Part I
Scenario I: Discrimination
The Mad Beach Club, which is a small casual restaurant in Cleveland, Ohio. There is a total of 19 employees where only 4 of them are full time. We had two applicants that applied for the position, there was Mandie that is transgender and 46 years old who has multiple years in waitressing and bartending as her job experience. Then we have Joy, which is 25 years old with only 1 year of Hooters experience behind her. Mad Beach Club hires Joy and Mandie finds out there was a 25-year-old college student that was hired with less work experience than her. Mandie files a lawsuit of discrimination against Mad Beach Club. When Mandie files the discrimination against the employer, she must first see that this happened in the state of Ohio, happened within 6 months of filing the lawsuit, and did this happen because of age or gender. Mandie answering these questions might feel it is because of gender and age (Corporation, 2010). The outcome of this lawsuit would be that there was age discrimination. The reason would be that hiring a 25-year-old that has only 1 year of experience compared to multiple years of qualified experience. When they go to court, the plaintiff must have proof that age was not the cause of their hiring decision (Twomey, 2017)
Ohio law does not protect transgender cases of discrimination based on transgender or any LGBTQ communities for employment, housing, and public accommodations (Trans Know Your Rights, 2018). If not protected under LGBTQ, if Mandie was a transgender male then there could be a suit for hiring a female over a male using the sex discrimination. There are some questions that still need to be answered because it is hard to determine if this more of a sex discrimination or LGBTQ. If it is based on sex discrimination then there could be chances for Mandie to win the lawsuit, however if it is just based on transgender, sexual orientation or identity/expression then there are no laws to protect these areas (Trans Know Your Rights, 2018). Transgender not being a protected class, the outcome of this suit would be slim on Mandie receiving any compensation or that she was discriminated against.
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Part II
• Employment Discrimination
• Drug Testing
These two areas are important when working at Wild Wiley’s Nail Salon, are employment discrimination and drug testing. I feel it is important to do drug testing for the employees that are performing services and using chemicals to apply nails on someone’s hands, however nail salons are not covered under the Federal Omnibus Transportation Employee Testing Act (Twomey, 2017). The business does not want any employee feeling like we are attacking their fourth and fifth amendment rights (Twomey, 2017). Wild Wiley’s Nail Salon would only drug test if there was suspicion of someone being under the influence, because we want to minimize having OSHA claims (Twomey, 2017). Employment discrimination and anyone that is doing the hiring process at Wild Wiley’s Nail Salon should be fully trained on the protected classes and how to not discriminate between candidates when hiring. In this case it would be either the two owners and if we hire an office manager to help manage the business operations when we are away. Wild Wiley’s needs proof of their reason of not hiring the individual incase there would be someone of this sort that came up. If interviewing someone you must ask the same questions to ensure you are being fair to everyone that is being screened for employment, because you will be questioned why you asked this individual this question but did not ask the other individual. There are things that can be done to make sure you are being an equal opportunity employer and that is if you are asking a question in the interview because you are curious then you are discriminating and should not ask that question. You cannot ask anyone about their family, age, sex, race, pregnancy, religion etc. All questions must be job related. Outside of the hiring process these all still apply in order to make sure you are not discriminating against any of these protected classes.
References
- Corporation, D. (2010). What is Employment Discrimination? Retrieved from Ohio Civil Rights Commission: https://crc.ohio.gov/FilingaCharge/EmploymentDiscrimination.aspx
- Trans Know Your Rights. (2018). Retrieved from Equality Ohio: https://www.equalityohio.org/legal-clinic/trans-know-your-rights/#1534344607405-600c8a65-614f
- Twomey, J. G. (2017). Anderson's Business Law and Legal Environment 23rd Edition. Boston: Cengage.
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Discrimination: Analysis Of Scenarios In Employment.
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