Human resources employment law for business Essay

Human resources employment law for business - Essay Example Franklin, a U.S. born individual of English ancestry, works for the China Lights restaurant, which is owned and operated by two U.S. citizens of Chinese ancestry. Franklins coworkers Jin Pan and Dongping Jiang, also U.S. citizens of Chinese ancestry, are late for work virtually every day, but no action is taken against them for this, even though the owners are aware of Jin and Dongpings tardiness, and even though there is a stated workplace policy that an employee reporting to work late, more than once in a sixty day period will be dismissed. Franklin reports to work late twice, 55 days apart, and he is dismissed. Explain whether Franklin has the basis for a national origin discrimination claim. Franklin does have basis for a National Origin Discrimination claim, but it might not be easy. Proof of misconduct would have to be documented. If Jin and Dongping’s tardiness was not recorded, it would be Franklin’s word against the company and Jin and Dongping’s word. If documentation exists on Franklin’s tardiness that could be used to prove that Franklin would have been fired despite Jin and Dongping. Franklin would have had a better case if he had started documenting the tardiness before being fired. It would have also been a better case if he would not have been tardy for two days in a fifty-five day period. Courts like plaintiffs with clean hands. Theoretically the case could be brought, but if not settled out of court, the case might not succeed. Title VII deals with the discrimination against employees based on race, religion, gender, and so forth. IRCA deals with the hiring of illegal immigrants. It is harder to prove discrimination on race, religion, or gender. Title VII must be proven in court through testimony and documentation. IRCA discrimination can be proven through citizenship documentation. If an employer will not hire because of the IRCA law, than the U.S.