General Physical Condition As An Occupational Qualification Case Studies Example
Milo Walker can opt to call back Julianna Morris and explain to her the situation more candidly. It might be that the job in question is one that needs someone that blends in with more of the popular teenage part of the population in terms of the religion, and this is no way discriminatory. The manager can then offer Julianna another job at the company that would utilise the same skills she wanted to display for the job in which the manager turned her down. Milo should handle the situation in a way that does not suggest he is trying to influence her into an out-of-court settlement but that it is strictly business and not personal.
Milo should also go through the EEOC standards and practices through the web site and familiarise himself with them. After that, he can then call the EEOC offices to set up a mediation in order to resolve the situation. This would involve having an attorney or someone to represent him in the event that the case advances to court.
1. The case will be resolved.
2. The case will make the company review its laws especially the interview form to ensure that nothing in it implies discrimination of any kind.
1. Julianna might refuse to put in consideration Milo Walker’s explanation and instead go on with the lawsuit.
2. Mediation generates a lot of publicity that might hurt the company’s market. #
3. Mediation is time-consuming.
Milo Walker turning down Juliana Morris for the job draws the justification in that fact that perhaps the company mainly derives that part of their business by mainly appealing to the popular teenage part of the population (Wilcox, Dale and Beverly 3). In the interview form, there is a section marked ‘popular teenage look ‘which Milo marked after finding out that Juliana Morris was a Muslim. The action does not in any way indicate discrimination by the organisation. Julianna needs to get this explanation straight from Milo Walker himself to express his sincerity.
Another justification would also be that the ‘popular teenage look’ is not well defined as to what part of the population falls under that cadre. Also, if such a definition exists, then Milo Walker must be not aware of it owing to its vagueness. EEOCs website might prove valuable to Milo in such a case as an educative tool. It would make him aware that not all employers are covered by the laws of the organisation. The laws sometimes vary depending on the type of employer, the number of employees it has and the type of discrimination alleged (U.S. Government 1).
Milo should be able to review the laws to ascertain that the incident of him turning down Julianna was a pure act of following the organisation directives and not an indiscriminating act. Additionally, the vagueness of the rule warrants the company to revise it and avoid anything that implies discrimination, unfairness or injustice to avert another lawsuit in future (United States Department of Labor 1). In the revision, it would be clear that any employee turned down id strictly based on something else other than the race, gender, colour, tribe, ethnicity or any political affiliation.
A mediation would help both parties explain their sides of the quarrel and help resolve the dispute. It would also be educative in that it will force the manager to learn the EEOC laws and revise the interview to be in line with EEOC practices (U.S. Government 1).
U.S. Government. U.S. Equal Employment Opportunity Commission: The EEOC and Religious Discrimination, 2015. Web. 03 Mar. 2015.
United States Department of Labor. Occupational Safety & Health Administration, 2015. Web. 03 Mar. 2015.
Wilcox, Kirby C., Dale L. Brodsky, and J. D. Beverly Tucker. "Administrative Enforcement of Equal Employment Opportunity Laws." California Employment Law, 3, 2014.
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