Ricardo A. Ruvalcaba
University of the Incarnate Word
January 27, 2015
Is This Unlawful Discrimination?
Unlawful discrimination occurs when an employer commits an adverse action against an employee because of the following attributes of the person: race, color, sex, age, pregnancy, etc.
The Equal Employment Opportunity Commission (EEOC) may take action when an investigation shows that there has been a violation in a person’s civil rights just because of his or her attributes.
Case #1 Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based on religion. Religious discrimination is treating a person differently because of their religious believes. In this case Elaine Mobley, a member of the nonsectarian Unitarian Universalist Church, can file a legal sue under religious discrimination or the Civil Rights Act of 1964, because she was discriminated by employees and her supervisor. They said that she would be “making efforts repeatedly to “save the soul” of a fellow employee” (Neill, 2014, Web). A proven wrongful dismissal will tend to lead to two main remedies: reinstatement of the dismissed employee, and/or monetary compensation for the wrongfully dismissed. In this case the court should look on how Elaine Mobley told her supervisor that she was feeling harassed by her employees, and shortly after that she was fired. In this case the judge should rule in favor of Elaine Mobley, because of what we have of the case it seems that she was being harassed and told her director of division and did nothing but fire her. The employer did in fact discriminate unlawfully, because you cannot force someone to become one of your same religion. It is especially unlawful to leave messages in her desk stating “How can you speak of God and Reject me? I love you and know all about you” as the book stated (Nkomo, Fottler, McAfee, 7 edition, p. 56).
Case #2
In case #2 Edward Roberts
References: History.com Staff (2010). Civil Rights Act. Retrieved from http://www.history.com/topics/black-history/civil-rights-act Neill and Byrne (2014). Religious Discrimination. Retrieved from http://www.workplacefairness.org/religion#1 Nkomo, S., Fottler, M., McAfee, B. (7 edition). Human Resource Management Application. U.S. Equal Employment Opportunity Commission (2014). Title VII of the Civil Rights Act of 1964. Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfm