Stanford University Discrimination against Employee Discussion

Discussion Topic 2:

Arethere situations where a company may discriminate against an employee?What is reasonable accommodation and when does it apply? Can a companyrefuse to hire someone: a) with a visible tattoo? b) Someone who istransgender? c) A white person to work in a Chinese restaurant? d) Ablack actress to play the role of Amelia Earhart? Do you agree with thelaws regarding discrimination?

also response each posted #1 to 3 down below

posted 1

Yes,there are situations where a company may discriminate against anemployee. Title VII provides employers several defenses, which eitherlimit plaintiff’s recovery or completely excuse the employer fromliability (Langvardt, A. W., Barnes, A.J., McCrory, M.A., & Perry, J.E., 2019).These defenses include: same decision defense, senority, the various”merit” defense, and the BFOQ defense. These defenses protect theemployer because unfortunately, sometimes race, sex, and age doesmatter. A delivery company wouldn’t employ a person who can’t walk.Positions that can be filled by a crippled person, must providereasonable accommodations. Reasonable accommodations ensure that theemployee can perform the job functions without challenges due to theirdisability, race, sex, or religion. I believe a company can refuse ablack actress from playing Amelia Earhart. I have seen advertising forcast auditions and sometimes they do mention which race they need toplay a role. I look at video production as an art, I do not see why aproducer shouldn’t tell their story, their way. With that being said, asa black woman, I’d prefer to see Harriet Tubman being played by a blackwoman. There are enough holes in history, so it is important to tellthe story as honestly possible. Also, representations matters!

Inreference to sex and age, a company wouldn’t hire a woman to do a jobthat she is physically incapable of doing. It also, wouldn’t make senseto hire an elderly person for a position that is fast paced and requiresa certain level of strength. Yes, a company can refuse to hire someonewith a visible tattoo. There are some jobs that require a specificappearance and the company policy legally enforces that. Beingtransgender isn’t a reason to refuse employment, however if the currentgender status impacts the needs of the business, an employer can refuseto hire you. Being white in a Chinese restaurant is not a reason to denyemployment. I agree with the laws regarding discrimination, I justdon’t think they’re always exercised.

posted 2

Inmy opinion, there is no situation where a company can discriminateagainst an employee. We have different laws to protect employees fromthe different types of discrimination like sex, race, religion, nationalorigin or color discrimination). But according to Langvardt, Barnes,Prenkert, & Perry (2019), the employer has some defenses that canexclude their liabilities under the Title VII, as described below:

• Same-decisiondefense: When the employer can prove that it would have taken the sameaction regardless the employee’s protected status;
• Seniority: When the difference on the treatment is caused by the level of seniority of the employee.
• BFOQ: When the difference on the treatment is caused by the qualification of the employee.
• The various merit defenses: When the difference on the treatment is caused the quantity or quality of the production.

Thereasonable accommodation means the actions that need to be taken by theemployers to make their facilities usable and accessible to accommodateall employees, including the qualified individuals with a disability.It represents giving to all the employees the minimal condition for allof them to reasonably perform the essential functions of their jobs. Ifthe companies fail to provide a reasonable accommodation, they areillegally discriminating.

Iagree with the laws regarding discrimination, once they give a chancefor everyone to compete with equal chances and opportunities in analready highly competitive market that we currently have. Additionally, Idon’t think that a company can refuse to hire some person because ofhis physical attributes, like tattoos, gender, national origins and etc.

posted 3

There are several situation where companies discriminate againstemployees, they just act like its not the reason, they discriminateagainst race, sex, age, size, pregnancy etc. I worked in corporateAmerica for 9 years and I lived it first hand, I even quit my jobbecause of it. I was turned done for several promotions that I was morethan qualified for, but I noticed that they went to white men with farless experience than me.

Reasonable accommodation applies to people that have a disabilities,companies have to accommodate their needs, such as special computerequipment, chairs, bathrooms etc. Companies cannot refuse to hiresomeone with a visible tattoo, they can ask them to cover it up withclothing based on a stated dress code or aesthetics. Companies cannotrefuse to hire some one who is transgender, or white working in aChinese restaurant, or a black actress to play the role of AmeliaEarhart because of Title VII of the 1964 Civil Rights Act. I fully agreewith the laws regarding discrimination, but I will say that it happensanyway, because how are you going to prove that you are beingdiscriminated against? When you say something about not getting apromotion, people tell you not to rock the boat, or people do not likewomen that are outspoken.

I was fired from a job for being black at the age of 17 or 18. I wasworking in the deli of Eddies Market in Baltimore, Md. I was learninghow make and ring up sandwiches, I made a sandwich for a black customerbut did not charge him for substituting turkey for corned beef, the delimanager snatched the sandwich out of my hand and yelled at me in frontof the customer, he reprimanded her for her actions and behavior. I wassent home for the day and told to call the manger in the morning, when Idid, he apologized for what happened then said it wouldn’t be good tobring back someone that was bitter. I was not bitter, I was too young tobe bitter, I was confused more than anything else. It was my first orsecond day working there, I was not taught that I had to charge thingsseparately when a substitution was made.