Case Study 1
Questions for Discussion
1. Identify and describe the specific issues Maalick encountered in the workplace. Do the actions of other workers at Treton represent discrimination and harassment? What elements of law are important for Treton to consider?
At his job with Treton Communications, Inc., Maalick had experienced religious discrimination from his coworkers. To ensure that the situation was resolved, Marta Ford, the Midwest facility human resources director, EEO and diversity compliance officer, went ahead and reminded all of the facility employees of Trenton’s policies regarding discrimination and harassment and the penalties associated with such actions. Maalick was interested in a new management position that had recently opened with the company. Although he applied and did participate in an interview with the Midwest facility director, Clive Jenkins, who also happened to be his supervisor, the position was given to an associate of Jenkins from his church. After recalling an incident in which Jenkins had previously joked about Maailick's conversion to the Internationalist faith, Maalick then filed a formal complaint of racial and religious discrimination with the company.
To determine whether or not the actions of Treton and its employees did constitute an act of discrimination and harassment, Maalick would need to show reasonable evidence that he had experienced such an occurrence. According to Managing Human Resources, the “legal term for this type of evidence is prima facie, which means ‘on its face’” (Gomez-Mejia, Balkin and Cardy, 2012, pg. 99). The requirements for prima facie as established by the United States Supreme Court case McDonnell Douglas Corp. v. Green, establishes that the plaintiff, who in this case would be Maalick, must show that “(1) he or she belongs to a racial minority (or other protected class); (2) he applied and was qualified for which the employer was seeking applicants; (3) he or she was...