Employment Law for Business Essay

In this case, both Lee and Larry have a claim for discrimination under federal law. Lee is an Asian male, while Larry is a White male. Both of them want to apply for the vacant positions. However, neither Lee nor Larry is hired by the employer. The company’s history of only hiring Hispanics is unconstitutional. Although Lopez, Inc. is a Hispanic-owned company, the employer should follow the U.S. Constitution, while making hiring decisions. It is an unlawful employment practice for Lopez to refuse to hire any individual because of his/her national origin, race, color, etc. In this case, Lopez’s decision can be explained as the act of race discrimination against Asians and Whites with respect to their privileges of employment. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. In our case, Lopez’ s employment practice, which is aimed at hiring only Hispanics can be viewed as an intentional violation of Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission, Official Website, 2015). According to the Civil Rights Act of 1991, it is necessary to provide for the recovery of punitive damages in case of intentional violations of Title VII. This fact means that the case, in which Lee and Larry’s claims allege discrimination on grounds prohibited by the federal law, namely on grounds of race, color or national origin, should be brought to court. In addition, Lopez’s employment decision regarding hiring only Hispanics for the positions of sales person and computer programmer for a project cannot be based on certain protected class characteristics, defined as bona fide occupation qualification. In fact, an individual of any race, color or national origin can perform the functions of a sales person or computer programmer, if properly prepared. This fact means that race, color and national origin cannot be viewed as “bona fide occupation qualifications reasonably necessary to the normal operation of the particular business or enterprise” (qtd in Walsh, 2012, p. 201). Thus, both Lee and Larry have a claim for discrimination under federal law.

 

References

U.S. Equal Employment Opportunity Commission, Official Website. (2015). Title VII of the Civil Rights Act of 1964. Retrieved from:<http://www.eeoc.gov/laws/statutes/titlevii.cfm>

Walsh, D. (2012). Employment Law for Human Resource Practice. Cengage Learning.

 

The terms offer and acceptance. (2016, May 17). Retrieved from

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016.

[Accessed: March 29, 2024]

freeessays.club (2016) The terms offer and acceptance [Online].
Available at:

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]
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