Discrimination

In our Declaration of Independence it is stated, “…that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.” Throughout time many laws were created to help we, the people, achieve that dream of the pursuit of Happiness. In the work force Title VII was created to help discrimination against race, color, religion, sex, and/or national origin. The two cases examined in which Jennifer and Bob both sued Woodland Inc. outdoor recreation and equipment store, were brought about under Title VII. However, neither one of their cases passed through the EEOC because of Bona fide Occupational Qauilifcation (BFOQ) and because of adverse impact treatment. Also, Woodland Inc. should be aware for the future about the arrangment of employees in the cafeteria and warehouse because of the Civil Rights Act in 1964. They also need to be sure to cover all of their bases in order to avoid more discrimination cases in years to come.

Bona Fide Occupational Quailification

Jennifer applied for a job in advertising men’s hiking gear, but was not awarded the job. In effect, Jennifersued Woodland Inc. for sexual discrimination. However, Woodland Inc.’s defense was BFOQ. The fact that Jennifer is a female had nothing to do with why she wasn’t hired. The probable factor that she could not preform the necessary requirements of the job at hand was the main reason for not selecting her. BFOQ states if the gender cannot perform the necessary requirment of helping the business profit, or disturbs the customer’s privacy, then he or she does not have a case under sexual discrimination (Massengill, 2007). For example, in jobs where sex or vicarious sexual recreation is the primary service provider (e.g. topless dancers) the job automatically calls for one sex exclusively (Massengill, 2007 ). Another example would be that in the court case of Fesel v. Masonc Homes, a male was not hired for the nursing job because the employer needed to respect the privacy interests of the guests and patients (Massengill, 2007). Woodland Inc. was also sued by a fifty-seven year old man named Bob on the basis of age discrimination. He felt as though his employer removed him from the wall climb because of his age. However the real reason he couldn’t perform on the wall climb was because of a physical disability.

Adverse impact Treatment

Bob was an employee who worked at the rock wall at Woodland Inc. constructing the rock climb. The company moved Bob to another job because he was physically unable to perform his necessary job of climbing the wall. Bob sued the company because he thought he was being discriminated against because of his age, but the EEOC said he had no case. The ADEA is the age discrimination act that helps people over 40 years of age from being discriminated against within the work place. The adverse impact actually helped protect the company from being sued. Adverse impact is defined as a substantially different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group in the Uniform Guidelines on Employee Selection Procedures. In the case of Smith v. Jackson, Miss the case states: If an employer in act acted on a factor other than age, the action would not be prohibited (2005). The company did not move Bob because of his age but because he was not able to perform the job. He was not fired but just moved to another job. Thus, Bob did not bring enough evidence that claimed he was discriminated against solely because of his age. Also, with the cases of discrimination against Woodland Inc. the company should be concerned with the set up of cafeteria and warehouse staff.

Stereotype

The employees working in the cafeteria verses the employees working in the warehouse gives Woodland Inc. the image of women doing the cooking and men doing the physical labor like in the 1950’s and 60’s. The Civil Rights Act of 1964, passed by Lyndon B. Johnson, states that it is afederal law that authorizes federal action against segregation in public accommodations, public facilities, and employment. Thus, with Woodland Inc.’s set up it looks as though they are segregating men and women to a stereotypical view on what they should be allowed to do. In the case of Haynes v. Shoney’s Inc. the plaintiff’s attorney was hired to determine whether the restaurant were segregating blacks and whites by only having blacks in the kitchen (the back of the restaurant) and have whites working in “front” of the restaurant (Goldstein& Warren, 2005). In this case it showed how the Shoney’s Inc. was being sued over the arrangement of employees in their restaurant. Thus, with all the cases that Woodland Inc. has had against them, they should be able to find ways to prevent any more law suites against their company.

Prevent Discrimination

A key way Woodland Inc. can prevent being sued again is by implementing a detailed comprehensive plan to employees and detailed information on what is needed in order to be hired in each specific position. Applying these tactics can help Woodland Inc. if and when anything comes up about employees feeling discriminated upon. Also, it would be a good idea for Woodland Inc. would keep detailed statistics of employee’s practices, get feedback, and do constant interviews to stay updated on how the practices of the company is being held in Woodland Inc. Also, by taking accurate details of their employees practices it will help protect Woodland Inc from discrimination cases in the future.

Conclusion

In Jennifer’s case, the BFOQ was the fighting point that helped Woodland Inc. protect itself from a sexual discrimination case. Also, adverse impact prevented Bob’s age discrimination case to go through. Nevertheless, by applying new tactics to the company’s pratices, it will help Woodland Inc. prevent discrimination cases in the future.

Bibliography

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