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Off The Job Behavior Case Study

¶ … Job Behavior Oiler's employee rights were certainly violated by Winn-Dixie. They were not only out of step with basic political correctness in this decision, but they also showed no empathy for the private life of an employee. In addition, they did not consider how this firing would reflect on them or how it would influence customer perception of their business. This firing must be separated from debating the morality of cross-dressing, or whether alternative gender identity has the potential to compromise the values of a family organization. Rather, it is an issue of human rights, given that Oiler was quietly and privately practicing freedom of expression through his manner of dress. Unless Winn-Dixie could prove some concrete way that his actions adversely affected his job performance, their treatment of him was unjustified.

Though there are legal arguments that could back up Winn-Dixie's treatment of Oiler, it represents very short-sighted thinking on their part. In fact, there is a lobbying effort on the federal level to pass a bill called the "Employment Non-Discrimination Act" to protect those who identify as LGBT from employment discrimination. It states, in part, "It shall be an unlawful employment practice for an employer…to discharge any individual, or otherwise discriminate against any...

Thus it is evident that the world is changing, specifically with regard to how an individual's gender or sexual identity is to be treated by employers. Just as it is unacceptable to discriminate based on gender, race, or ethnicity, it will be to discriminate based on gender identity.
2. Organizations have to be careful of running into several serious consequences when they evaluate and pass judgment on their employees' private lives. The work-life balance is becoming more difficult to navigate with technology making it easier to blend home and work spheres. As such, employers probably have more access than ever to learn about their employees' private pursuits and more reason than ever to ignore them (provided that the employee is exemplary in all job-related matters). Namely the employer could suffer a wrongful termination lawsuit or other similar charges of discrimination, as in the case of Winn-Dixie. It could also risk missing out on an employee's skills and talents because of prejudgments made based on learning about an employee's personal life. It could also create an overall environment of harassment and unease among employees.

On a broader level, customers may turn away from…

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References

Employment Non-Discrimination Act of 2007, H.R.2015, 110th Cong., Library of Congress

(2007).

HRC. (2011, July 12). Employment Non-Discrimination Act. Human Rights Campaign.

Retrieved July 15, 2011, from http://www.hrc.org/laws_and_elections/enda.asp
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