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3810 - Essay Example

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Both employees and employers are protected by the law relative to their respective rights and freedoms. The Jill Johansen employment scenario presents a situation where she is hired without…
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Employment Law Employment is governed, regulated, and monitored through the applicable legal provisions. Both employees and employers are protected by the law relative to their respective rights and freedoms. The Jill Johansen employment scenario presents a situation where she is hired without all the job requirements being outlined. Two months into her employment, Jill Johansen found out that a job requirement that was not previously presented to her conflicts with her religion. Her move to the Justice Department in relation to the company’s service sees Jill fired and her contract not honored.
Jill is protected by Title VII of the Civil Rights Act 1991. The Act provides for her rights as an employee and the liabilities of an employer in the event that the employer violates terms and conditions of employment. A religious issue and/or concern are involved in Jill’s case. The source of the conflict is the existence of a job requirement that was not known to Jill during the entire selection and hiring process. The hidden job requirement, immediate firing, and failure to honor Jill’s contract constitute an employment dispute that falls under the provisions of Title VII of the Civil Rights Act.
In order to qualify for protection under Title VII of the Civil Rights Act, a number of elements of proof must be met (Capozzi 41). Jill Johansen must prove that the company is based within the U.S. The company operates branches in Chicago and Los Angeles. The fifteen employees with at least twenty weeks of the year employment element must also be proven (Capozzi 48). The company has been operational for ten years, and has up to one thousand employees. Interstate operations must be shown; the company is an advertising agency with openly known business in Chicago and Lo Angeles.
A number of damages and remedies are available to Jill in relation to her case. The alternative damages and remedies available include punitive damages, compensatory damages, re-hiring under all applicable terms and conditions, EEOC deliberations, and contract honoring (Capozzi 63). Jill’s case involves a religious factor that comes up after she is hired. Both the EEOC and the provisions of Title VII of the Civil Rights Act provide a remedy for the case. Jill can actually push for any of the above-mentioned damages and/or remedies.
In arbitration, Jill Johansen would receive a number of remedial courses. Firstly, Jill’s contract stands to be honored. The employer failed to clearly present all the terms and conditions of employment. At the time Jill was hired, she was not aware that she was supposed to undertake client escort service. Secondly, Jill stands to be reinstated to her position. This is because she took the position relative to the terms and conditions outlined during selection. Finally, the contract can be redone under all applicable terms and conditions. Punitive and compensatory damages relative to “pain and suffering”, attorney fees, and costs incurred in finding new employment are remedies that Jill would be awarded in the context of Federal Judge. Jill could also be reinstated to her position under prior terms and conditions, alongside having her contract honored to the letter.
Works Cited
Capozzi, Irene. The Civil Rights Act: Background, Statutes and Primer. New York: Nova Publishers, 2006. Print. Read More
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