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Chapter 7 Opening Scenarios

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Chapter 7 Opening Scenarios

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sq7djzm8vz
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Tee’Ona Parker

Chapter 7- “National Origin Discrimination”


Opening Scenarios / End of Chapter Questions
Due- October 03, 2024

Opening Scenarios
Scenario One
Carla, a partner at a law firm, recently hired a new assistant, Vladimir, who
recently moved to the United States from Russia to marry his college sweetheart.
Vladimir is an expert at filing and managing the firm’s case management software.
However, Carla has received feedback from clients that they have trouble understanding
Vladimir when they speak to him on the telephone. Interacting with clients on the phone
for a variety of reasons is regular part of every assistant’s job; for instance, they need to
schedule meetings and to inform clients of court dates. Carla is concerned that, if she
continues to assign Vladimir duties similar to other assistants, her clients will be
dissatisfied; some might even leave the firm. However, she is unsure about the firm’s
liability if she reduces Vladimir’s responsibilities due to his foreign accent.
Carla's situation with Vladimir is complex and requires careful consideration of client
satisfaction and legal compliance. Under U.S. federal law, discrimination based on
national origin, including accent, is prohibited. However, if an accent significantly
impacts job performance, an employer may have grounds to act. Carla should document
the impact of Vladimir's accent on job performance and client interactions, including
specific examples. Offering accent reduction training or other professional development
opportunities can help improve his communication skills and demonstrate the firm's
commitment to supporting employees. If the communication issue persists, Carla might
consider reassigning some duties to other staff members, leveraging his strengths in
case management and filing. Client communication is crucial, and Carla should
proactively communicate with clients about the steps being taken to address their
concerns. Balancing these considerations can help Carla navigate this situation
effectively while minimizing legal risks and maintaining a positive work environment.
Steps to take include:
1. Assess and document specific instances where Vladimir's accent has caused
communication issues with clients. This will help in making informed decisions.
2. Provide training by offering accent reduction training or communication skills
workshops. This shows a commitment to professional development.
3. Regularly provide feedback and support to Vladimir, which can boost his confidence
and effectiveness in client interactions.
4. Reassign duties to other team members, leveraging his strengths in case
management and filing.
5. Inform clients about the steps being taken to address their concerns, maintaining trust
and satisfaction. Consulting with an employment lawyer can provide guidance without
violating employment laws.
Scenario Two
Olivero, a Mexican American high school student in California, was employed on a
part-time basis at a local coffee shop. Several of his coworkers taunted him with ethnic slurs
and asked him why “his people” thought they could come steal American jobs. Olivero did
not respond to their taunts, but he did mention the comments to his manager. The manager
dismissed his concerns, telling Olivero, “If you don’t like it here, then you should just go
back to where you came from.” Olivero felt humiliated and angry. Soon after this exchange,
Olivero was terminated for accidentally throwing away the manager’s soda bottle. Olivero
suspects that his ethnic background was the reason he was fired.
Olivero faced a challenging and unfair situation, where he was subjected to ethnic slurs and
dismissed by his manager. This situation is potentially illegal under federal law, specifically
Title VII of the Civil Rights Act of 1964. To address this,
1. Olivero should document all incidents of harassment and discrimination,
2. seek legal advice from an employment lawyer, file a complaint with the Equal
Employment Opportunity Commission or the California Department of Fair Employment and
Housing,
3. seek emotional support from friends, family, or a counselor.
It is crucial that Olivero knows he is not alone in this situation and that there are resources
available to help him.
End Of Chapter Questions

1.)Which, if any of the following scenarios would support an employee’s claim of


discrimination on the basis of national origin?
a. Applicant with a speech impediment is unable to pronounce the letter “r.” the
applicant therefore often has difficulty being understood when speaking and is denied a
position.
b. The owner of a manufacturing facility completely by Mexicans refuses
employment to a white American manager because the owner is concerned that the
Mexicans will only consent to supervision by and receive direction from another Mexican.
c. An Indian restaurant seeks to fill a server position. The advertisement
requests applications from qualified individuals of Indian descent to add the authenticity
of the restaurant. In the past, the restaurant found that its business declined when it
used Caucasian servers because the atmosphere of the restaurant suffered. An Italian
applies for the position and is denied employment.
d. A company advertises for Japanese-trained managers because the employer
has found that they are more likely to remain at the company for an extended time, to
be loyal and devoted to the firm, and to react well to direction and criticism. An
American applies for the position and is denied employment in favor of an equally
qualified Japanese-trained applicant, who happens to be Japanese.
The text discusses various scenarios that could potentially support a claim of
discrimination based on national origin.
The first scenario, involving a speech impediment, is more related to a disability
and doesn't support a claim of discrimination based on national origin.
The second scenario, Mexican supervision, involves refusing employment to a
white American manager due to the belief that Mexican employees will only accept
supervision from another Mexican.
The third scenario, Indian restaurant, involves hiring servers of Indian descent to
maintain authenticity, while denying employment to an Italian applicant based on their
non-Indian descent could support a claim of discrimination based on national origin.
The fourth scenario, Japanese-trained managers, favors Japanese-trained
individuals due to perceived qualities, but if the preference is inherently tied to being
Japanese, it could support a claim of discrimination based on national origin.
2.) Mateo Silva, an American citizen of Puerto Rican dissent, alleged that his
employer, Service Caster Corp, subjected him to a hostile work environment and to
disparate treatment because of his national origin. His supervisor repeatedly made
offensive and unwelcome derogatory remarks about persons of Puerto Rican national
origin. The supervisor referred to Silva and other Puerto Rican employees as “filthy, drug
addicted, welfare recipients” who are “lazy” and “devalue” the community where they
reside. When Hurricane Maria devastated the island, the supervisor told Silva that Puerto
Ricans “deserved to experience devastating effects of hurricanes.” After Silva
complained about the supervisor’s remarks, he faced threats, harassment, denial of
overtime, reduced work hours, and pay reduction and was coerced to sign a document
written in English that he did not understand. If Silva is an American Citizen and was
born in the United States, can he still make a claim of discrimination on the basis of
national origin? On another issue, was the employer required to provide documents in
Spanish, Silva’s first language, for him to sign? [ adapted from EEOC v. Service Caster
Corporation, Civil Action No. 5:19-cv-04525-JLS).]
Title VII of the Civil Rights Act of 1964 protects against national origin
discrimination, hostile work environments, and retaliation against employees for
opposing discriminatory practices or participating in employment discrimination
proceedings. In Mateo Silva's case, he experienced derogatory remarks and disparate
treatment due to his Puerto Rican descent. A hostile work environment is when an
employee experiences severe or pervasive harassment, such as repeated offensive
remarks and threats. Retaliation against an employee for opposing discriminatory
practices or participating in an employment discrimination proceeding is also prohibited
under Title VII. Language and understanding of documents are also required under Title
VII. While employers are not required to provide documents in an employee's first
language, they must ensure employees understand them, especially if they affect their
employment rights. In the EEOC case against Service Caster Corporation, the company
agreed to pay $85,000 to settle the lawsuit and implement equitable relief measures,
including designating an EEO officer, providing training on Title VII, and ensuring anti-
discrimination policies were available in both English and Spanish.

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