Joe Smith, a police patrolman, joins a new religious sect called Christ\'s Littl

Question

Joe Smith, a police patrolman, joins a new religious sect called Christ's Little Sheep. Members of this sect renounce any real or threatened use of force against another human being for any -2- reason. Thus, Joe refuses to employ or threaten any kind of physical force against anyone he encounters in his patrolman's job. Instead, he tries to reason with lawbreakers and to instruct them about God's will. For this reason, the city police force reassigns Joe from his patrolman's job to an office job. Joe sues for religious discrimination under Title VII. Can the department successfully argue that it isn't discriminating against Joe's religion, just the way he does his job? If not, what else can the department argue? How successful is this argument likely to be?

Explanation / Answer

The department can very well argue that this isn't a discrimination against Joe's religion but him abiding to the duties of his job. To understand this, Joe's job has to be first understood. Among other duties as part of the job, theya re expected to maitain order in the area, control crowds, keep crime at check and pursue and arrest criminals in his area. Now to follow all these duties, being a little tough on the perpetrators of crime and unruly citizens is something which can't be avoided or neglected. Now when Joe tries to reason out with lawbreakers instead of punishing them or dealing with them as per his job rules or against law, he is failing in his duty to service commitment and maybe terminated or transfered as per the need. The department can argue in this line and against Joe's contention that he is being discrimanated on religious grounds. This is purely on the duty commitment grounds and nothing else.

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