Scenario IIIEmployment
Little Rock Catering, located in western Arkansas, provides food for special events and wedding consulting services. The business is privately owned and has seven employees. Sam, a 45-year-old lesbian, applied for the position of event services coordinator and was denied the position. Sam was highly qualified, with 10 years of experience in event planning. Mary Beth, a 21-year-old recent college graduate and member of the owner’s church, was hired.
Research the state laws on nondiscrimination in Arkansas and your state.
On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on sexual orientation discrimination?
On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on age discrimination?
Would the outcome of a lawsuit based on sexual orientation discrimination be different if the catering company was located in your state?
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
Analysis of Discrimination Laws in Employment: The Case of Sam and Little Rock Catering
In the context of employment discrimination, Sam’s application for the position of event services coordinator at Little Rock Catering raises serious questions regarding both sexual orientation and age discrimination under Arkansas state law and federal law. This essay examines the probable outcomes of potential lawsuits based on these grounds and considers whether the outcome would differ if the catering company were located in a different state.
Thesis Statement
Given the current legal framework in Arkansas and federal law, a lawsuit based on sexual orientation discrimination is likely to encounter challenges due to the lack of specific protections under state law, while a claim based on age discrimination may have more favorable outcomes for Sam, highlighting the complexities of employment law and the evolving nature of discrimination protections across states.
Sexual Orientation Discrimination
Arkansas State Law
As of now, Arkansas does not have specific laws that prohibit employment discrimination based on sexual orientation. The Arkansas Fair Employment Practices Act (AFEPA) encompasses various protected classes such as race, gender, and religion, but omits sexual orientation. Consequently, a lawsuit based solely on sexual orientation discrimination would likely face significant hurdles in state court.
Federal Law
Under federal law, the situation is evolving. The U.S. Supreme Court ruling in Bostock v. Clayton County (2020) established that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity. Sam could potentially leverage this ruling in a federal lawsuit. However, proving that her sexual orientation was the deciding factor in her non-hire may require substantial evidence showing discriminatory intent.
Probable Outcome
1. State Court: A lawsuit in Arkansas state court would likely be dismissed due to the absence of specific protections against sexual orientation discrimination.
2. Federal Court: If pursued in federal court, Sam might have a viable claim under Title VII, particularly if she can demonstrate that her qualifications were superior to Mary Beth’s and that her sexual orientation played a role in the decision-making process.
Age Discrimination
Arkansas State Law
The AFEPA also prohibits age discrimination, specifically protecting individuals over the age of 40 from adverse employment decisions based on their age. Sam, at 45, is covered under this statute.
Federal Law
At the federal level, the Age Discrimination in Employment Act (ADEA) protects employees aged 40 and older from age-based discrimination. Given that Sam is well within the protected age group, she has a strong basis for an age discrimination claim.
Probable Outcome
1. State Court: In an Arkansas state court, Sam could successfully argue that her age was a factor in the hiring decision, especially if it can be demonstrated that Mary Beth’s youth was favored by the owner.
2. Federal Court: Similar to state court, a claim under the ADEA would likely be well-supported given Sam’s age and qualifications relative to the younger candidate.
Comparison with Other States
If Little Rock Catering were located in a different state with stronger protections against employment discrimination based on sexual orientation, such as California or New York, the outcome of a lawsuit based on sexual orientation discrimination could be markedly different. Many states have enacted laws that explicitly protect LGBTQ+ individuals from workplace discrimination. In such jurisdictions, Sam would have a clearer path to pursue legal action against Little Rock Catering.
Conclusion
In summary, should Sam pursue legal action against Little Rock Catering for sexual orientation discrimination, she would face significant challenges in Arkansas due to the lack of explicit protections under state law, though a federal claim may yield better prospects. Conversely, her case for age discrimination is considerably stronger under both state and federal law due to existing protections for older workers. Furthermore, if the catering company were situated in a state with more comprehensive anti-discrimination laws regarding sexual orientation, Sam’s chances of success would greatly increase, reflecting the varying landscape of employment protections across the United States.
