Retaliation refers to any adverse action taken by an employer or someone else working in the organization to be a punishment to an employee for taking part in a legally protected undertaking. The most common forms of retaliation include demotion, firing, salary deduction, job reassignment and negative evaluation.
Thus, Dawson could file a retaliation legal claim against Entek International. There are certain conditions he has meet to establish a prima facie case of retaliation. To start with, Dawson must show his having engaged in a legally protected activity. Besides, he needs to demonstrate him suffered an adverse employment decision and, hence, he should prove the cause of adverse employment decision to be linked to the protected activity.
To establish causation, through the preponderance of the evidence, Dawson should show his being fired due to filing a complaint about discrimination for being homosexual otherwise; he would have retained his job. Dawson could establish this causation by inferring to the fact of his being fired shortly after filing a complaint with the human resources department.
Title vii of the civil rights act should protect homosexuals against discrimination. Protection for LGBT against discrimination is simply a way of providing them equal rights to participate in the community they live. Currently, a homosexual does not have a legal discourse, since no statutory provision prohibits discrimination by sexual orientation.
The country legislation designed the civil rights act to provide protection against any form of discrimination in the society based on immutable qualities. However, the law is not comprehensive, and, hence, it does not provide protection for all groups of discriminated individuals. The deficiency, therefore, means LGBTs to be susceptible to discriminations in the workplace. Therefore, an amendment of the law is necessary to consider the rights of such individuals.
On the one hand, orientation discrimination is a form of sexual discrimination, and, therefore, one should prohibit just like gender-based discrimination. It is due to its being an association discrimination based on the sex of an individual. In this context, the employer regards the sex of an employee in taking action against such an employee.
Every individual has a right to equal protection. One should treat all the people equally, irrespective of their sexual orientation. The principle of equality, therefore, prohibits discrimination by sexual orientation. Thus, in the spirit of equality, one should amend the federal law to provide for the protection of the LGBT community.
On the other hand, providing protection for LGBT could culminate into infringing on the religious rights of individuals with no compelling interest. Consequently, it would end with violating the rights of such an employer by compelling them to hire an employee whereas their religious inclination would be against it.
Besides, it would force adoption and foster care agencies to take part in placements irrespective of whether they have a religious objection or not. The provision would be a violation of their religious laws for adoptions, and, hence, it would contravene the laws, which protect their rights.
Moreover, such a legislation would be a contradiction of the nullified civil rights protection, which aims at protecting the civil rights of it citizens. The law prohibits these entities from passing laws designed for the LGBT people.
To conclude, discrimination based on sexual orientation as well as retaliation is a legal aspect, which is evident for the working environment today. It is important that the law should provide protection against such an antisocial behavior so that one can guarantee the rights of individuals irrespective of their sexual orientation.
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Linda works as an editor at https://essaysservice.com/chemistry-lab-professional-assistance.html. She has always enjoyed working with a variety of literature and being interested in new facts. In addition, she easily finds common ground with many people. She also received her master's degree from American University Washington
