Employment and Labor Law
Discuss whether there is origin discrimination that could be made by either Tammy/ Joan or the Hispanic wait staff. Use facts and case law to support your position.
National origin discrimination happens due to treating individuals unfavorably because they are from a given country. The law forbids this kind of discrimination, especially when it comes to firing, pay, hiring, work assignments, and fringe benefits. Treating Joan and Tammy, the way the manager did is against the law and origin discrimination that can be made by them. Title VII forbids the discrimination of the workers because of their country of origin. It also prohibits discrimination reasons based upon the places of origin.
There is work harassment that Tammy and Joan faced as they were victimized in the pace of work. Their job shifts were reduced, making them earn less income. Additionally, the other employees were paid more per hour than them because they came from the same origin as the manager. The issue of discrimination of origin similar to the one they faced is evidenced in case 8.4 between equal employment opportunity commission versus WC &M Enterprise, Inc., which supported that the plaintiff was harassed based on his place of origin (Cihon & Castagnera, 2015). The waiters can file a lawsuit against the firm for firing them in the name of the wrong dress code, yet they were being harassed. The discrimination based on country of origin comes in many forms, and the employees have the right to file lawsuits for compensation against discriminative actions. Firms are only supposed to discriminate against the people of certain origin when the firm wants to comply with other laws, and this is contrary to the case of Joan and Tammy. The firm was not following any rules, and the employees had the right to complain about mistreatment. Besides, they followed all the chain of command in reporting their issue, and therefore, they were terminated based on discrimination. (Cihon & Castagnera, 2015)
Reference
Cihon, P. J., & Castagnera, J. O. (2015). Employment and labor law (9 ed.). Boston, USA: Cengage Learning.