review

Running head: ASSIGNMENT 1

ASSIGNMENT 4

Assignment

By

[Name of Student]

Course

Professor

[Name of Institution]

September 24, 2019

Background Information

The purpose of the current case is to provide an understanding of the cases that relate to the different forms of discrimination at work. These discriminations can be in the form of any dimension including race, gender, ethnicity, age or even physical abilities. The current case looks into the kind of organizations that have the rule of speaking in English only. The case highlights some of the Spanish employees working as the housekeepers in the Catholic University. This includes conversing in the highlighted language not only during work hours but also in personal spaces. In any case, if a different language is spoken like Spanish which was the case of the employers, they were reprimanded. Such is the case that these reprimands have not only been limited to the verbal abuse but has also extended to the physical abuse.

Statement of the Problem

The major problem in the given case is discrimination. That is, if the workers who do not have their native language as English, is it fair to force them into speaking a language that they are not comfortable with. This shows ethnic discrimination to the extent that the reprimands would become a physical threat as well to the Spanish employees.

Discussion and Analysis of the Problem

The fact that the Catholic University has the “English only rule” can work in many different ways for the University as well as for the employees working within. While the university will ensure that all the employees and management are engaged in similar language, creating more standardization and allowing for more chances of clearer communication, the story from the employees’ side will be different.

The employees may initially enjoy learning a different language with which they will become bilingual and can help them increase their career prospects. However, forcing them into continuously speaking in English will cause more resistance and compulsion. This resistance can cause huge repercussions for the University such as the workers, may opt to file case against the university in the EEOC – Equal Employment Opportunity Commission (U.S Equal Employment Opportunity Commission, 2019). Such cases may aggravate and can become reputational threat for the employer. Moreover, the element of diversity will end from the University as the employer forces its employees to use only one language, one culture.

This type of discrimination falls in the category for ethnic discrimination. This is mainly because the Spanish workers are forced to use English and not use their primary language- Spanish for conversation. This occurs even when the workers have personal conversation with their peers who understand the same language.

This can be considered as the workplace discrimination case because the employer is forcing is employees to choose one language over the other. Such is the case that the reprimands have become physically threatening for the Spanish workers in the form of both physical and verbal abuse. Hence, this is workplace discrimination and goes against the federal laws in the U.S.

There is a violation of the law provided by the Equal Employment Opportunity Commission (EEOC). According to this commission, the law on harassment on physical, cultural traits or clothing including linguistic characteristics. The tile of this law is Title VII of the Civil Rights Act of 1964. (U.S Equal Employment Opportunity Commission, 2019).

Following the above law, the workers can file a case with the EEOC by first filing a charge with the EEOC. The EEOC will then carry out the investigation on the matter and then issue the right to sue to the filer of charge. Within the 90 days of the right issuance, lawsuit must be filed. If the deadlines are strictly not adhered, then the workers may not be allowed to continue with their lawsuit. The EECO can also provide a list of attorneys to the workers to help them through the entire process. If they wish to have the right to sue before the investigation is complete, they can put the request separately. (U.S Equal Employment Opportunity Commission, 2019).

Recommendations

In order to resolve this case, it is necessary that immediate action must be taken in order to file the case against the Catholic University. This is mainly because the matter has gone out of control when the physical abuse began in order to uphold their internal “English only rule” within the workplace.

The situation needs to be handled with care. The workers must decide if they are fine with the way things are going currently. If not, then the workers may decide to go for the lawsuits. If this happens, then they will have to bear in mind the possible repercussions of the situation. They can even lose their jobs or even an increased abuse from the employer may be expected. There might even be attempts by the employer to stop the workers from filing lawsuits and at this point negotiations might work. However, if the resistance from the employer is in the form of increased discrimination and physical abuse then the workers must go ahead and file a lawsuit.

It is necessary that the workers should group together to file complaints against the employer at the EEOC and request for the attorney who would assist them throughout the entire process. However, evidences must be gathered by the workers to prove their stance. With the help of the local attorney, lawsuit must be filed against the employer to stop ethnic discrimination at the Catholic University.

References

U.S Equal Employment Opportunity Commission. (2019). Employment Discrimination Based on Religion, Ethnicity, or Country of Origin. Retrieved from U.S Equal Employment Opportunity Commission: https://www.eeoc.gov/laws/types/fs-relig_ethnic.cfm

U.S Equal Employment Opportunity Commission. (2019). Filing a Lawsuit. Retrieved from U.S Equal Employment Opportunity Commission: https://www.eeoc.gov/employees/lawsuit.cfm