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9 November 2020

Nicholas v. Azteca Restaurant.

Facts: During the period that Nicholas Sanchez had been working at Azteca Restaurant, he had
been subjected to mockery and insults a couple of times. He had reported this to his employer but
the employer seemed to have done little to stop the vulgarities that were being hurled at him.
Azteca policy had prohibited other employees conduct of sexual harassment and retaliation
towards their colleagues. Title VII has not addressed actions on harassment by a person of the
same sex. The manager had addressed Nicholas case lightly because despite the actions of other
employees were against the restaurant's policy, he didn’t see it being addressed on Title VII.
Issue: The employee Nicholas had brought up a case to sue his fellow employees who were
harassing him because of his gender orientation which was not covered by Title VII. He claimed
that the employer had done little to stop the harassment.
Rule of Law: The rule of law dictated that; under Title VII, it is unlawful for an employer to
discriminate against any individual concerning his compensation, terms, conditions, or privileges
of employment because of sex. Discrimination has not been prohibited based on sexual
orientation under Title VII, I would disagree with this and advocate for discrimination on sexual
orientation to be added to Title VII
Application: The court conducted an investigation and found out that the working environment
at Azteca was not hostile. It was the language that was being used on Nicholas that got him
feeling harassed. The court also found out that the manager at Nicholas workplace took little
action despite Nicholas having complained to him numerously.
Conclusion: The court concluded that sexual harassment is actionable under Title VII. The court
agreed with the employee that this constituted a violation of Title VII even though the employee
was gay. The VII should be revised and new adjustments made to it, like adding harassment on
sexual orientation to be penalized. People should live in a free world that they should not get
mocked or humiliated because of sexual orientation. At any workplace, the managers should take
serious action on any complaint against sexual harassment.
Citations
i. Bennett-Alexander, Dawn D. Employment law for business. Irwin, McGraw-Hill, 1998.