Mohamed Arafi, a naturalized U.S. citizen from Morocco, works as a valet dry cleaner for the Mandarin Oriental Hotel in Washington, D.C. In December 2010, a supervisor allegedly prohibited Arab or Muslim workers from going on floors occupied by a delegation of Israeli diplomats. The supervisor allegedly told Arafi, “You know how the Israelis are with Arabs and Muslims.” Arafi says he complied with his supervisor’s instructions but consequently lost out on tips. He subsequently complained to another supervisor and the hotel’s director of human resources. Arafi says his work hours were cut, and that his colleagues said demeaning things about Muslims to him after the incident became known to them. Arafi brought suit under Title VII, alleging disparate treatment resulting in an adverse employment action (the loss of tips), as well as retaliation. The Mandarin Hotel claimed a national security exemption. Would either of Arafi’s claims be successful? Would the Hotel’s? [Arafi v. Mandarin Oriental, No. 1:11-CV-01553, U.S. District Court, District of Columbia (June 6, 2012).] Would either of Arafi's claims be successful? (national origin, religion, color, & race)
Mohamed Arafi, a naturalized U.S. citizen from Morocco, works as a valet dry cleaner for the Mandarin Oriental Hotel in Washington, D.C. In December 2010, a supervisor allegedly prohibited Arab or Muslim workers from going on floors occupied by a delegation of Israeli diplomats. The supervisor allegedly told Arafi, “You know how the Israelis are with Arabs and Muslims.” Arafi says he complied with his supervisor’s instructions but consequently lost out on tips. He subsequently complained to another supervisor and the hotel’s director of human resources. Arafi says his work hours were cut, and that his colleagues said demeaning things about Muslims to him after the incident became known to them. Arafi brought suit under Title VII, alleging disparate treatment resulting in an adverse employment action (the loss of tips), as well as retaliation. The Mandarin Hotel claimed a national security exemption. Would either of Arafi’s claims be successful? Would the Hotel’s? [Arafi v. Mandarin Oriental, No. 1:11-CV-01553, U.S. District Court, District of Columbia (June 6, 2012).]
- Would either of Arafi's claims be successful? (national origin, religion, color, & race)
- Would the hotel's national secuirty exemption qualify as a BFOQ?
- What about the retaliation claim?
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- Would the hotel's national secuirty exemption qualify as a BFOQ?