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Facts Lester Young was employed at Gemini Aluminum Corporation Young also had been a Jehovahs Witness since May 1970 and had been attending 3-day conventions every year since that time as a form of worship and religious study in his faith On June 16 1997 Young requested two days of time off to attend a convention but his request was denied Young went to the convention despite the denial of his request and missed work on Friday June 27 1997 Young was given a 10-day suspension when he returned to work on the following monday Young believed that the suspension was unfair due to the fact that he felt obligated to attend the religious convention and knew of other people who accumulated more absences from work and received lesser suspensions Issue Did the defendant violate state and federal laws which prohibits discrimination based on religious creed Rule California Civil Code 12940 states that it shall be an unlawful employment practice unless based upon a bona fide occupational qualification or except where based upon applicable security regulations established by the United States or the State of California for an employer because of the race religious creed color national origin ancestry physical disability mental disability medical condition marital status sex age or sexual orientation of any person to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment or to bar or to discharge the person from employment or from a training program leading to employment or to discriminate against the person in compensation or in terms conditions or privileges of employment Analysis Code 12940 states that it is unlawful employment practice to discriminate against a person because of religious creed Gemini had discriminated against Young by failing to accommodate his religious beliefs failed to prevent discrimination and had retaliated against Young for protesting the discrimination all in violation of Government Code section
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