Please read EEOC v. WC&M Enterprises, Inc.
and answer in 2-4 pages
https://www.gpo.gov/fdsys/pkg/USCOURTS-txsd-4_04-cv-03372/pdf/USCOURTS-txsd-4_04-cv-03372-0.pdf
1. Who has to prove a company discriminated against an employee? Do you agree with the burden of this obligation?
2. Do you believe that Dr. Alvarado-Santos could not possibly have experienced discrimination on the basis of national origin as long as the individual who assumed her responsibilities was of the same national origin as she was? In other words, since she had Dr. Devarie were both Puerto Rican, was it not possible that Dr. Rodriguez-Pichardo was discriminating against her on the basis of national origin?
3. As an employer, what is the best way for you to protect the company from charges accusing one of your supervisors of discrimination such as the one involved in this case?
Expert Answer
1) It should have been the Government which should have proved the discrimination, as it is a time bom ticker that could erode the harmony and lead to discremintaion. The burden of Obligation should be on the government
2) Yes, probably would not got discremination had both been from same origin. This also could be because of cultural understandings where they understand each other easily and also a normal behaviour of one culture may not be accepted in another’s. SO even in those aspects they would have not been discriminated.
3) Ste up an Strong internal cell, that would ensure no discrimination. Establish an anti discrimination policy and set up a committee with people from various positions and cultures/origin. This committee would hear all discrimination cases, that could potentially be raised by employees anonymously and could argue their cases and action could be taken against those who involves in discrimination.