Discrimination Issues.
Religious discrimination involves the unfair treatment of an individual (either an employee or citizen) due to the nature of ones beliefs or religious stance. The video is a clear depiction of how ones religious beliefs have led to the termination of services. Religious discrimination is as a cause of the employee exercising her religious belief, a Muslim, as she conforms to the requirements of her religious obligations, observing Ramadhan. However, in observance of her obligations, she is deemed to infringe on company policy as the head scarf worn on her head is not part of the official attire that the company dictates one should put on at all times. Therefore the management decides that they can no longer accommodate her services to the company.
Cause of action for the plaintiff is based on the fact of religious discrimination. Religious discrimination is illegal and thus the defendant’s right to sue according to Eeoc.gov (2016). Either the defendant can also claim infringement of rights on the grounds of wrongful dismissal or breach of contract as a consequence of Religious discrimination. The law categorically requires an employee to accommodate the religious practices of individuals unless the impact of religious practices will harm the employers business. Rationale used to check on the sensitivity of the case includes the form of discrimination, cause effect of the dismissal on the employee, the essentialism of the practice to the job, validity of the religious belief by the aggrieved party and the liability of the employer in provision of required conditions for accommodation of the belief.
The judge rules in favor of the plaintiff and bases his ruling in total consideration of the plaintiff’s aggrieved status. Judgement can be based According to the Equal Employment Opportunity Commission that imposes civil rights in the country on matters of federal employment through laws that govern the mandate of employers and employees while dealing with issues arising from any misunderstanding of the two. The judgment passed was effective and considered all parameters of the issue at hand. Discrimination is clear in the case as the judge indicates. On the matter concerning the accommodation the judge asserts that there was no provision to accommodate for the defendants conditions which should be provided for by the employer as circumstantial practice due to the religious belief of the plaintiff. The judge also affirms that the defendant is culpable of discrimination as he specifically indicates that the reason for dismissal is solely based on the defendant’s religious practices. The defendants’ rights were thus aggrieved and her dismissal was unlawful, therefore, the damages awarded to the defendant are legitimate in order to return her to a state similar to the one she would have been if she was still working. Favorable consideration has been provided and upon confirmation from both parties on their good rapport during work it is deemed right for the reinstatement of the plaintiff to her place of work. This decision will benefit both parties in fostering the relationship between the company and its employees through upholding of values and policies from all parties while curtailing any form of discrimination that may occur in the future.
Other forms of discrimination include discrimination on grounds of race and skin color. Employees are vicariously liable for any form of racial discrimination in the workplace. Age is also a form of discrimination that is common in the workplace. In such an instance the employee or applicant is treated unfavorably due to his/her age. Liability for such crimes ranges from fines to damages and the insistence of equal opportunities in the workplace. Discrimination may also take the form of sexual harassment or be based on sex, sexual harassment may involve engagement of one in indecent sexual behavior, sexual favors and verbal harassment that is of sexual nature as stated by Eeoc.sexual harassment (2008). Liability for sexual harassment is strict with those found guilty facing imprisonment and dismissal to hefty damage fees.
References.
US Equal Employment Opportunity Commission. (2008). Sexual harassment. Washington DC: US Equal Employment Opportunity Commission. Retrieved December, 1, 2008.
Eeoc.gov, (2016). Religious Discrimination. Retrieved 3 March 2016, from http://www.eeoc.gov/laws/types/religion.cfm
Friedman, R. J. (2009). Religious Discrimination in the Workplace: The Persistent Polarized Struggle. Transactions: Tenn. J. Bus. L., 11, 143.
