Running head: CASE STUDY 1 1
CASE STUDY 1
Audrey C. Mills
Liberty University
Author Note
This paper was prepared for BUSI 642, Section B07, taught by Dr. Edward Sherbert.
CASE STUDY 1 2
Employees today enjoy the privilege of Equal Employment Opportunity (EEO) laws that
protect their rights compared to workers 50 years ago. Coupled with servant and transformational
leadership, a plateauing of EEO complaints should occur within a company.
Maalick’s Discrimination Claim
Maalick, a six-year employee at Treton, transferred to the Treton’s Kansas facility as its
operations manager. He received a raving performance review during his first year at Kansas.
However, things started to change when he asked the facility director and his supervisor, Clive
Jenkins, for a week vacation to attend his religion’s final confirmation rites. This spurred
numerous instances where Maalick could cite religious discrimination.
The first issue is the discrimination by Mr. Jenkins, his supervisor. Title VII section
703(a) prohibits discrimination of an individual based on race, color religion. Disparate treatment
against a member of the protected class is prohibited. Here, Mr. Jenkins asked for the reason
behind Maalick’s vacation request. He also asked about Maalick’s religion’s authenticity,
commented on Maalick’s religious paraphernalia, and asked for more information on Maalick’s
religion before he would give Maalick his entitled vacation.
As an African American, Maalick is a member of the protected class. Mr. Jenkins’s
asking for the reason for the vacation, adverse commentaries about Maalick’s religion, and
conditioning of vacation approval on religious information and authenticity can be considered as
discrimination on the application of a privilege of employment –vacation leave – on Maalick.
While it seems reasonable to evaluate vacation request vis-avis company needs, Mr. Jenkins did
not show any undue burden as present in this case.
In addition, Mr. Jenkins’ commentary that Maalick should have expected vandalism of
his office because he was African American and practices his religion shows condoning of
CASE STUDY 1 3
disparate treatment of Treton on its African American employees and employees that practice the
Internationalist religion. It shows that Treton believes this is normal treatment of African
Americans and Internationlists, but not all of its employees.
Moreover, Maalick found copies of chants and a book entitled, “Prayers for Black Folk”
and “Mystical Practices from the Negro Experience.” Borrowing the theory of res ipsa loquitur,
Maalick can claim that Treton caused the offensive conduct – the blatant discriminatory act of
leaving him document pertaining to his color and race – because his office was under Treton’s
control. These items show differential and derogatory treatment of Maalick due to his color and
race.
Finally, when Maalick applied for a systems manager opening, Mr. Jenkins told him he
was only filling one position for now – this is in direct contrast to the two position that Ms.
