Does anybody know anything about Constitutional Law and Business?

I take a college class of law and I need to know whether The free exercise clause keeps a person employed or not. This lady pretty much refuses to work on a certain day of the week due to her religious background. The job she works at needs to be ran 7 days a week or it’ll go out of business. So they fire her. Did the job violate her constitutional right to the free exercise clause?

No it didn’t. She has a right to not work due to religious grounds BUT if the person’s job requires her to be at work that day then she can’t perform the job and can be fired.

Post Author: mark

3 thoughts on “Does anybody know anything about Constitutional Law and Business?

    Common Sense

    (January 21, 2010 - 12:53 am)

    No it didn’t. She has a right to not work due to religious grounds BUT if the person’s job requires her to be at work that day then she can’t perform the job and can be fired.
    References :

    Zap

    (January 21, 2010 - 1:33 am)

    From the looks of it (and rather limited details) it appears that they may have actually violated several labor laws…for one, you can’t force a person to work more than 40 hours (even if you are compensating them…they have a right to refuse especially for religious reasons…) and a person must be given at least one day off for every five days worked.
    References :
    http://www.dol.gov/esa/ofccp/regs/compliance/fccm/ofcpch3.htm#3H02
    http://stats.bls.gov/ncs/ebs/sp/ebbl0001.pdf

    Mutt

    (January 21, 2010 - 1:38 am)

    No. The Free Exercise clause is about the GOVERNMENT infringing on your right to exercise the religion of your choice, not about private business. If she cannot meet the requirements of the job, she should not have that job.

    What there may be a case in this situation is for discrimination. If they scheduled her to work on the days her religion considers holy, and they knew this and did it intentionally, they could get in trouble. But this has nothing to do with the Constitution, and instead is about labor laws.
    References :

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