ETH 321 week 3

Employment Classification and Discrimination

A representative is employed by Healing Hands Massage to be a back-rub specialist. This representative is enlisted as a self-employed entity and, in this way, gets no duty withholding or business benefits. The Company requires the worker to work a set calendar, gives her customers and all her back-rub items, and activities finish control over how she does her function. Furthermore, when the worker appears to work the primary day, she is educated by her boss she can't wear her hijab as it damages the organization's dress arrangement.

Individuals who perform administrations for an organization can be ordered into two classes: representatives or self-employed entities. “Common-law rules state that anyone who performs services for a company who controls what work is to be performed and how it is to be performed is classified as an employee (Internal Revenue Service, 2017)”. “An independent contractor is a person who performs work for a company, or the public, but remain free to perform the work without restrictions from the employer (Internal Revenue Service, 2017)”.

Utilizing the definitions from the IRS, we can order the worker at Healing Hands Massage as a customary law representative. Kahlan falls under the class of precedent-based law representative since her boss keeps up control of the work performed. Healing Hands massage rub requires Kahlan to work a set timetable, gives her customers and back rub supplies, and activities finish control over how she finishes her daily takes.

While numerous businesses misclassify their workers by botch, there are additionally a few thought processes that would make a business deliberately misclassify a representative. As a self-employed entity, Kahlan gets no work benefits, which spares the business a lot of cash. By employing Kahlan as a self-employed entity, Healing hands Massage is likewise absolved from paying Social Security charges, Medicare assessments, and joblessness protection. “By misclassifying an employee as an independent contractor, a company can save anywhere from 20 to 40 percent of labor costs (Department for Professional Employees, 2016)”.

Employment Discrimination

“Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion (Bowens, 2014)”. Healing hands Massage has completely violated Title VII by making Kahlan remove her hijab as a requirement of employment.

“Title VII of the Civil Rights Act of 1964 states an employer must accommodate employees’ sincere religious beliefs and practices unless doing so would create undue hardship for the employer (Borstorff, 2011)”. Since enabling Kahlan to wear her hijab would not meddle with her capacity to play out her activity, Healing Hands Massage can't legitimately expect her to expel it as a term of business.

Ethical Considerations

Having a strict clothing regulation has a few moral ramifications for bosses. There are not very many conditions in which wearing religious clothing, for example, the hijab, would constitute undue hardship – in this manner most managers are required to oblige such demands. Since a back rub advisor does not work in an unsafe situation and the hijab does not represent a risk to worker or customer security, Healing Hands Massage is required to enable Kahlan to wear her hijab at work. Notwithstanding potential segregation, an inflexible clothing standard can be viewed as exploitative claiming it doesn't permit a worker the flexibility to express their own, good, or religious convictions. For a case outside of religion, it is exploitative to require a veggie lover representative to wear cowhide security gear because of their own and moral convictions.

Conclusion

Healing Hands Massage has misclassified Kahlan as a self-employed entity when she is extremely a custom-based law representative. Although doing as such has likely spared Healing Hands Massage cash, it is exploitative in light of the fact that it very well may be viewed as a type of tax avoidance, and it hurts Kahlan by barring her from work benefits, for example, medical coverage or paid time off. Moreover, Healing Hands Massage has additionally damaged Title VII of the Civil Rights Act of 1964 by declining to make a sensible settlement to enable Kahlan to wear her hijab at work.

References Borstorff, P. (2011). Protecing Religion in the Workplace? What Employees Think. Journal of Legal, Ethical and Regulatory Issues, 14(1), pp. 59-70. Retrieved from https://search.proquest.com/docview/886552633?accountid=35812 Bowens, J. (2014, December). Accomodation of Religion in the Workplace. New Jersey Lawyer, 72-74. Retrieved from http://www.njemploymentblawg.com/wp-content/uploads/2015/01/Bowens-01470301.pdf Internal Revenue Service. (2017, July). Independent Contractor Defined. Retrieved from IRS: https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined