Employee Discrimination
Discrimination can be termed as unfavorable treatment of individuals based on their differences. Where discrimination is based on sex, gender, origin or race it is therefore prohibited because it involves unequal treatment of individuals (Marianne, 2014). In the given scenario the defendant may win the case because he is excluded and denied an opportunity to work for the organization because he is a different gender. However, the defendant must be able to prove that he is fully able to accomplish the activities that the organization fears that he may not do better than the female gender. The organizational thus fail the case because it has no right to discriminate the person based on his gender.
Title VII is referred to the civil acts where discrimination towards the employees or any other individual who is suitable for a position is prohibited (Marianne, 2014). The 1964 civil acts hold that every employee has the right to fair treatment under the act of employment practices 1991 amendment. The act, therefore, prohibits any form of discrimination based on state’s origin, sex, religion, color and race (Marianne, 2014). In the given scenario the defendant will automatically lose the case due to the fact that the American Airline Corporation worked on the culture of not allowing employees to have the type of hairstyle. The corporation, therefore, did not violate any of her rights because it operates under its culture and term of employment which had been stated before she applied for the position. In order for her to win the case, she must be fully able to prove that the corporation discriminated her because of her gender or race which is not the case. The corporation will, therefore, win the case given that it has all the evidence to prove that the defendant cannot be their employee based on their policies.
Reference
Jennings, Marianne M. (2014). Business: Its Legal, Ethical, and Global Environment. South- Western College Pub. Kindle Edition.