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
