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Week 4: Equal Employment Opportunity

Thinking About Diversity and Inclusion
Discussion Questions
Week 4
Frederick R. Paige III












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The Equal Employment Opportunity Commission (EEOC) is a government
organization responsible for enforcing federal labor laws that would discriminate against
potential job applicants or employers because of race, religion, color, sex, and age. Other
responsibilities include pregnancy, national origin, disability and other generic information
that an employer could use to discriminate against an individual. These federal laws apply
to all aspects of the work situation including hiring, firing, promotions, harassment,
training, wages and benefits.
On April 14, 2013 the EEOC filed a lawsuit on behalf an employee who was fired for
religious reasons. Bo-Cherry, Inc. a North Carolina corporation that operates the
restaurant Bo Jangles is located in Charlotte, North Carolina. According to EEOC the
restaurant violated federal law when it failed to accommodate this employees religious
beliefs then fired him because of his religion shortly after. The complaint states that former
employee Devin Charles has been a practicing Muslim for the last 14 years. As a male in the
Muslim faith and member of his sect of the Sunni branch of Islamic faith, Charles is
required to grown and maintain a beard and is not allowed to trim of cut it unless it
exceeds the length of his fist. This is known as fist length.
Charles interviewed for a position as food prep and got hired, still having his beard.
The manager at that store location informed him that he might need to cut his beard, but
Charles responded and informed the manager of his Muslim faith and he could not cut his
beard. Charles suggested an accommodation of a food net, which is typically worn on the
head to protect hair from failing into food. The same concept would be applied for Charles
beard, but was denied by management and even a district supervisor. Charles was then
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told to leave the restaurant and not to come back unless he shaved his beard. Because of
Charles religious reasons, he refused to shave his beard and was fired.
Regional attorney for the Charlotte District Office, Lynette A. Banes stated. Under
federal law, employers have an obligation to attempt a fair balance between an employees
right to practice his or her religion and the operation of their business. It was made clear
by Charles that he could not shave off his beard for religious reasons and he even suggested
a reasonable accommodation to keep his employment. Management failed to compromise
or even suggests another reasonable accommodation, the consequently fired Charles. This
unfair practice by Bo-Cherry Incorporated received attention from EEOC representatives
and subsequently led to a lawsuit filed on Charles behalf.
One of the principals that the United States was founded under was freedom of
religion. This is one reason that so may different religious groups and affiliations came to
America during its early years. Religion is a strong topic and mixing religion and work are
sometimes difficult for employers and employees. Finding an appropriate balance for both
is paramount for success, legally and morally. Harvey and Allard (2009) state. Unlike
other management trends, religion is a personal issue at the core of most peoples values.
The inappropriate application of religious principles can have potentially dangerous
consequences.
September 11, 2011 brought on lots of bias and misconceptions about Muslims and
their practices therefore when cases like this one are highlighted in the news, it brings a lot
of attention. Misconceptions include thinking all Muslims are terrorists, all Muslims are
Arabs, Muslim women and children have no rights. It is important for employers to be
knowledgeable about religion in the workplace and have appropriate responses to conflicts
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that arise. Schaeffer (2011) states. The attack of September 11, 2011, engineered by Arab
Muslim terrorists, caused many Americans to associate Arab and Muslim Americans with
Americas enemy in the war against terrorism. As the economy softened and taxpayers
paid for increased security, Arab and Muslim Americans became scapegoats. Scrutiny of
Muslim Americans was on the rise with vandalism to mosques, attacks on Arab-speaking
individuals and illegal hiring practices.
It should not take the EEOC to make corrections to illegal practices but it is a
government agency that ensures that fair, appropriate and legal business practices are
followed. This lawsuit brings about social change due to the fact that it deals with religion
and even more specific, Muslim religious beliefs. I believe that misconceptions are big
reason that so many people are intolerant of other people and their religion to include
religious beliefs. In the case of Devin Charles, he was unfairly fired because of his religious
beliefs and was not given a fair chance by his employer. The lawsuit brought on by the
EEOC will make change possible to have employers think about their business practices
and discrimination roles.
Employers and business owners need to be cognizant of laws and procedures that
govern discrimination practices in the workplace. Age, sexual orientation, race, religion,
religious practices, and disability are among the biggest and most controversial issues that
the EEOC deals with on a regular basis. Most companies have a code of conduct or other
documents that govern what the business model is. In some cases, businesses use their
own resources to handle employee claims of discrimination.
If I were a business owner or employer I would have a code of conduct or code of
ethics for hiring, firing and discriminatory practices. All individuals deserve to work in an
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environment where they re treated with dignity and respect. Making my company a
credible company brings out the full potential in its employees and contributes to a
companys success. I would build trust, credibility and fairness amongst the employees to
build an inclusive work environment. Creating a culture of open communication is also
vital to success and avoiding avoidable discriminatory practices.


















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References
Harvey, C. P., & Allard, M. J. (2009). Understanding and managing diversity (4
th
ed.). Upper
Saddle River, NJ: Pearson.
Schaefer, R. T. (2011). Racial and ethnic groups (12
th
ed.). Upper Saddle River, JL: Pearson
http://www.eeoc.gov/eeoc/newsroom/release/4-4-13.cfm