What Grounds Could Scott Sue The Restaurant Or Jack?

5. On what grounds could Scott sue the restaurant or Jack?

Scott can sue the restaurant or Jack on the grounds of discrimination of his sexual orientation, but depending on what state they are in. It is stated in the textbook that, “Employees in about twenty-one states, in addition to the District of Columbia, enjoy protection under state law. State laws typically proscribe discrimination against any sexual orientation (including heterosexuals) and usually include perceived sexual orientation (regardless of whether the person so identifies). About 180 cities address sexual orientation discrimination under municipal laws.” (Walsh, Pg. 411).

According to an online article titled, “Sexual Orientation Discrimination”, this term is defined as, “when an employee is subjected to negative employment action, harassment, or denial of certain benefits because of their sexual orientation, or the sexual orientation of someone they are close to.” (Workplace Fairness, 2015). Based on the language and the reasoning that Jack is using to explain to Scott as to why he is not being promoted to a waiter, is leading Scott, and the viewers to assume that it is based on the sexual orientation of Scott and his friends. From the facts presented in the video, Scott displays the qualities of a diligent and dedicated worker and has not hindered Jack or his businesses success in any way.

6. Can employers use "customer preference" as a pretext to fire or not hire people?

Employers do have some leeway when it comes to deciding who they want to hire and/or fire; employers can rely on using a Bona fide occupational qualification to adjust their preferences. This term is defined in the textbook glossary as, “the only way that an employer can prevail in cases...

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...ge of discrimination with the EEOC.” (EEOC, 2009). Unless Jack can actual prove why Scott is not qualified for the promotion, besides for the fact that the customers “feel uncomfortable” around him, or that Jacks’ regulars are not used to Scotts “crowd”, then Jack would not have a solid defense in this case.

8. Lesson 's Learned?

During this discussion, I learned more in depth about discrimination then I was aware of before. However, what I found to be most interesting was during chapter 11 and reading up about the FMLA Act. This section really stuck out to me because it directly related to my current employment position. I currently work at an OBGYN office and I am the one who is in charge of filling out the patient’s disability and FMLA forms. Having the opportunity to read up and learn more about these acts was not only informative, but also extremely helpful!