1. Jackie and Paul can file a complaint against their employer before the office of the Equal Employment Opportunity Commission (EEOC). The role of the agency is to represent employees who have been discriminated by their employers by reason of race, color, religion, sex, age, national origin or genetic information. Under Title VII of the Civil Rights Act of 1964, the law prohibits any form of job discrimination against new applicant’s workers, employees, and union members on the ground of race, sex, nationality, religious beliefs or gender during employment.
In the case of Jackie, she was being discriminated for the reason of her gender, after undergoing a sex change; and also because of her race, for being an Asian. In the case of Peter, he was discriminated because of his previous drug problem. Both of them were suspended because they are being charged by their employer of breaking the code of the secret formula of their “Lemon Tree” business.
This principle was highlighted in the case of McDonell Douglas Corp. Vs. Green, where the plaintiff was rejected based on racial discrimination under Title VII. The plaintiff was able to present the prima facie case of discrimination. Once prima facie case has been established by plaintiff, the burden of proof is shifted to the employer to show a legitimate and nondiscriminatory reason for applicant’s rejection. If employer shows non-discriminatory reasons for rejection, the burden of proof is shifted to the plaintiff”.
The case of Jackie and Peter fall under “disparate treatment” covered by Title VII, which refers to a theory used in cases of individual discrimination. Here, the employee bringing the suit alleges that the defendant-employer treats the employee in a different manner compared to other people who are similarly situated. In addition, the employee alleges that the reason for the...