act Leave

• Military Leave

• Other Leave

CHAPTER 8

Leave Policies

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AN: 1697333 ; Charles Fleischer.; The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers, Businesses, and Organizations
Account: s4264928.main.eds

Book: The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers, Businesses,
and Organizations

Link: https://eds-p-ebscohost-com.ezproxy.umgc.edu/eds/ebookviewer/ebook?sid=7af8ddab-ef70-4db4-806a-
f38ba9ec8d6a%40redis&ppid=pp_143&vid=0&format=EB

Author: Charles Fleischer Date: 2017

The SHRM Essential Guide to Employment Law144

With a few exceptions discussed later in this chapter, there is no
obligation for an employer to offer any leave at all. Of course, most
employers do so because it is customary, it is humane, and not doing
so could place the employer at a competitive disadvantage.

VACATION AND SICK LEAVE
A typical vacation formula for regular, full-time employees might
give 10 days (two weeks) per year for the first two or three years
of employment and 15 days (three weeks) per year after the third
or fourth year. Limitations are commonly placed on the amount
of vacation that can be carried forward—a use-it-or-lose-it policy.
This encourages employees to take regular vacations, which in turn
improves morale. It also avoids the disruption of extra-long absences.

Sick leave may be 5 or 10 days per year. Employers need to specify
in their employee handbooks what is covered by sick leave and what
is not. For example, must the actual employee be sick, or does a
sick child or spouse also qualify? How about routine, nonemergen-
cy medical and dental visits for the employee or for the employee’s
child? And believe it or not, the policy should address sick pets as
well.

QUICK TIP
For employers covered by Title VII of the federal Civil Rights Act or equivalent state law,

a temporary disability caused by pregnancy or childbirth must be treated the same under

the employer’s sick leave policy as a temporary disability caused by other medical con-

ditions. (See Chapter 15 for more details.)

When time off for an injury or illness extends more than a few
days, employers may want to require written verification from the
employee’s health care practitioner. After a serious CHAPTER 4

• Decision to Terminate

• Termination Procedures

• Final Pay and Accrued Leave

• Termination for Cause

• Severance Payments and Releases

• Constructive Discharge

• Retaliation

• Whistle-Blower Regulations

• Abusive Discharge

• Defamation Liability

• Intentional Infliction of Emotional Distress

• Employee Due Process

• Downsizing and Mass Layoffs

Terminating the
Relationship

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AN: 1697333 ; Charles Fleischer.; The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers, Businesses, and Organizations
Account: s4264928.main.eds

Book: The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers, Businesses,
and Organizations

Link: https://eds-p-ebscohost-com.ezproxy.umgc.edu/eds/ebookviewer/ebook?sid=d5f44963-560d-4476-837a-
f054da5da4f9%40redis&ppid=pp_59&vid=0&format=EB

Author: Charles Fleischer Date: 2017

The SHRM Essential Guide to Employment Law60

DECISION TO TERMINATE
Under the employment-at-will doctrine, recognized in almost all
states, employers can fire employees for any reason or for no reason
at all (just not an illegal reason). But it rarely makes sense to do
so. Instead, the decision to fire should be for a well-documented
reason tied directly to the employer’s business needs.

When an employer exercises its business judgment in terminat-
ing an at-will employee, courts have no right to substitute their
own judgment and second-guess the employer’s decision. But if
the employer cannot explain and support a business-related reason
for the termination, such as poor performance or repeated miscon-
duct, the fired employee, and the Equal Employment Opportunity
Commission (EEOC), may assume the decision was improperly
motivated, such as by discriminatory animus.

Even with a good business reason, it still may not be in the
employer’s interest to fire. An involuntary termination will likely
disrupt the workplace, possibly having a negative impact on morale.
And if the departing employee is not bound by a noncompete agree-
ment (discussed in Chapter 19), he or she may take valued custom-
ers or clients. Worse, disgruntled former employees with time on
their hands may decide to sue or complain to the EEOC. (If you
have never had to answer written interrogatories propounded by
your former employee’s attorney, produce box loads of personnel
records, or suffer through deposition• Equal Pay Act

• Pregnancy

• Harassment in General

• Employer Liability for Harassment

• Sexual Orientation and Gender Identity

• Other Issues

CHAPTER 15

Gender Discrimination

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Account: s4264928.main.eds

Book: The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers, Businesses, and
Organizations Author: Charles Fleischer Date: 2017

Link: https://eds-p-ebscohost-com.ezproxy.umgc.edu/eds/ebookviewer/ebook?sid=ebb87ad0-74e0-4d32-
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The SHRM Essential Guide to Employment Law288

Sex discrimination in employment, along with discrimination
based on race, color, religion, or national origin, is covered by
Title VII of the Civil Rights Act. It is just as illegal for an employ-
er to reject an applicant on gender grounds as it is to reject the
applicant on racial or religious grounds. Establishment of a glass
ceiling, which limits promotion opportunities for women but not
for men, is also illegal under Title VII. In other words, all the Title
VII principles that apply to discrimination based on race, color,
religion, and national origin generally also apply to gender-based
discrimination.

But sex discrimination has some unique features. For one thing,
sex discrimination is covered by two additional federal laws—the
Equal Pay Act and the Pregnancy Discrimination Act—which do
not apply to other forms of discrimination. For another, while
the inherent differences between persons of varying races, reli-
gions, or national origins are superficial at best, there are real
biological differences between men and women. Finally, while
the term sex as used in Title VII was probably intended to mean
gender, the term can also refer to activity that has nothing to do
with discrimination.

The special aspects of sex discrimination are discussed in the fol-
lowing sections of this chapter.

EQUAL PAY ACT
In addition to its minimum wage and overtime pay provisions, the
federal Fair Labor Standards Act (FLSA) as amended by the Equal
Pay Act prohibits employers from paying males and females at dif-
ferent rates for the same work, unless the differential is based on
a factor other than sex. And while executives, administrators, and
professionals, among otheAge Discrimination

• Covered Employers

• Exceptions

• Benefit Plans

• Proving Age Discrimination

• Release of ADEA Claims

• Remedies under the ADEA

CHAPTER 16

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Book: The SHRM Essential Guide to Employment Law : A Handbook for HR Professionals, Managers, Businesses, and
Organizations Author: Charles Fleischer Date: 2017

Link: https://eds-p-ebscohost-com.ezproxy.umgc.edu/eds/ebookviewer/ebook?sid=ebb87ad0-74e0-4d32-
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The SHRM Essential Guide to Employment Law306

The purpose of the federal Age Discrimination in Employment Act
(ADEA) is to promote employment of older persons based on their
ability rather than age by prohibiting age-based discrimination
against employees and job applicants. Consistent with that purpose,
the ADEA applies only to persons 40 years of age or older, so that an
age-based decision affecting only persons under 40 does not violate
the ADEA.

ALERT!
Many states and local jurisdictions have their own age discrimination laws that apply to

all employees, not just those 40 years of age or older.

Hiring or promoting a 35-year-old employee instead of a 45-year-
old for reasons other than age is perfectly legal. However, the
employer should identify the objective, job-related, nondiscrimi-
natory criteria used in making the decision. In making personnel
decisions, employers should avoid using terms such as dead wood,
fresh faces, new blood, or more energy. These terms are often viewed
as evidence of discriminatory intent and will hurt the employer in
defending an age discrimination claim.

Harassment with respect to age can constitute age discrimination,
just as harassment with respect to race or sex can violate Title VII.
Employers should not tolerate workplace jokes or teasing aimed at
older employees, their medical conditions, or other factors common
to age.

There has been some doubt just how the ADEA works in certain
circumstances. For example, is favoring a 45-year-old over a 60-year-
old illegal, even though both workers are within the protected, over-
40 class? Alternatively, may an employer favor a 60-year-old over a
worker age 45?

In 1996 the Supreme Court answered the first question, ruling
that when an olAssignment 2: A Case Study

This assignment allows you to demonstrate mastery of the following course outcomes:

1. Analyze employment related laws, and ethical considerations  their application, and implications in the workplace 
2. Evaluate rights, obligations, and liabilities in the employment process and relationship.
3. Evaluate compliance with current laws and regulations related to safety and fairness in the workplace.
4. Effectively communicate to internal and external audiences the principles and application of employment laws and ethical considerations in the business environment.

Religious Discrimination and Racial Harassment:

What Ever Happened to MarShawn DeMur?

 Instructions: Please open the attachment and read the SHRM case study.
Respond to the five (5) questions identified below (
not those in the attached case study but the ones designed for our HRMN 408 class outlined in these instructions).
Be specific in your responses and each response should include at least two classroom resources. Do not combine the discussion questions as the use of the outline will help you organize your research and comments and ensure you do not miss any questions that must be addressed.  Your responses to each question must be in narrative format not bullets. 

Action: Respond to all five questions below. Utilize the resources from the class and make sure to have appropriate sources to support your responses. Answer each of the questions in narrative form (not bullet points).

Question 1 – Overview and Relevant Facts
1 full page

A. What are the relevant facts of this situation? Provide a detailed overview of the important facts of this case.
B. Identify and describe the specific employment laws that support Maalick’s contention that he was not promoted due to religious discrimination? Be specific. 
=>
include at least two classroom resources

Question 2 – Religious Accommodation
1 full page

What are the relevant facts to support the contention that Maalick was not given accommodations due to his religious beliefs? Be specific.

Question 3 – HR Director’s Actions
1 full page

a.
Characterize the actions of the HR director in response to the overall situation between Maalick, the supervisor and coworkers. Be specific.

b.
Prevention and Proactive Actions by HR Director. What could the HR Director have done to prevent this situation and what more could be done by the HR professional to ensure that this type of situation would not occur in the future? Be specific.

·
include at least two classroom resources

Question 4 – Acts of Religious and Racial Harassment
1 full page

What were the actions of the supervisor and coworkers that could be considered as (1) religious and (2) racial harassment? Analyze and discuss each of the two harassment issu




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