Question

(TCO H) Shaun, a woman of Hispanic origin, waits tables. when demoted Shaun filed a Title VII claim.   Why

Answer 1

A woman of Hispanic origin Shaun when waiting tables is demoted, she can file a case of discrimination against Phil a customer who has reported that she has abused him. The incident highlighted by Phil never took place and he has filed a complaint because he dislikes Hispanics. The restaurant owner demoting Shaun because of her origin goes against the Title VII rights which allow equal employment opportunity to all people irrespective of race, age, color, sex, origin, religion etc.

quote "The Title VII of civil rights act of 1964 considers it illegal to discriminate based on national origin. It applies to people who have 15 or more employees. It forbids discrimination based on a person place of birth, ancestry, culture, linguistic characteristic or accent." unquote

Legally Shaun can sue Phil for defamation as he is not her employer and she cannot file a suit of discrimination against a customer. The employer here the restaurant owner is obliged to provide an atmosphere where there is no discrimination on basis of her color, sex, religion, race or ethnicity. The complaint of discrimination under Title VII does not hold good as she was demoted because of an insulting remark which she made to Phil a customer. There is no evidence of the remark being made hence there is no proof or witness against Shaun.

To sum it up she can file a suit of discrimination under Title VII against the employer if she can prove she was demoted because of being a Hispanic. To file a suit against Phil she has to file a suit of defamation as he stated that she had used abusive word against him.