Question

Employment, labor, and anti-discrimination law.?

Sam works as a driver for Toxic Games Warehouse, a wholesale distributor and online retailer of video games and accessories. Over a ten-year period, Sam repeatedly applies for and is denied a promotion to the position of dispatcher. Sam meets the requirements for the job, which are a years driving experience and a specific license.

After one interview, Sam overhears the interviewer tell a co-worker that Sam, who is white, didn't get the job because whites are lazy. Is this employment discrimination? Explain.

Answers

Yes, this involves discrimination on account of race/color/nationality.

Civil and Labor laws protect every individual from being discriminated upon in the workplace regardless of the industry or sector to which one belongs. The scope refers to all. Thus, it is unlawful to discriminate against any employee or applicant for employment because of race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Any stereotyping and assumptions about the abilities, traits, or the performance of individuals of certain racial groups is considered as discrimination.

I hope this clears things up.

Fhil F.,

Social Media Manager of Mike Austin

Business Builder of New Jersey

NewJerseyBusinessBuilders.com

#1

yes it is discrimination

you cannot withhold a promotion to someone who is otherwise qualified for the job based on the persons race

#2

MAYBE it is not discrimination BUT it definitely could be......

generally for an employers actions to meet the definition of discrimination they must be more then simple teasing, or off-handed comments, and be part of a pattern of treatment.

this was a stupid comment to make, it would be illegal and discriminatory if the company actually held this to be true and made employment decision based on this stereotype BUT this particular instance probably does NOT meet the definition of illegal discrimination......

to understand more see:

http://www.eeoc.gov

#3