Statute and Case Law Relationship Paper

Essay by HYPERSDTUniversity, Bachelor'sA+, March 2007

download word file, 1 pages 3.0

In California, employees are covered by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 and the California Fear Employment and Housing Act. The Fair Employment and Housing Act prohibit discrimination on the basis of National Origin which is one of the twelve categories described by law. As an example, when an applicant applies for employment opportunities within an organization, the Recruiter representing the employer can not ask the applicant where he or she is from or where they were born. The employer is obligated to treat everyone equally by evaluating each person on the basis of individual skills, knowledge and abilities. This applies to all internal and external applicants.

As interesting as it may seem, some employers continue fail and discriminate on the basis of National Origin. Another example is an article released by The Equal Employment Opportunity Commission who released a law suit settlement of $2.44

million against the University of Incarnate, a private university located in San Antonio, Texas for discriminating against Hispanic housekeepers by imposing an unlawful English only rule and harassing them based on their national origin.

Under the website address the article reads "The Commission alleged that the employer discriminated against Hispanic housekeepers by imposing an unlawful English-only rule and harassing them based on their national origin over a ten-year period. The suit alleged that the Director of Housekeeping prohibited the housekeepers from speaking Spanish at all times while in workplace, including lunch and breaks. Some workers had difficulty complying with the rule because they spoke little English or unconsciously lapsed into speaking Spanish when conversing with other native Spanish speakers. Nevertheless, employees who failed to comply with the English-only policy were subjected to verbal and physical abuse, including ethnic slurs. In April 2001, the...