The Case of Claire Tomkins: Business Law ( Perfect to the point answer 320 words +citation) - 75895

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Business Law : Case of Claire Tomkins vs. Employer

Although the case appears to be a clear example of employment discrimination because of political beliefs, Claire Tomkins may not have the law behind her. Many people believe that the right to political belief is guaranteed by Title VII of the Civil Rights Act of 1964 or even under the first Amendment. However this is not true as Claire is a Private Sector Employee and not a Federal or State Government Employee. “Only a mere handful of states (California, New York, and Washington, DC) have laws specifically making it illegal to discriminate on the basis of an employee's political activity or affiliation, while two more states (Colorado and North Dakota) prohibit discrimination on the basis of "lawful conduct outside of work”. Some cities (such as Seattle, Lansing, MI, and Madison, WI) also bar discrimination by private employers on the basis of political orientation, ideology, or similar terms” (workplacefairness.org, 2012).

However, as Claire has got a good record with no disciplinary action and has been awarded bonuses and incentives and since she attends the club outside the official work hours, if the club she belongs to is not radical (like the KKK) and she has not used the official mail system for promoting her party’s interests, she stands a good chance of winning the suit by suing for perjury and arguing that everyone uses a little of company’s mail system  and if that is a ground of getting fired, everyone should be fired.

The bottom line is that unless Claire Tomkins is a Government employee or is a resident of any of the cities or states mentioned above, she has a fair chance of winning or losing. Claire should take advice from an employment lawyer or ask her state /federal authority for anti-discrimination, what she should do now.

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Reference:

Workplace Fairness (December 1, 2012) “Retaliation: Political Activity” Accessed on 22/10/2014

             from the Internet < URL: http://www.workplacefairness.org/retaliationpolitical#1>