U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit on behal
ID: 374652 • Letter: U
Question
U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit on behalf of Luis Vasquez, against his former employer, the Children's Home, Inc., a Tampa non-profit children's organization. The lawsuit claims the employer violated federal law when it refused to consider a male employee for a management position in a maternity home program based on his sex. Further, after voicing his concerns about not be considered because he is a male, he was excluded from applying for any other positions with the organization, the EEOC said. According to the EEOC's lawsuit, Children's Home's upper management and human resources personnel discouraged a male manager, Luis Vasquez, from internally applying to a position in a newly created Adolescent Motherhood Program, which was similar to his then-existing position. The EEOC said that Vasquez was told that management "wasn't sure if they would accept mal new motherhood program," and asked, "... can you imagine males changing pampers, working with babies and with pregnant girls? Vasquez sought a new position with the organization because the program where he was employed didn't receive renewed funding. Soon after complaining about the refusal to consider him because of his sex, he was advised that there were no other positions available at the organization for him. Vasquez's less-experienced female subordinate was selected for the newly created position, the EEOC said.Explanation / Answer
1) My decision, in this case, is in Favor of Luis Vasquez.
The united states Equal Employment Opportunity (EEO) Commission is a federal agency that administers and enforces civil rights laws against workplace discrimination. The EEOC examines the discrimination complaints based on individual race, color, national origin, sex, religion, age, genetic information, and retaliation for reporting, participating in, and or opposing a discriminatory practice.
By removing the barriers and creating a level playing field, EEO ensures that certain classes of people who have been discriminated against in the past are not subjected to adverse treatment based upon certain characteristics that have nothing to do with being a qualified job applicant or employee.
The 4 major laws that are enacted to contribute to EEO are as under:
1. Civil Rights Act of 1964. Title VII
2. The Americans with Disabilities Act of 1990 (ADA)
3. Age Discrimination in Employment Act of 1967 (ADEA)
4. The Equal Pay Act of 1963 (EPA)
Explanation of the rationale: In the above four major laws described, Luis case falls under the 1st category - Civil Rights Act of 1964. Title VII. The explanation is simple. If EEOC or the employer feels they weren't sure if they would accept males to work at the new motherhood program and cannot imagine males changing pampers and working with babies and with pregnant woman, then how are we living in a society that encourages male doctors who look after pregnancy, pediatric care male doctors, male gynaecologist etc., Hence, it is appropriate to appoint Luis for the maternity home program provided he is skill, qualified and has the right attitude.
2. Reasons for my recommendation was to consider Luis for the motherhood program provided he meets all the employment requirements with an exception to his gender. There shouldn't be gender-based discrimination because we encourage male doctors in various different circumstances explained in the previous question.
3. The argument in favor of Employer's position and action:
(i) Luis is a masculine gender which essentially doesn't qualify the maternity home-based program as it is dealing with sensitive issues of a pregnant woman, required care for her and for the kid.
(ii) Luis being male, wouldn't have encountered challenges and issues that a woman would go through during these stages which makes it impossible for Luis to understand and serve the requirements.
(iii) A female will always have an upper hand in managing different circumstances when it comes to motherhood, maternity care, and child care
4. The argument in favor of EEOC and Luis position:
(i) As explained in the first question, if the motherhood and maternity care are treated just like any other profession, gender-based discrimination shouldn't exist.
(ii) Luis is a qualified practician who is equipped to handle various challenges a pregnant woman goes through and is capable of providing/enabling all required support.
(iii) Just like any other male doctor who is qualified to handle pregnancy and other motherhood care, Luis is potential enough to handle maternity care.
(iv) From EEOC standpoint, this is covered under the civil rights act of 1964 which examines the discrimination complaint based on sex and ensure equal employment opportunity is provided.
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