Author Question: Philbrook is a teacher employed by the Ansonia School District. He is a member of the Worldwide ... (Read 137 times)

chandani

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Philbrook is a teacher employed by the Ansonia School District. He is a member of the Worldwide Church of God. His church holds certain holy days and Philbrook has missed six school days each year for such holy days. The teachers' union has negotiated a contract that permits the following leaves: 18 days per year for sickness (up to 180 days can be cumulated, 5 days for a family death, 1 day for a wedding, 3 days for national meetings, and 3 days for personal leave. The contract did not allow the use of these days for other reasons. Philbrook was charged with having taken unauthorized, unpaid leave for his six holy days. He filed an EEOC complaint. Who will win?

Question 2

Craft Computers Inc provides disability benefits (medical) for its workers and pregnancy is included as part of the covered disabilities. Craft does not have a disability leave plan, and as a result maternity leaves are taken by women using their sick time and vacation time. Discuss the Title VII implications of the company's position.



Sarahjh

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Answer to Question 1

Philbrook; because no accommodation was attempted for the holy days. See Ansonia Board of Education v. Philbrook, 470 U.S. 60 (1986).

Answer to Question 2

See Business Week, February 2, 1987, p. 37. Most companies work this way - there is really nothing illegal about it; it is an area that is, unfortunately, unregulated. Congress will be proposing legislation. So long as it is a uniform policy, there is no violation.



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