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EQUAL EMPLOYMENT OPPORTUNITY
A case of EEOC against Abercrombie & Flitch Stores
The EEOC is a United States agency that enforces judicial and administrative of the civil rights in ensuring there is equal opportunities in employment. They also use technical assistance and education to run the platform. It works hand in hand with two bodies, one in charge of civil rights while the other mandated with contract compliance when implementing its obligations (United States Department of Labour, 2018).
A case emerged between the commission and the Abercrombie & Fitch Stores, Inc in 25 th February 2017. Abercrombie is a clothing industry and a major supplier in the country. The firm formulated a law that no employee is allowed to wear a black cloth
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She was a Muslim and had to wear headscarf and hijab which she maintained at the interview. She omitted to mention the cause of her dressing and so did the interviewer. However, the interviewer in consultation with her manager decided to lower her score which altered her overall performance. She eventually lost the job.
The Commission on behalf of Samantha, sued the firm for violating the employment act established in 1994 under civil rights. The management in response, claimed that she refused to mention why she had to wear the headscarf yet she was aware of the Look Policy before the application.
The hearing
During the hearing, the question which emerged was as follows. If an employer is responsible for rejecting some applicants due to their religious beliefs out of ignorance. This is based on the commissioned act of 1994. An employer is not expected to judge the applicants based on their cultural practices (Oyez,
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It was held that for the liability of the employer, the applicants had to show a motivating factor to be accommodated under the employer’s decision. The act prohibits such disparate oppression and moreover, it does not require the knowledge of the job owner about status of the interviewees. Samantha proved that her failure was objected from the employer’s decision of working against some religious practices under the Title VII. Furthermore, the court emphasized to shift focus from mere neutrality and insisted that the act was created to accommodate and corporate all religious practices (Eeoc.gov, 2018). It is not the duty of applicants to inform the interviewer about their religious status thus, Justice Samuel concurred with the judgement arguing that the employer was held liable for the fault.
The commission acts on behalf of the job applicants who feel that their rights have been violated based on their characters, background believes. They affirmatively prohibit discrimination against gender, age, religious, sexual abuse and physicality. Everybody has an equal opportunity in doing a task as long as they are qualified. Based on my opinion, I agree with the judgement because we are all equal and our respective backgrounds does not matter. After all, we never chose to be born where we were born. Rules must be protected and adhered to for fairness and equality to
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
New York Transit Authority, the employer is required by the law to reasonably accommodate Ms. Myers religious beliefs. (U.S. Equal Employment Opportunity Commission, 2015) An employee’s every desire request is not required by the guidelines prescribed in Title VII. (U.S. Equal Employment Opportunity Commission, 2015) If accomodating Ms. Myers would have caused undue hardship to the employer, the New York Transit Authority, reserves the right to limit its accommodation. (U.S. Equal Employment Opportunity Commission, 2015)
First is because the policy change was made due to the growth in our company and the need to increase production. By not making this change our company would begin to suffer due to lack of supply to meet the market demands forcing an unnecessary hardship on the company. Second is a result from the “reasonable person test”. “An employee who resigns after being subjected to unlawful discrimination is said to have been constructively discharged if a reasonable person would have found the discriminatory conditions to be intolerable.” (Finnegan, 2001, p. 562) Finally, the employee must provide definitive proof of their religious beliefs and conclude with irrefutable evidence proving the working conditions were intolerable and that the employer created the conditions, targeting the employee into
Therefore, the job could have been done by either of the genders that applied. For this reason, the defense of the airline company was compromised. This led to the court’s decision that the placement of discriminating conditions such as the maximum height rule and the hiring of attractive female candidates only was a violation of Title VII under the Civil Rights Act of 1964. Indeed, the unlawful and impermissible discrimination exercised by the airline company denied the male applicants the above mentioned privileges and thus was a just cause of action taken by Gregory R.
The Court held that failing to accommodate a potential employee or an employee was enough to bring up a disparate treatment claim. It held that in order to make a claim based on disparate impact the plaintiff needs only to prove that the need for accommodation was the motive behind the employer’s refusal to hire them, not whether the employer knew about this need. Therefore, the Court determined that rather than imposing a knowledge standard, like the 10th Circuit Court did, motive was enough to violate Title VII since Abercrombie knew or suspected that Elauf wore the headscarf for religious reasons and did not want to accommodate her. “An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions” (EEOC v. Abercrombie & Fitch, Inc., 2015). Finally, the Court held because of the description that Title VII gives for religion, it places religion as a protected class and therefore asks that it be given favored treatment over other
The EEOC carries out its work at headquarters and in 50 field offices throughout the United States. Individuals who believe they have been discriminated against in employment begin the processes by filing administrative charges. Individual Commissioners may also initiate charges that the law has been violated. Through the investigation of charges, if the EEOC determines there is "reasonable cause" to believe that discrimination has occurred, it must then seek to conciliate the charge to reach a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the EEOC may bring suit in federal court. Whenever the EEOC concludes its processing of a case, or earlier upon the request of a charging party, it issues a "notice of right to sue" which enables the charging party to bring an individual action in court. The Commission also issues regulatory and other forms of guidance interpreting the laws it enforces, is responsible for the federal sector employment discrimination program, provides funding and support to state and local fair employment practices agencies (FEPA's), and conducts broad-based outreach and technical assistance programs.
Her refusal causes confusion because of the technicality that it is interpreted as not following the law, but the law also shouldn’t cause her to act against her beliefs. Both the defendant and the plaintiff have rights that they feel are being stepped on. The similarities to the Brown v. Board of Education case is not only because it ended up going to the supreme court level, but because it is seen as a matter of equality even though it might be contrary to people’s religious beliefs.
My personal opinion is that it is wrong to do be an object of the rules someone told you when you were born. Everyone has the right to argue about the city and laws or with his father or mother.
The Civil Rights Act of 1964, is specific to this case concerning Marwan’s conduct and is clearly stated under Title VII of the Civil Rights Act. This regulation protects employees against workplace discrimination on the basis of gender, race, creed, origin and religion and relates to all employers whether local, state or national. Organizations that employ fifteen or more employees has to stand by this regulation (Civil Rights Act, n.d.). According to this law, a commission called Equal Employment Opportunities Commission has been arranged, to protect individuals in contradiction of discrimination and enforce this as well as additional pertinent laws such as discrimination. Discrimination within the workplace has been in existence for a long time and was initiated by the U.S. Authorities once hearing several cases of harassment. The discrimination law protects applicants, employers and employees. The law states that no employer can take recruitment decision solely on the basis of the race, origin, gender, handicap of the applicant and is unable to take favor over anyon...
... I believe the inconsistent nature of the selection process and the lack of a clearly defined procedure for the selection of candidates, led to the court’s decision that some classes of candidates were treated unfairly. Employers and government agencies alike should utilize legal services to ensure that hiring and testing processes are equitable and legal. The Lewis v. City of Chicago case was found in favor of the plaintiffs that may have been an oversight in which the city simply desired to create a manageable hiring list. Illegal classifications and hiring projection errors created a case where a class action group was victims of disparate treatment.
Jack’s claim is not true at all. As an employer, he could be accused of discriminatory practices any time. Especially when the applicants complain about the question, they were asked during interview or at work. For example, the female applicant were asked about their childcare in their absence, however male were not asked the same questions. The case m where minority applicants were asked about their arrest record and credit history, while non-minority were not asked the same questions. Moreover, there are other cases of discrimination within the company such as where the older man was paid less than the other younger employee while, they were all doing the same job. Or the case with the sexual advances made toward women by the store manager. All these are serious cases of discrimination and are a violation of the Equal Pay Act, Sexual harassment and age discrimination, etc.
Religion is an important part of everyone’s life. However, to maintain the cultural religion, people should perform the rules which this religion needs. A teenager wears a headscarf all times in her life, so that she was declined to work at a cloth store. As a result, Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores is a case about the religious discrimination. On February 25, 2015, the case was argued, and it decided on June 1, 2015.
Throughout the years the United States has faced many challenges with equal employment opportunities for everyone. The United States has developed The Equal Employment Opportunity Commission, also known as the EEOC, to enforce laws that help prevent everyone from being treated unfairly when it comes to employment options. The EEOC has established stipulations and overlooks all of the federal equal employment opportunity regulations, practices and policies (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Some laws that have been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of these laws have helped the United States citizens become treated more equally in the work force.
Introduction- Discrimination affects people all over the world. People of all ethnicities and from all different walks of life are influenced in some way by workplace discrimination. "Discrimination" means unequal treatment. One of the most common elements discriminated against is a persons ethnicity, or their race. This is called Racial Discrimination. While there are many federal laws concerning discrimination, most states have enacted laws that prohibit it. These laws may have different remedies than the federal laws and may, in certain circumstances be more favorable than the federal laws.
Many job seekers will face employment discrimination or perhaps to be treated differently because of their skin color, age, or religion. Although it is illegal to discriminate in hiring and firing, however, one of the mo...