Question

Case study: Chapter 2- The Environment- Labour Relations textbook

Armand, Bob, and Courtney worked as customer service representatives at a company that managed a toll road. Employees at the company are represented by a union. All three employees worked at the front counter, and their duties included issuing transponders, receiving payments, receiving faxes to provide service to customers, and assisting in the company’s call center when call volumes were high. In order to do their jobs, the customer service representatives on the front counter were required to go to a fax machine in another area of the building and also to escort customers to other areas of the complex several times a day. Security was a concern at the company because of expensive equipment on the premises, client information that was held, and possible hostile customers. The company had a security system in place that required employees to use a swipe card and enter a password to gain entry at various points in the building. The company encountered problems with the misuse and loss of swipe cards. The employer proposed a new biometric scanning system that relied upon the measurement of the right hand when it was placed on a screenArmand, Bob, and Courtney worked as customer service representatives at a company that managed a toll road. Employees at the company are represented by a union. All three employees worked at the front counter, and their duties included issuing transponders, receiving payments, receiving faxes to provide service to customers, and assisting in the company’s call center when call volumes were high. In order to do their jobs, the customer service representatives on the front counter were required to go to a fax machine in another area of the building and also to escort customers to other areas of the complex several times a day. Security was a concern at the company because of expensive equipment on the premises, client information that was held, and possible hostile customers. The company had a security system in place that required employees to use a swipe card and enter a password to gain entry at various points in the building. The company encountered problems with the misuse and loss of swipe cards. The employer proposed a new biometric scanning system that relied upon the measurement of the right hand when it was placed on a screen.

The system would also work with employees swiping a card and entering a password instead of a hand measurement; however, the employer wanted to incorporate the hand scanning as part of the system to facilitate its attendance management program. Scanning devices would be placed at numerous locations in the complex to control and monitor access to various departments. Eight employees who were members of the Pentecostal faith objected to the proposed scanning system because of their religious beliefs. Although the Pentecostal church is not specifically opposed to biometric scanning, the employees felt that the system was counter to their religious beliefs because it would impose “the mark of the beast” upon them as prophesied in the Book of Revelation. The religious objection related to using measurements of portions of the body for the purposes of identification where such measurements have a number associated with them, the number becomes part of a system of numbers, and that system is involved in the ability to earn a living. The concerns are heightened for some individuals when the measurements are derived from the right hand. When the employees objected to the new system, the employer proposed that they use their left hands and also proposed the employees be allowed to wear a glove over their hand. (The system relied upon a hand measurement, not fingerprints.) Five employees were satisfied with the changes proposed by the employer and dropped their objection to the scanning devices. When Armand, Bob, and Courtney continued to refuse to use the new system, the employer proceeded to apply its progressive discipline policy. The employer did not meet with the union or the employees other than through the disciplinary process. The employees were given warnings, formal letters, and subsequently terminated when they refused to take part in the new system.

Questions:

1. Is there any discrimination in this situation? If so, what type of discrimination is involved?

2. What is the obligation of the employer?

3. If this case proceeded to a hearing, explain the outcome you expect.

Answer 1

Question # 1. In the first place, the company should have adopted the system which is neutral to all the employees and should be uniform. While knowing the fact that placing a hand measurement security system would raise the religious concern by the some of the employees who work there, the company should have adopted some different systems. Religious systems are there but the belief is very subjective and vary person to person. As few people agreed for the left hand while few did not agree. If we look the case superficially then there is an element of discrimination based on the religion but if we analyze deeply then it was not planned to affect a certain set of people who belongs to a particular religion.

Question # 2. As the obligation of the employer, A employer should not discriminate on the basis of gender, race, ethnicity, religion, or origin of the country among their employees. However, the company did accommodate to a certain extent and allowed to wear the gloves and use the right hand instead to the left hand. It shows the commitment of employe not to discriminated. However, they failed to meet their obligation to consult the union before implementing such system which might impact the religious belief.

Question # 3. If the case proceeded to a hearing then the court may ask the company to get the permission of the union to adopt the system. however, there won't be any proven attempt of religious discrimination.