Human Resource Dilemmas 1. José Martinez applies for a job with American Heartla

Question

Human Resource Dilemmas

1. José Martinez applies for a job with American Heartland Corporation. Sparky Foster, personnel director, asks Martinez if he is a U.S. citizen. Martinez replies in the negative but then produces a green card signifying his status as a resident alien with working privileges. Foster silences Martinez and then tells him, “At American Heartland, we hire only U.S. citizens.” Martinez is considering suing under Title VII. How would you advise him?

2. The Mexican workers at Bayou Oil Drilling are often referred to as “wetbacks,” subjected to vulgar language about their mothers and wives, and taunted with ethnic jokes and comic pictorials. Their complaints to management go unheeded. They are fearful of losing their jobs if they sue. How would you advise them?

3. Johnny Carlton attended the University of Lebanon while his father was stationed in the military in that country. When Kurt Munson reviews Carlton’s application for employment, he asks Carlton why he chose to attend college there. Carlton explains. When Carlton, who is qualified for the position, is subsequently denied, he reasons that Munson’s inquiry was a determining factor. Carlton initiates a Title VII claim for national origin discrimination. Munson asserts that Carlton does not fall under that protected class. Is Carlton covered?

Explanation / Answer

According to Moran immigration Reform control the act of 1986 which is applicable organisations having four or more employees probates any kind of discrimination for National origin or citizenship when the employee is an alien which is lawfully admitted for permanent residence. I would suggest Jose to file a complaint against American heartland corporation under the immigration Reform and Control Act of 1986 instead of implementing a complaint under the title VII because it does not protect against discrimination based on citizenship.

Employees can file complaint to the equal employment opportunity Commission where the title VII good protect them for any kind of discrimination based on race, colour, sex or National origin. This is specific approach would be appropriate as these the specific employees are protected under the earth enacted in the specific scenario. Filing a case under title VII would be appropriate as it would provide adequate support for overall avoidance of discrimination.

Joining Carlton would be covered under Title VII National origin discrimination as the law states " it is unlawful to discriminate against any employee or applicant because of the individual's National origin. No one can be denied equal Employment opportunity because of birth place, ancestry, culture, linguistic, characteristics common to a specific ethnic group, or accent. It can also not be denied because of marriage or Association with any specific nationality or group.
Application of these standards directly prove that any kind of discrimination in the given case.

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