Introduction
The specific issues faced y Maalick is discrimination in regard to his religion. Before he is given a leave to attend to his religious demands, he is questioned and made fun of because of his religious beliefs by his colleagues. This is challenging to Maalick because freedom of religion has been well established in many business organizations including Treton Communications, Inc. According to US Equal Employment Opportunity Commission, (2018), Freedom of religion has been recognized as a fundamental human right on an international level even though in some organizations, the level at which this right should be enjoyed is still a subject of debate. The EEOC (Equal Employment Opportunity Commission) details that religious beliefs include theistic beliefs like having beliefs in God and non-theistic beliefs which may include moral and ethical beliefs on issues that educate if an incident is right or wrong. According to Lucy, (2015), religious beliefs have over the years been sincerely held with the reinforcement from the traditional religious beliefs. No one has the right to question whether a particular practice is religious or not and according to this case, Treton employees had no right to keep questioning Maalick on his religious beliefs. This is because religion encompasses ultimate ideas about what life is its purpose and death. In addition, everyone has a right to change their religion at any time they desire and no one has a right to question their change of mind. Maalick also had a right to adhere to the tenets of his religion and these tenets may not be believed by others, this does not mean that they have a right to ridicule what he believes in. EEOC title VII was established to protect people like Maalick against religious discrimination because he was treated differently as he believed in a doctrine that was different from that which was practiced by other employees and had a strong connection with the internationalist which other people in the city did not agree with its practices.The act of being mocked, not being talked to after changing his name, the strange looks he encountered, the giggles and finding his office decorated with dolls and other ritualistic material which was associated with witchcraft was immensely wrong and is prohibited by Title VII. According to The U.S Equal Employment Based on Religion, (2017), Title VII prohibits all agencies from discriminating their employees. Instead, agencies are required to accommodate all employees equally even if they hold unfamiliar religious beliefs, practice various rituals and observations that conflict with their own unless that accommodation will bring hardships in the company and inconvenience normal functioning. Another challenge that Maalick was facing was his denial of promotion, most likely because of his religious affiliations, even though he was well qualified and determined to become better and ensure his professional growth. Maalick's record was clean because they reflected an impressive performance. Instead of giving him the available position, Jerkins gave it to Charles Bartlett who goes to Jerkin's church. Another issue is racial discrimination whereby the dolls and other witchcraft affiliated material planted in his office were associated with the African culture including the African image. In addition, during the one-holiday party, Jenkins joked about Maalick's religion and race.
Elements of law that are important for Treton to consider are provided by the EEOC where employees are discouraged to discriminate others because they have different religious beliefs. This law protects believers who belong to traditions, organized religions which may include Christianity, Islam and Judaism, and others who hold on to their unfamiliar religious, ethical and other beliefs. EEOC prohibits employees and employers to treat others unfairly especially during employment, firing, assigning promotions, training, offering benefits and layoffs (US Equal Employment Opportunity Commission, 2018). EEOC also prohibits religious discrimination and terms it illegal and could be lawfully punished. Harassment in this aspect may include actions like giving offensive remarks like the way Jerkins did to Maalick in regard to his religious beliefs and denying him a promotion which can be referred to as an isolated incident. The frequent and intensive harassments which he was exposed to created a hostile and offensive work environment which could have immensely discouraged his efforts. The law (title VII) encourages employers to accommodate all employees without discriminating them on the basis of their religious beliefs and practices unless the practice a religion will have negative impacts on the profits and working environment of the organization (Lucy, 2015). The employer is largely required to adjust accordingly so as to create a working environment that is productive. For example, the employer can create favorable working conditions, flexible working hours, provide a chance for voluntary shifts, being able to reassign shifts and assignments and modifying policies and regulations so that all the employees are comfortable to give their services without strain.
The actions of Marta ford were not vibrant enough to stop the harassment and discrimination that Maalick was facing at Treton. This is because, even after calling a meeting with the departmental heads and encouraging Maalick to apply for positions in the organization because he was well qualified, Jerkins still had an opportunity, not only to ridicule him on his religious beliefs but also on the base of Maalick's race. Furthermore, there is no information telling the audience if there were any actions taken after Maalick was denied promotion even though he was well qualified. To evaluate Ford's decisions, this paper will consider the Title VII of the civil rights Act which was established in 1964. In this article, all organizations should be able to accommodate their employees' religious ethical and moral beliefs and practices (Ghumman, Ryan, Barclay, & Markel, 2013). Things can only be different if the organization is under any form of the threat when exposed to these rituals and practiced. All the rules and regulations in Treton need to be adjusted so that there is a reasonable religious accommodation that allows workers to practice their religion without prejudice. By reminding them of the company's policies and rules was not only enough (Vickers, 2016). Ford needs to modify all workplace practices, the available policies, and procedures so that they are flexible enough. Without asking many questions after asking Maalick to prove where he was going, Jerkins was supposed to reassign or even give flexible scheduling to enable Maalick to accomplish his religious aspirations. Employment, Equality Directive advice all its members to ensure that their business organizations protect their members against discrimination based on their religious affiliations. No employee should be discriminated in terms of employment, their occupation and even when they are being trained. This means that there is the protection of inclusion of religion and beliefs according to the European Union Law.
To ensure that a similar incident does not occur, first and foremost, Ford will need to conduct an audit so as to study the organization's practices on the aspect of religion (Jackson, 2012). Ford may also need to conduct an extensive and objective review of each employee and appraisals to ensure that each and every one of them is complying with the organization's policies, rules, and regulations. The reviews and appraisals may also give information which might help the organization to ensure that they largely embrace diversity and accommodate it in the working places. He will not only to give warnings, policies, and regulations; rather, he will need to train the entire team so that they can learn the freedoms of other people. This is because they might have never known that what they did was wrong (The U.S Equal Employment Based on Religion, 2017). This kind of training may create awareness of what religion is because there are different shades of religious opinions and thus proper account has to be taken of any worker's freedom of religion.
The HR can also provide resources which employees can read or use to promote accommodations and prevent employees from retaliating against each other especially to those who are denied religious accommodations. Even after training, the HR will need to enhance awareness through consistent communication by educating them on various issues in regard to religious accommodations. For instance, the HR can start by communicating the ECtHR which advised that the state has no power to access the legitimacy of the religion of an employee and encourages tolerance. By the organization allowing Maalick to determine his own religious identity is equal to giving protection to this individual so that one can practice his religion with freedom. Secondly, the team also needs to learn about human rights enforcements like labor inspectorates, the Ombudsmen, and human rights commissions and offices. So as to ensure that such incidents don't take place again in Tetron Company, the administration may introduce compensations for the victims by those who have hurt them, reinstatement and even the offenders to be fined. All employees of this organization should understand that they have a duty to accommodate all the workers irrespective of where they came from, their religious color, sex or even their religious affiliations. The staffs of this organization also need to be protected from religious prejudice by embracing a high level of accommodation where all employees have been encouraged to accept that they are different in many ways and thus must accommodate each other's differences. Article 9 ECHR has always protected the religious practice of individuals and thus high levels of accommodation on religious matters in organizations are required. In Thimmenos v. Greece in ECtHR, it will be wrong if people in the same situation are treated differently (Sidoti, 2012). This then entails that if an organization fails to accommodate various differences in workers is easier for the organization does discriminate. By the organization failing to accommodate different practices from one of their own showed a failure to accommodate Maalick's difference and thus direct discrimination.
An individual's religion is highly associated with ethnicity, just like, in this case, were Maalick's religious identity is highly associated with his African American race in most cases, ethnicity is defined to include an individual's religious identity and religious groups may arise from one major racial group. Also, in most cases, religious affiliations encompass cultural practices and rituals which are highly linked to a particular ethnic group. When Treton calls for respect for religious freedom and religious equality, it is in other words also upholding minority rights. Other Maalick's colleagues have no right to demand Maalick from behaving in a certain manner because he is different. They are not supposed to impose their values on Maalick's religious beliefs so that he can change because this will mean the imposition of the group and will undermine the autonomy and dignity of the minority group. This will grow into failure because the company will have failed to treat its members of the minority group as moral equals of the majority. This then brings in the fact that religious freedom is a vital aspect of plurali...
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Paper on Religious Discrimination and Racial Harassment: Whatever Happened to Marshawn Demur. (2022, Apr 07). Retrieved from https://proessays.net/essays/paper-on-religious-discrimination-and-racial-harassment-whatever-happened-to-marshawn-demur
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