Case: Cloutier v. Costco
Question:
1. What is the legal issue in this case? What did the court decide?
2. In your view, is Cloutier able to establish a prima facie case of failure to reasonably accommodate? Does she show the existence of a sincere religious belief or practice that conflicts with the employer's appearance requirements?
3. Comment on the process of reasonable accommodation in this case. How might Costco have handled the process better? Cloutier?
4. Should courts consider accommodations offered after an adverse employment action has been taken, in determining whether an employer has failed to offer a reasonable accommodation?
5. Does Costco meet its burden of showing that there is no accommodation acceptable to Cloutier that it could provide without undue hardship? Under the logic of this decision, would employers ever have to make exceptions to established dress and appearance codes in order to accommodate religious practice?