Chapter 1

Introduction1.1 BackgroundCivil Right Act 1964 is a regulation that protects women from all forms of discrimination in the United States of America. Under this regulation, women are protected but in fact moslem women still get discrimination from government, mass media, company or institution, and society of the United States.The Notions of liberal feminism that mention the rights of women will be protected if there is a regulation are crumbled Because The fact is that the regulation can not protect moslem women's rights. Discrimination against women moslem the caused by the social and cultural factors are proven by the actions of the government, mass media, company or institution, and society that discriminate them. Moslem women in America are labeled as terrorists after the World Trade Center attact. Because of that, the rights of Moslem women are crossed and they face discrimination in many sectors, that is, economy, education, law, and social community. The purpose of this research is to analyze case that occurred at the Disneyland Resort is that discrimination toward women moslem happened because of the Muslim minority in America that have an impact for the company in the region that resulted in discriminatory moslem women or industry competition employees. 1.2 Profile Disneyland ResortDisneyland Resort -- The original theme park where Walt Disney himself walked, Disneyland opened on July 17, 1955. More than 650 million guests have followed in his footsteps and the park has grown into a world-class destination with two theme parks, three hotels and the Downtown Disney shopping, dining and entertainment district. Disneyland Resort recently underwent a significant expansion at Disney California Adventure park, including the additions of Buena Vista Street, which transformed the parks gateway into the 1920s and 1930s Los Angeles that greeted a young Walt Disney, and Cars Land, a new 12-acre land inspired by the hit DisneyPixars film Cars that immerses guests in Radiator Springs. The expansion also includes attractions such as Toy Story Mania!, The Little Mermaid ~ Ariels Undersea Adventure and the award-winning nighttime spectacular World of Color. Recent growth across the resort also includes a major refurbishment of the Disneyland Hotel and the additions of Fantasy Faire, a picturesque village square that welcomes guests to meet Disneys princesses, and the new live show Mickey and the Magical Map at Disneyland park. This year, the resort is celebrating a significant milestone its 60th Anniversary with a Diamond Celebration that includes new nighttime spectaculars at Disneyland Park and Disney California Adventure and themed decor. 1.3 Case :Muslim ex-employee sues Disney over harassment, discrimination

Ross Frasier Press TV , 2012/08/14

Los Angeles - A former Muslim employee of the Walt Disney has filed a lawsuit against the giant entertainment company for harassment of its employees and religious discrimination, Press TV reports. Imane Budlal, the 26-year-old former employee of Walt Disney, says that she had been subjected to discrimination by the company on the ground of her Islamic beliefs. The American Civil Liberties Union filed the lawsuit on behalf of the young Moroccan Muslim female. The harassment and discrimination in this case is unprecedented, said Attorney Anne Richardson. "Richardson noted that the Moroccan, who is also an American citizen, was subjected to years of ethnic insults because of her religious beliefs, adding that she suffered from two years of comments being called, camel, being called a terrorist, and being accused of making bombs." Disney authorities claim that Budlals hijab (Muslim womens wear) did not comply with the companys strict dress code. "The female employee even offered to wear a scarf in colors matching her uniform or bearing a Disney logo, but the firm's authorities denied the offer and asked her instead to work in the back area out of the sight of customers." The company fired her after she refused to wear a large hat on top of her scarf. Attorney Reem Salahi told Press TV that the Disney Land authorities' request for her wearing a hat was meant to hide her religious identity, and so was a kind of mockery of her religion. The Disney authorities, however, have released a statement, claiming that the Walt Disney parks and resorts have a long history of accommodating a variety of religious requests from cast members of all faiths. Despite the companys efforts to portray a tolerating image of itself, Attorney Richardson says that the case shows that the firm practices discrimination. Walt Disney now faces multiple charges, including failure to prevent discrimination and harassment and wrongful termination in violation of public policy.

1.4 Identification of problems

A former Walt Disney Corp. employee filed suit against the company on Monday charging it with religious discrimination and harassment in a dispute that centered over her hijab, the headscarf worn by Muslim women.

According to the lawsuit filed in federal district court in Imane Boudlal v. Walt Disney Corp., Boudlal, a naturalized U.S. citizen of Moroccan origin who is Muslim, began working as a hostess at the Storytellers Caf in the Grand California Hotel and Spa, part of the complex operated by Disney in Anaheim, Calif., in April 2008.

From early on she "suffered from repeated ethnic and religious slurs" from her co-workers, according to the lawsuit. In June 2010, Boudlal decided to permanently wear her hijab, and asked her supervisors' permission to wear it at work. She was told it violated Disney's "look" policy and would "negatively affect patron's experiences at the caf."

"Disney did not seek to enforce its 'look' policy against other hosts or hostesses at the Storytellers Caf who visibly displayed tattoos, crosses, and other religious insignia or wore their hair or did their nails in an ostentatious and impermissible manner," says the complaint.

Negotiations between Boudlal and Disney ensued, according to the lawsuit. Compromises she offered, including wearing a hijab in colors matching her uniform and bearing a Disney logo, were rejected by the company, while Boudlal rejected Disney's suggestion she work elsewhere in its complex away from public view, according to the lawsuit. She is "no longer an active employee at Disney," says the complaint.

Boudlal filed a complaint with the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing in August 2010, and received her notice of right to sue from the EEOC last week. Boudlal's attorneys include Mark Rosenblum, chief counsel for the American Civil Liberties Union of Southern California in Los Angeles.

Disney issued a statement that said, "Walt Disney Parks and Resorts has a history of accommodating religious requests from cast members of all faiths. We presented Boudlal with multiple options to accommodate her religious beliefs, as well as offered her several roles that would have allowed her to wear her own hijab. Unfortunately, she rejected all of our efforts and has since refused to come to work."CHAPTER 2Literature Review2.1 The Concept of Equal Opportunity and the Law 1. Title VII of the 1964 Civil Rights Act

was one of the first of these 1960s-era laws. As amended by the 1972 Equal Employment Opportunity Act, Title VII states that an employer cannot discriminate based on race, color, religion, sex, or national origin. Specifically, it states that it shall be an unlawful employment practice for an employer:1. To fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individuals race, color, religion, sex, or national origin.2. To limit, segregate, or classify his/her employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his/her status as an employee, because of such individuals race, color, religion, sex, or national origin.Title VII covers just about everyone. It bars discrimination on the part of most employers, including all public or private employers of 15 or more persons. It also covers all private and public educational institutions, the federal government, and state and local governments. It bars public and private employment agencies from failing or refusing to refer for employment any individual because of race, color, religion, sex, or national origin. And it bars labor unions with 15 or more members from excluding, expelling, or classifying their membership based on race, color, religion, sex, or national origin.2. The Equal Employment Opportunity Commission (EEOC)

Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The commission itself consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a 5-year term. In popular usage, the EEOC also includes the thousands of staff the EEOC has around the United States. They receive and investigate job discrimination complaints from aggrieved individuals. When the EEOC finds reasonable cause that the charges are justified, it attempts (through conciliation) to reach an agreement. If this fails, it can go to court. The EEOC may file discrimination charges on behalf of aggrieved individuals, or the individuals may file on behalf of themselves.2.2 The concept of harassment

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive; or some other characteristic specified under antidiscrimination or human rights legislation . It can also happen if someone is working in a hostile or intimidating environment. Harassment can include behaviour such as:

telling insulting jokes about particular racial groups

sending explicit or sexually suggestive emails

displaying offensive or pornographic posters or screen savers

making derogatory comments or taunts about someones race or religion

asking intrusive questions about someones personal life, including their sex life.2.3 The concept of discrimination

In Mathis and Jackson book, The word discrimination simply means recognizing differences among items or people. However, when discrimination is based on race, gender, or some other factors, it is illegal and employers face problems. The following bases for protection have been identified by various federal, state, and/or local laws:

Race, ethnic origin, color (including multiracial/ethnic backgrounds)

Sex/gender (including pregnant women and also men in certain situations)

Age (individuals over age 40)

Individuals with disabilities (physical or mental)

Military experience (military status employees and Vietnam-era veterans)

Religion (special beliefs and practices)

Marital status (some states)

Sexual orientation (some states and cities)

Discrimination is an occurrence that is common within human society, this is because the human tendency to discriminate against others. Indirect discrimination occurs when a neutral regulation becomes discriminatory when applied in the field. Workplace discrimination means preventing someone meets professional aspirations and her personal without regard to its achievement . Religious Discrimination

Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.

Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.

Religious Discrimination & Work Situations

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Religious Discrimination & HarassmentIt is illegal to harass a person because of his or her religion. Harassment can include, for example, offensive remarks about a person's religious beliefs or practices. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Religious Discrimination and Segregation

Title VII also prohibits workplace or job segregation based on religion (including religious garb and grooming practices), such as assigning an employee to a non-customer contact position because of actual or feared customer preference.

Religious Discrimination & Reasonable Accommodation

The law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.

Religious Accommodation/Dress & Grooming PoliciesUnless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.

Religious Discrimination & Reasonable Accommodation & Undue HardshipAn employer does not have to accommodate an employee's religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.

Religious Discrimination And Employment Policies/PracticesAn employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment.

BAB 3Closing3.1 Solution discrimination and harassmentEmployers can take steps to minimize their risks in the areas of discrimination and harassment, while also growing and creating thriving, progressive work environments.

The following guidelines can help to prevent harassment and discrimination claims and reduce risk:

1. Leadership Commitment

First and foremost, the leaders of a company or organization, including the owners, executives and senior managers, must personally commit to promoting and creating an environment and culture which does not tolerate discrimination and harassment in the workplace. When employees see that the leaders of a company or organization are committed to such principles, they are less likely to engage in such conduct and if they do, they know they may face potentially severe consequences.

2. Strong Policies and Procedures

Employers must establish a strong policy against harassment and discrimination which defines and provides examples of what constitutes such conduct. If the employers business is part of a unique industry such as the restaurant, retail or manufacturing business, the policy should include examples which are applicable to that workplace or industry. This will ensure the policy has meaning beyond words.

3. A Clear Reporting Process

The policy also should include a clear process for employees to report claims of discrimination and harassment. For example, the policy might state something to the following effect: Should an employee feel that he or she has been the victim of discrimination or harassment, the employee should immediately report the claim to his or her supervisor or to X person in the Human Resources Department. Employers might also consider implementing a third-party Compliance Hotline where employees can make reports of discrimination and harassment, as well as other claims and issues, particularly if the employee does not feel comfortable making the report to any manager or supervisor internally.

4. A Clear Investigation Process

The policy also should include a clear overview of the employers investigation process. The policy should express the employers commitment to conducting an immediate and thorough investigation and to taking any remedial action, where necessary.

5. No Retaliation

The policy also should ensure employees that they will not be retaliated against for making claims of discrimination or harassment and that the employer will take all steps to protect the employee and their confidentiality.

6. Training

Perhaps the most important element of a strong prevention program is regular training both for managers and employees. The training can be conducted by lawyers or trained human resources professionals or through a recognized online training source. Employers should examine their organizational culture and environment to determine what is the best training option for their employees. Whatever decision the employer makes, it should ensure the training is conducted on a regular basis at least annually as a best practice.

Although claims of discrimination and harassment are on the rise, they can be limited and their impact can be minimized where employers commit to having a ZERO tolerance environment for discrimination and harassment, along with implementing the necessary policies, practices, tools and training to support that commitment.

3.2 SuggestionsAs more women have entered the workforce, sex/gender issues in equal employment have included both discrimination through pay inequity and discrimination in jobs and careers.

Regulations related to the above cases, among others: The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) requires that most employers identify the essential functions of jobs and that they make reasonable accommodations for individuals with disabilities unless doing so would result in undue hardship.

Personal Appearance Regulations and TITLE VIIEmployees sometimes file suits against employers dress and appearance codes under Title VII. They usually claim sex discrimination, but sometimes claim racial or even religious discrimination. A sampling of court rulings follows:

Dress.

In general, employers do not violate the Title VII ban on sex bias by requiring all employees to dress conservatively. For example, a supervisors suggestion that a female attorney tone down her attire was permissible when the firm consistently sought to maintain a conservative dress style and counseled men to dress conservatively. However, Alamo Rent-A-Car lost a case when they tried to prevent a Muslim woman employee from wearing a head scarf.

Hair.

Here, courts usually favor employers. For example, employer rules against facial hair do not constitute sex discrimination because they discriminate only between clean-shaven and bearded men, discrimination not qualified as sex bias under Title VII. Courts have also rejected arguments that prohibiting cornrowhair styles infringed on black employees expression of cultural identification.

Uniforms.

When it comes to discriminatory uniforms and/or suggestive attire, however, courts frequently side with employees. For example, requiring female employees (such as waitresses) to wear sexually suggestive attire as a condition of employment has been ruled as violating Title VII in many cases.

Tattoos and body piercings.

Tattoos and body piercings are an issue at work. For example, about 38% of millennials in one survey had tattoos as compared with 15% of baby boomers. About 23% of millennials had body piercings as compared with 1% of baby boomers. One case involved a waiter with religious tattoos on his wrists at a Red Robin Gourmet Burgers store. The company insisted he cover his tattoos at work; he refused. Red Robin subsequently settled a lawsuit after the waiter claimed that covering the tattoos would be a sin based on his religion. AGREEMENT between Walt Disney World Co. dba Disneyland Hotel, Disney's Paradise Pier Hotel, and Disney's Grand Californian Hotel and Hotel Employees and Restaurant Employees (HERE) Union, Local 681, AFL-CIO in :1. ARTICLE 6 DISCRIMINATION

A. There shall not be any discrimination against any employee on account of membership in or activity on behalf of the Union provided such activities do not interfere with the regular duties of the employee.

B. Whenever in this Agreement the masculine pronoun is used, it shall be deemed to include the feminine.

C. The Employer and the Union agree there shall be no discrimination against any employee or prospective employee on any basis prohibited now or in the future by the laws of the State of California or the United States of America.

D. Both the Employer and the Union recognize their mutual obligation to comply and foster compliance with the Americans With Disabilities Act of 1990. Nothing in this agreement shall be construed as inconsistent with, or as requiring Employer to act in any way inconsistent with, such Act.2. ARTICLE 21 UNIFORMS/COSTUMES

For purposes of this Article, "uniform" or "costume" means outer garments, excluding shoes, which are required to be worn exclusively while carrying out the duties and responsibilities of the position and which are substantially different from the design or fashion of the general population and which can be worn as normal attire. This definition includes items that serve to identify the person, functions performed, rank or name of Hotel.

See the Disneyland Hotel, Disney fs Paradise Pier Hotel and Disney's Grand Californian Hotel Specific Language Section for more information.

1. The employee to whom such uniform is supplied shall be responsible for payment of any loss thereof, or willful damage thereto, or damage due to negligence excluding normal wear and tear. At the time an employee is terminated, the employee shall return all uniforms to the Hotel prior to receipt of m^er final check. If this is not done, the Employer will deduct the replacement value of items not returned.

2. Any person held responsible for his laundry service shall be reimbursed by the Employer at the value placed on laundry service by the minimum wage orders of the California Division of Labor Standards Enforcement, as issued from time to time, but in no event less than one ($1.00) dollar per week.

3. The Employer shall furnish rubber aprons and boots for any employee required to use steam or water hoses.

4. In the event the Employer deems it necessary to inspect an employee's locker/garment bag the following personnel shall be present when such inspection occurs:

(a) The employee and/or his or her duly appointed Union Representative.

(b) A member of management from other than the area of the inspecting Supervisor or the employee.

5. The employee assumes full responsibilities for items contained within his locker/garment bag, and the Employer shall bear no liability for any lost items.Here disney already has uniform rules about discrimination and already described above disney personnel but not implement it to the fullest. so that this can occur in the absence of a serious oversight. Moreover, in this case shows that there is no openness between Disney employees with employees and employees with managers. It is clear that there is no practice of two-way communication, so Boudlal looks difficult to tell his complaint to Disney. The American social environment there is a deep trauma. Especially as some terrorist incident that occurred in America that was allegedly the perpetrators are Muslims. Resulting in social labeling to Muslims that leads to discrimination. Muslim community is a minority in American society. Majority communities tend to dislike the minority because the majority are less likely to get along with the majority of the minority so it is difficult to know the identity of minorities. I think it also makes discrimination on the Disney resort in California, America.3.3 Implementation Strategies of Non DescriminationThe Equal Employment Opportunity : Managing Religious Diversity

Employers increasingly are having to balance the rights of employees with differing religious beliefs. One way to do that is to make reasonable accommodation for employees religious beliefs when assigning and scheduling work, because many religions have differing days of worship and holidays.

For example, some firms have established holiday swapping pools, whereby Christian employees can work during Passover or Ramadan or Chinese New Year, and employees from other religions can work on Christmas. Other firms allow employees a set number of days off for holidays, without specifying the holidays in company personnel policies.

Managing Religious Diversity in Workplaces

1. Accommodation of Religious Beliefs in Work Schedules

2. Respect for Religious Practices Affecting Dress and Appearance

3. Accommodation of Religious Expression in the Workplace

One potential area for conflict between employer policies and employee religious practices is dress and appearance. Some religions have standards about appropriate attire for women. Also, some religions expect men to have beards and facial hair, which may violate company appearance policies. ReferenceDessler, Gary.2003. Human Resource Management Tenth Edition. New Jersey: Prentice Hall Mathis, Robert L dan John H Jackson. (2003). Human Resource Management, 10th edition. Thomson South Western, United State of America.http://www.workforce.com/articles/muslim-woman-charges-disney-with-religious discrimination.http://aboutdisneyparks.com/about/around-the-world/disneylandhttp://www.eeoc.gov/laws/types/harassment.cfmhttp://oerc.sdsu.edu/federaleelaw.htmhttp://i-sight.com/resources/6-tips-to-avoid-harassment-and-discrimination-claims/~ 14 ~