Essay Sample on Legal Violations at Golden Corral

One of the laws violated by Golden Corral is the Americans with Disabilities Act (ADA). The Act protects employees from discrimination because of their disability (EEOC Press, 2017). The Act became law in 1990 and has since protected people living with disabilities not only in the workplace but also in transportation, schools, and other places accessible to the general public. Although Fernandez has autism, which affects his communication and interaction with others, he should not be discriminated by the manager. Instead, the organization should create a friendly environment for him.

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The second law violated by Golden Corral is Title VII of the Civil Rights Act of 1964 (EEOC Press, 2017). This federal law protects employees from discrimination based on national origin, sex, color, religion, or race. The article prohibits sexual harassment of all the employees, male or female. All the employees are entitled to a workplace free from harassment of any kind, either from their fellow employees or the supervisors. The supervisors have the task of protecting the employees from sexual harassment; therefore, it is alarming when they are the perpetrators.

A prima facie case in law gives the owner of the restaurant the burden to prove that Fernandez was not discrimination at the restaurant, and the restaurant should not be held liable for harassment and discrimination (EEOC Press, 2017). The next step after I receive a lawsuit initiated by the EEOC is to try and negotiate with Fernandez for an out of court settlement her him to terminate the case instead of following the judicial process that will cost more resources and time in paying the attorney and other costs. There is also the option of putting up the defense to the suit through the argument that Fernandez does not have any evidence to show where he was sexually assaulted or discriminated against as required by the Americans with disabilities act. My defense would also include the argument that I tried to change the shift of the employees, which is an indication of goodwill to help Fernandez.

The restaurant needs to implement changes after the lawsuit to ensure similar mistakes are not repeated in the future where the rights of employees are not respected by their colleagues and ensuring that there is a safe environment for all the employees. The restaurant needs to come up with a code of conduct for all the employees to follow that will ensure there is no discrimination and provide guidance on how to solve conflicts between the employees (Davenport, 2018). The employees must exhaust the set procedures of addressing the challenges that they face while working at the company. The restaurant also has to ensure that employees have ethics by punishing employees that do not maintain ethics and code of conduct to create an organizational culture where the rights of all employees are respected.

To avoid lawsuits arising from discrimination, organizations should create an environment that promotes productivity for all the employees (Davenport, 2018). They should ensure that the special employee needs are taken care of for them to work effectively. For example, if an employee has a verbal communication problem, they should be allowed to use another form of communication, such as sign language. The supervisors should also understand that such employees are abled differently and therefore support them. Disability is not an inability; therefore, no employee should be forced to resign because the workplace environment is not conducive for him/her. Organizations, therefore, embrace diversity and work together to achieve the organization's objective.

References

Davenport, R. (2018). Creating a Workplace Culture of Civility and Respect: Preventing Unlawful Harassment and Discrimination.

EEOC Press. (, 2017). EEOC Sues Golden Corral for Disability, Sexual Harassment, and Discharge | U.S. Equal Employment Opportunity Commission. Eeoc.gov. Retrieved from https://www.eeoc.gov/newsroom/eeoc-sues-golden-corral-disability-sexual-harassment-and-discharge.