[Solved] Criminal Law

Assignment Prompt & Instructions

[>Criminal homework help](https://www.sweetstudy.com/fields/law-criminal)

You are a paralegal assigned to assisting Sam's lawyer.

300 words/2 references

Sam owns a resort that has over 100 employees.  He hired Ahmed, a Muslim man, as a landscaper.  Ahmed informed him during the interview process that per his faith, he would need to take prayer breaks during the day in accordance with his religion.  Sam, who espoused a policy of diversity, told him it wouldn't be an issue.

After the U.S. Supreme Court decision in _Burwell v. Hobby Lobby Stores,_ [573 U.S. 682 (2014)](https://www.oyez.org/cases/2013/13-354), Sam decided to stop paying for any kind of birth control through the health insurance that he offered his employees due to financial loss associated with the COVID-19 crisis.

Sam then started thinking about other ways in which religion impacted his business.  After talking with his wife, he decided to tell Ahmed that he could no longer take time out of the day for prayer, as it probably was disruptive to business and likely bothered the other employees in this mostly Christian town.  He issued Ahmed a letter informing him that, under Sam's religious freedom rights as a business owner, Ahmed would no longer be allowed to pray during the workday.  The next day, he got a certified letter from Ahmed's lawyer telling him that he was violating Ahmed's rights and unless he allowed Ahmed to continue to continue to pray at work, he would be subject to a lawsuit.

Further assume that the lawyer for whom you work wants you to outline the basic arguments that should be made for the respective client.  Upon what resource(s) did you rely in your proposed legal argument?

Note that the First Amendment protects against governmental actions, not those of private individuals.  Also, what is the law that gives First Amendment rights to corporations?  You will want to find that as well (it's mentioned in the _Hobby Lobby_ case).  Here's [something to start your research](https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation#:~:text=Yes.,on%20operation%20of%20the%20business).) on the rights of individuals in the workplace.

Now you may make your personal commentary on these issues.

– Do you agree with corporations having First Amendment rights?  Why or why not?
– Do you think that corporations should be able to impose the religious beliefs of the owners on the employees and not be subject to restrictions like Title VII?
– What if Ahmed was a Scientologist?  What if Ahmed was a member of a religion created by his cousin?  How do you know if a religious practice is protected?
– Does the US need a constitution or not?  Why?