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For the past five years, Glinda has worked for a high-end pharmacy chain that sells Halloween costumes. This past year Glinda asks for approval to

For the past five years, Glinda has worked for a high-end pharmacy chain that sells Halloween costumes.  This past year Glinda asks for approval to take off October 31st, and her supervisor informs her she must report to work on that day because it is one of the store's busiest days of the year.  In response to this denial, Glinda informs her supervisor that the reason she wants to take the day off is to attend a Wiccan service, which is the religion she practices.  Glinda's supervisor refuses, saying that Wicca is not a religion because it uses tarot card readings and the casting of spells, which are not religious practices. Further, he says that even if Wicca is a real religion, he still needs her to report to work on the 31st because it is one of the busiest days of the year.

After learning that she would be required to report to work on October 31st Glinda starts to cry and tells her supervisor that she was really looking forward to celebrating the holiday with her family.  In response, her supervisor says he would be willing to allow her to take off November 1st, assuming that sales go as well as he expects and there are very few costumes left in the store to be boxed up and returned to the manufacturer.

Discuss whether this employee may have a viable claim for workplace discrimination.  What laws and legal principles are implicated here?  Is there anything else you might want to know?  

Note that there are a number of facts that should seem fairly straightforward and there are a number of facts that are intentionally hidden.  This hypothetical is intended to parallel how these types of issues might materialize in the workplace.  

  1. identify and explain the relevant law;
  2. identify the facts from the hypothetical situation that might support an employment discrimination claim or might suggest the employer's conduct was based on a legitimate business need; and
  3. identify the facts that are intentionally hidden as a way to illustrate an understanding of how the laws might apply to a wide range of situations that may arise in their own workplaces.

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