National Origin Discrimination

Answer questions 1-8.  1.Based on the EEOC’s Revised Race Guidance, describe any five (5) of the elements that constitute Title VII’s (of the Civil Rights Act of 1964) prohibition of race discrimination. Give an example for each. 2.Francisco, a Hispanic man, is employed by the Inter-Pacific Railroad as a supervisory conductor on its commuter trains. Except for one white woman, all other supervisory conductors are black men. The other supervisor conductors refer to Francisco as “Taco” and used other racial slurs when referring to him. Francisco complains about this to the senior trainmaster and threatens to file a claim with the Equal Employment Opportunity Commission (EEOC). What steps would you suggest the trainmaster follow so as to address Francisco’s concerns and prevent him from filing a claim with the EEOC?  3.Franklin, a U.S.-born individual of English ancestry, works for the China Soul Restaurant, which is owned and operated by two U.S. citizens of Chinese ancestry. Franklin’s co-workers Jin Pan and Lou Jiang, also U.S. citizens of Chinese ancestry, are late for work almost every day, but no action is taken against them even though the owners are aware of Jin and Lou’s tardiness. There is a clearly stated workplace policy that an employee reporting to work late more than once in a 60-day period will be dismissed. Franklin reports to work late twice, and he is dismissed. Explain whether Franklin has a basis for a national origin discrimination claim. 4.Kevin, the owner and manager of a large warehouse, speaks only English. He requires that all his employees speak English to ensure that communication related to work is clear and effective. A number of non-English-speaking workers complain about the policy on the grounds that they can converse in their native languages and still get the job done. If these non-English-speaking employees bring a claim of national origin discrimination on the basis of this policy, what is Kevin’s best defense? Explain. 5.Discuss and explain the six factors that will be considered by the courts and the Equal Employment Opportunity Commission in determining whether an employer has successfully borne the burden of reasonably accommodating an employee’s religious conflict. 6.MaryJo, a very religious woman, takes every opportunity to propagate her religion at work to the extent that it adversely affects her productivity as well as that of those around her. Her employer admonishes her to stop proselytizing at work. She offers instead to simply limit her proselytizing to certain hours of the day. Her employer declines the offer and reminds her that she is being paid to work, not to preach. When MaryJo refuses to accede to her employer’s wishes, she is fired. She files a claim with the Equal Employment Opportunity Commission (EEOC) alleging that her employer failed to accommodate her religious beliefs. Evaluate the merits of her claim. 7.Chad was 54 years old when he was hired as a disc jockey by William. Two years later, as William’s business was failing, Chad was laid off by William. Chad felt that he was laid off because of his age, so he brought a claim of age discrimination against William. On the basis of these facts alone, briefly discuss William’s defenses to Chad’s claim. 8.List the elements that must be established by an employee to persuade the court that she or he has a claim for age discrimination.

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