Discrimination Issues Essay Paper

Discrimination Issues
Discrimination Issues

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Discrimination Issues

Introduction

In this contemporary society, people have based the element of religious accommodation in making different decisions especially within work environments that have seen the employers either agreeing with the employees or having a different feeling in consideration of the differences in beliefs and discrimination issues. Today, it is more likely to find a Christian refusing to employ a Muslim because they have different beliefs and faiths.

The law therefore considers religious discrimination in different angles (Burmeister, 2014). These laws therefore address the issues that tend to be different from the other forms of employment discrimination. These laws have been constituted in a complex manner, a factor that has seen the reduction of religious discrimination and accommodation cases within the working environment. This paper therefore seeks to carry a study on discrimination issues as regarded by religion and accommodation.

Issue

Flips burger is a company that has fifteen employees with the company putting emphasis on adhering to its rules and regulations as defined by the EEOC. According to the case study, a plaintiff was fired for legitimately acknowledging her religious beliefs by putting on a Hijab to work during their Ramadhan celebration (Burmeister, 2014). It is however essential to note that the defendant had no valid reasons to prove the Plaintiffs breach of the working conditions.

It is essential to establish the fact that the employers always have the right to develop boundaries and policies in the manner in which employees dress. However, religious and accommodation issues are likely to come in between this aspect (Burmeister, 2014). It is in this case essential to stress that if the dressing code genuinely reflects the employee’s religious belief, there is need for the employer to accommodate these beliefs since failing to do this would create issues for the employers business.

Elements of the Cause of Action

In determining the elements that led to the cause of action, it is vital to understand that the defendant had the capacity and authority to set work place rules in governing the image of the company and in promoting the professional appearance of his employees as would be indicated in a court of law (Massengill, & Petersen, 2008). However, there is a need to grant opportunities with the aim of accommodating the employee’s genuine religious beliefs such as the wearing of Hijab to work. This therefore depicts the manner in which the employer discriminated the employees’ rights within the work environment.

Discrimination Issues

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Applicable Defenses for the Case

Even upon the placement of policies within the workplace, employees need to be on the look in considering and accommodating the religious beliefs of the employees as a way of avoiding litigation. In as much as the employer may have had no reasons of terminating the services of the employee, it is essential to consider that this is an act of discrimination that is also viewed as unethical (Massengill, & Petersen, 2008).

Considering the fact that the Plaintiff provided the employer with adequate notice about the religious even that was underway and the practices that follow these events, the employer still failed to accommodate this fact, a factor that proves that he is guilty of discrimination.

The Basis for the Judge’s Rule

It is essential to consider the fact that this case needs to be determined in different ways. First, the employer who is the defendant having been provided with adequate notice on the employees beliefs failed to accommodate the beliefs of the employee. This therefore denotes that fact that the employee’s religious rights were violated (Rabin-Margalioth, 2003). The judge would therefore consider the fact that the employee’s garments were worn for religious purposes and were not injurious to the public’s welfare.

However, two issues remain that need to be considered. The wearing of Hijab may be acceptable within a work environment. But the other Islamic clothing’s that cover the body and the faces of an individual such as the Niqabs and the burkhas may prove challenging to tolerate especially for the employees who serve within public places (Rabin-Margalioth, 2003). This would hinder the manner in which humans communicate especially when not seeing the face of someone serving you.

These are factors that employers therefore need to deliberate with employees in striking an agreement. It is therefore significant that the employer needed to ensure that the organization incorporated the element of inclusivity in accommodating the employees and their religious beliefs even when the company was concerned about its image in order to avoid the litigation.

Discrimination Issues

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Conclusion

This study confirms that fact that people have based the element of religious accommodation in making different decisions especially within work environments that have seen the employers either agreeing with the employees or having a different feeling in consideration of the differences in beliefs. The employers always have the right to develop boundaries and policies in the manner in which employees dress.

However, religious and accommodation issues are likely to come in between this aspect. It is therefore essential for employers to consider the religious beliefs and practices of their employees in order to protect the rights of the workers and avoid litigation.

References

Burmeister, B. (2014). What you should know about the Employment Equity Amendment Act. Finweek, 18-20

Massengill, D., & Petersen, D. J. (2008). Job Requirements and Religious Practices: Conflict and Accommodation. Labor Law Journal, 39(7), 402-410.

Rabin-Margalioth, S. (2003). Anti-Discrimination, Accommodation and Universal Mandates–Aren’t They All the Same? Berkeley Journal of Employment & Labor Law, 24(1), 111.

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