Expanding the Obligation to Accommodate Public Employee Religious Free Expression and Its Effect on Bureaucratic Accountability

Expanding the Obligation to Accommodate Public Employee Religious Free Expression and Its Effect on Bureaucratic Accountability PDF Author: James N. Szymalak
Publisher:
ISBN:
Category : Freedom of religion
Languages : en
Pages : 379

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Book Description
This study explores the proper limits of workplace religious accommodation within public administration by examining the predicted outcomes of proposed legislation that would permit employees to refuse to perform their assigned duties based upon religious objections. A test suite of crucial cases is developed to predict outcomes under both the existing religious accommodation framework, and the proposed expanded obligation. The study concludes that an expanded accommodation obligation would likely result in the infliction of dignitary harm upon certain government service beneficiaries, and such harm potentially impares administrative legitimacy. It also reveals significant constitutional issues with an expanded obligation, as well as challenges to implementation and adjudication. The project integrates the public policy, public law, and public administration subfields.

Expanding the Obligation to Accommodate Public Employee Religious Free Expression and Its Effect on Bureaucratic Accountability

Expanding the Obligation to Accommodate Public Employee Religious Free Expression and Its Effect on Bureaucratic Accountability PDF Author: James N. Szymalak
Publisher:
ISBN:
Category : Freedom of religion
Languages : en
Pages : 379

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Book Description
This study explores the proper limits of workplace religious accommodation within public administration by examining the predicted outcomes of proposed legislation that would permit employees to refuse to perform their assigned duties based upon religious objections. A test suite of crucial cases is developed to predict outcomes under both the existing religious accommodation framework, and the proposed expanded obligation. The study concludes that an expanded accommodation obligation would likely result in the infliction of dignitary harm upon certain government service beneficiaries, and such harm potentially impares administrative legitimacy. It also reveals significant constitutional issues with an expanded obligation, as well as challenges to implementation and adjudication. The project integrates the public policy, public law, and public administration subfields.

Expanding Public Employee Religious Accommodation and Its Threat to Administrative Legitimacy

Expanding Public Employee Religious Accommodation and Its Threat to Administrative Legitimacy PDF Author: James N. Szymalak
Publisher: Springer
ISBN: 3319978314
Category : Political Science
Languages : en
Pages : 193

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Book Description
In the wake of same-sex marriage legalization, most religious conservatives realize that they now share a minority viewpoint on many social issues. Such change has forced those formerly trying to forestall social evolution to instead seek legal recusal from engaging in matters that conflict with their religious beliefs. Not surprisingly, these recent legislative attempts to “affirm” religious free expression all focus upon the rights of the religious adherent, while mostly failing to consider the potential harm to third parties. In the provision of government services, this omission can do significant, lasting damage to public perceptions of administrative legitimacy—often already perilously maligned. Should government officials be legally obligated to grant their employees religious accommodations that they know will result in negative public perceptions, or worse, inflict dignitary harm among citizens seeking its services? This book draws attention to the threat to effective government that proposed expansions to religious accommodation laws can create. From damaging public opinion, to the myriad implementation concerns such as what even constitutes a religious belief to be accommodated, these challenges should serve as a warning to legislators and religious accommodation advocates to reconsider application of these enhanced obligations to the civil service.

The Justices Find Religion

The Justices Find Religion PDF Author: Nantiya Ruan
Publisher:
ISBN:
Category :
Languages : en
Pages : 43

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Book Description
Religion matters to people. It matters a great deal to religious believers who wish to be free from discrimination and who believe the law should protect them from harassment and allow for accommodation of their religious requirements. It matters to those who do not ascribe to any religion because they want to be assured that religion is not encroaching on their rights and wish to remain free from harassing believers. This tension plays out most forcefully in two places in American society: the public sphere (e.g., public property and public schools) and the workplace. The public sphere is the forum where communities gather and express certain (often majority but also sometimes controversial) viewpoints. Yet the workplace is where most people spend most of their waking time, and therefore bump up against others of different views most frequently. There is reason to believe that the Supreme Court, with its recent personnel changes, will be supportive of more accommodation for religious expression in the workplace. If the Justices expanding public religious expression (such as Ten Commandments displays on public property) are to be consistent, they must revive the largely dormant religious accommodation clause of Title VII. The current statutory rule, that employers need undertake only de minimis accommodations of employee religion, flies in the face of the Court's recent pronunciation, in expanding religious expression under the Establishment Clause, that morality [is] essential to the well-being of society and that encouragement of religion [is] the best way to foster morality.This article urges greater judicial recognition of workplace religious expression rights as the only result both consistent with the Court's Establishment Clause jurisprudence and consistent with the legislative intent of statutory religious accommodation provisions. Respectful religious pluralism in the workplace should become the norm, through judicial requirements of best practices in the workplace. Such a view should be wholly supported by the current Court because it is consistent with the Establishment Clause case law stating that religion fosters moral good and that in a pluralistic society religious expression cannot automatically be deemed threatening to those with different views.

Communities in Action

Communities in Action PDF Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309452961
Category : Medical
Languages : en
Pages : 583

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Book Description
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

The Structuring of Organizations

The Structuring of Organizations PDF Author: Henry Mintzberg
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Synthesizes the empirical literature on organizationalstructuring to answer the question of how organizations structure themselves --how they resolve needed coordination and division of labor. Organizationalstructuring is defined as the sum total of the ways in which an organizationdivides and coordinates its labor into distinct tasks. Further analysis of theresearch literature is neededin order to builda conceptualframework that will fill in the significant gap left by not connecting adescription of structure to its context: how an organization actuallyfunctions. The results of the synthesis are five basic configurations (the SimpleStructure, the Machine Bureaucracy, the Professional Bureaucracy, theDivisionalized Form, and the Adhocracy) that serve as the fundamental elementsof structure in an organization. Five basic parts of the contemporaryorganization (the operating core, the strategic apex, the middle line, thetechnostructure, and the support staff), and five theories of how it functions(i.e., as a system characterized by formal authority, regulated flows, informalcommunication, work constellations, and ad hoc decision processes) aretheorized. Organizations function in complex and varying ways, due to differing flows -including flows of authority, work material, information, and decisionprocesses. These flows depend on the age, size, and environment of theorganization; additionally, technology plays a key role because of itsimportance in structuring the operating core. Finally, design parameters aredescribed - based on the above five basic parts and five theories - that areused as a means of coordination and division of labor in designingorganizational structures, in order to establish stable patterns of behavior.(CJC).

Limits of Tolerance

Limits of Tolerance PDF Author: Sebastian Brett
Publisher: Human Rights Watch
ISBN: 9781564321923
Category : Political Science
Languages : en
Pages : 210

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Book Description
History and Legal Norms

Religious Liberty Under the Free Exercise Clause

Religious Liberty Under the Free Exercise Clause PDF Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Church and state
Languages : en
Pages : 188

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Book Description


Americans with Disabilities Act Title II Regulations

Americans with Disabilities Act Title II Regulations PDF Author: United States. Department of Justice
Publisher: Createspace Independent Publishing Platform
ISBN: 9781503079229
Category : Barrier-free design
Languages : en
Pages : 0

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Book Description
This revised title II regulation integrates the Department of Justice's new regulatory provisions with the text of the existing title II regulation that was unchanged by the 2010 revisions. Includes a section for guidance and analysis.

Bulletin of the Atomic Scientists

Bulletin of the Atomic Scientists PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 64

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Book Description
The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.

Section 1557 of the Affordable Care Act

Section 1557 of the Affordable Care Act PDF Author: American Dental Association
Publisher: American Dental Association
ISBN: 1941807712
Category : Medical
Languages : en
Pages : 10

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Book Description
Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.