Ameg, a Nigerian-born, Muslim, black man was employed in the room-service department at Consumer's Resort Hotel. He made several unsuccessful attempts to transfer to the marketing department. Ameg had completed high school in Nigeria and received an

Question

undergraduate business degree in marketing at Roosevelt State University in Rhode Island. Last week he interviewed for a transfer again, and he did not get the new job. He found out later that another applicant had gotten the job, and that the other applicant had less experience and had not completed his college degree in business at American Baptist University. What legal arguments might Ameg raise with Consumer's Resort Hotel?

Answer 1

The fact situation does not indicate whether or not the person hired was black, a native born American, or what that person's religious affiliation was; each of those factors could be important. Assuming the person hired was a Caucasian, native born, and a Christian; it is possible that Ameg
was the subject of discrimination on the basis of race, national origin, religion, or all three. The Civil Rights Act of 1964, Title VII, makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual, with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin" — a group of persons defined by a protected class.
Title VII covers all employers and labor unions affecting interstate commerce with fifteen or more workers. To prevail, the plaintiff must satisfy three steps: (1) prove by the preponderance of the evidence a prima facie case of discrimination; (2) shift the burden to the defendant "to articulate some legitimate, nondiscriminatory reason for the employee's rejection"; and (3) should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not the true reasons, but were a pretext for discrimination. Ameg can file a complaint with the federal Equal Employment Opportunity Commission (EEOC) and they will investigate his complaint. After the investigation Ameg will be free to file a lawsuit to provide a forum to hear his complaints.
Similarly, the Immigration Reform and Control Act of 1986 (IRCA), which prohibits discrimination is based on citizenship. The IRCA covers employers of four or more employees, making it illegal to discriminate against any person (other than an unauthorized alien) in hiring, discharge, or recruiting or referring for a fee because of national origin or citizenship status.