Religious Discrimination and Racial Harassment

Kip A. Magee

Great Basin College

Abstract

In my argument I will take a stands on the inequality that Maalick has been going through and how the systemic discrimination in the employment was the negligence of the management team. I will analyze present pattern of discrimination at the work place Treton Corporation were employee MarShawn DeMur, a.k.a Maalick, experience cruel treatment by co-workers. In my examples I question was the procedural duties of Human Resource Department to late in the harassment case that MarShawn DeMur experienced, (1) because the discrimination treatment was brought up to the attention of management. Under the Equal Employment Opportunity, Title VII of the Civil Rights Act it is classified as a violation of Maalick’s rights. The case examine “(1) fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex or national origin.” (Noe, Hollenbeck, Gerhart, Wright). I analyze Maalick accommodation of his religious status because of back lash of management own religious belief. Maalick’s status is morally right and should have the benefit of prosperity in the workplace.  Maalick has been socially outcast in the environment of Treton Corporation and has been over look for new position where we can acclaim because of his new religious status.

Religious Discrimination and Racial Harassment

In analyzing Maalick’s story of religious discrimination and racial harassment claims, he has been through a lot and endure torment at Treton Corporation. With the subject of management ‘Jenkins’s’ being non-affective in helping Maalick during his time of need. It was Jenkins that recruit MarShawn a.k.a Maalick who is a native of Africa and promises to mentor. Understanding that Maalick has found a new religion Jenkins was uneasy with this decision. Jenkins words about MarShawn new religion was “You know I am a religious person, but what you describe sounds quite strange, I need some information on this so-called religion before I can make a decision to give you a week off. We are quite busy, you know.” (Gwendolyn M. Combs). All religion group is made up of diversity and should be respected in my opinion under Title VII of the Civil Rights Act of 1964, religion is one of the requirement that should be observed and somedays representation of holly-days. Maalick request for one week off to be confirmation at the Church of International Spirituality is to be a intensive spiritual preparation. His immediate management team reluctantly gave DeMur MarShawn the days off. “His fellow employee taunt his character saying that his new religion was voodoo and [he’s] partake in witchcraft and sorcery.”(Gwendolyn M. Combs).

DeMur accepted the remarks and counter with more information to his employer about the international religious group. Which they practice “strict diet, keep appearance, method of worship and other conducts.” (Gwendolyn M. Combs).. Upon DeMur MarShawn’s return he has announced that he accepted a new name ‘Maalick’ replacing his old Sir name. Maalick request of Human Resource Department ‘Marta Ford’ submitted his paper work for name change and address that he shouldn’t have any problems for HR and his employees. Jenkin’s didn’t take to well of Maalick’s new transition, and became very condensate of his employee. Point of reference in business case “‘Accommodating Religion, Belief and Spirituality in the Workplace,’ Religion has become a significant workplace issue as the United States has become more diverse. Some employees may need ongoing accommodations to practice daily religious activities in their workplace, whereas other employees may require occasional modifications.”(SHRM). In the case of Maalick return his co-worker just barely acknowledge his greeting and laughed behind his back. Upon entering into his office “Maalick, found it decorated with dolls with pins sticking out of various body parts, with hats and containers of incense.” (Gwendolyn M. Combs).

Surely this is an attack on his new found religion, but his action was to notify his manager Jenkins. Jenkins blew it off and laughed saying, “I must say you have some admirers. As an American with African roots, you should have expected some lighthearted ribbing about your conversion to that strange religion of yours.” (Gwendolyn M. Combs). This is a biases act upon the management team and should be noted as such because his action did not go any farther than that.  Maalick response to these action is that he did not expect this type of treatment. The social harassment didn’t stop here, there was letter referring to, “black magic, black cat, and palm reading, and notices of the disappearance of MarShawn DeMur.” (Gwendolyn M. Combs).

“In the industrialized world, workplace discrimination against Muslims worsened after 11 September 2001. Situations range from harassment of offensive comments concerning religious beliefs or practices to the refusal by employers to accommodate the needs of a person arising from his or her religion that may conflict with a requirement, qualification or practice.”

(P. Sappal).

The management must remember that Treton Communication is an Equal Employment Opportunity company and that discrimination is more damaging to the company, because Maalick is protected under the law of EEOC. “Treton policies of the company prohibit discrimination against an applicant or employee on the basis of race, color, religion, sex / gender (including pregnancy), National origin, age, disability, marital status or veteran status. The company will conform to the spirit as well as the letter of all applicable laws and regulation.” (Gwendolyn M, Combs).

The action that left Maalick disturbed was again take up with HR Department and Mrs. Ford. She quickly called a meeting of management team and the board to address the issue. For Maalick it was some assurance that action was being taken. Some months went by and a position open up that Maalick felt he qualified for. Maalick had follow up with Ford office and all was well in the company. Two new system manager position open and Maalick enquired about them HR Department Ford who encouraged him to apply. Maalick even brought it up with Jenkins about the job qualification and duties. “Jenkins said only one position is open and the second position will be fill in six months.” (Gwendolyn M. Combs). Maalick interviewed with Jenkins and the position was given to an associate of Jenkins, a Charles Bartlett. Maalick discover that Barlett was a member of Jenkins church. He recalled at the holiday social event that Jenkins joked about Maalick’s religion. Maalick filed formal complaint with Ford, alleging religious discrimination and racial harassment. I feel that Clive Jenkin’s action was unprofessional which cause his biases action and behavior. He held a personal vicious act toward Maalick and he would have not given him the systems management promotion at all. Marta Ford did right by calling Equal Employment Opportunity Commission which prescribed Judith Dixon who can make restitution of the situation at Treton Communication. Treton will uphold the law of Equal Employment Opportunity Commission.

Judith Dixon can perceive judgement against the act taken in the declining behave of Maalick. And reward him the Prima facie case were “Individual is member of a protected group, was qualified for the job, and was turned down for the job, and the job remained open.” (Noe, Hollenbeck, Gerhart, Wright). In this case Jenkins hired his congregation member. The “discrimination based on social origin arises when an individual is denied a job or certain economic activities or only assigned particular jobs because of the class or socio-occupational category or caste to which she or he belongs.” (121 Equality at work: Tackling the Challenges). Maalick harassment will be brought in front of Judith Dixon and I’m pretty sure under Title VII of the Civil Rights Act of 1991 that Jenkins led Maalick without any guidance and discriminate about his religion and played the racial harassment action.

References

Noe, R., Hollenbeck, J., Gerhart, B., Wright, P., (2017). “Human Resource Management, Gaining a Competitive Advantage.” McGraw Hill Ed., New York, NY.

Equality at work: Tackling The Challenges. (2007) International Labour Office. GBCNV-e-books on 2017-10-17

Gwendolyn M. Combs, PH. D. “Religious Discrimination and Racial Harassment: What Ever Happened to MarShawn DeMur?” Employment Law Student workbook. Society for Human Resource Management