Иностранный язык (английский). Political and social matters. Учебно-методическое пособие

crisis, many Muslims have tried to seek invisibility by extreme measures such as dissimulation, passing as members of other ethnic groups or religious affiliations (as American blacks did after Reconstruction), or even using peroxide to lighten their skin, as was reported of some women during the Iranian Revolution. The learned response is that visibility at such times invites further discrimination. All the studies [in this collection] confirm that it is more the cultural and political affirmations being promoted by various groups in the name of Islam and less the religion of Islam that cause fear and concern.

However, Muslims in a number of countries are also coming to learn that affirming their rights as citizens in visible reaction and response to negative portrayals of Islam can be very effective. It not only consolidates the community in a visible way, but it serves as an effective counter to the continued propagation of negative images. The Council for American Islamic Relations in the United States, for example, has done a great deal to raise the visibility of American Muslims, both immigrant and African American, precisely through its efforts to identify and redress instances of discrimination against Muslims in the workplace, in schools, in hospitals, and in other public contexts. African American prison inmates have fought what they perceive to be prejudicial circumstances by using the legal system to gain recognition for Islam and to achieve the right to eat, fast, dress, and pray in an Islamic manner. The result has been a raising of consciousness about Islam, and even a growing appreciation for the faith, in ways that are unprecedented on the American scene.

Events overseas have also precipitated violent attacks on the Muslim community (such as mosque burning, bombing, and trashing), which have sometimes evoked a sympathetic and helpful response from many churches and synagogues. Religious institutions have worked cooperatively to repair and rebuild mosques and have helped foster a community image of a moderate and socially responsible Islam. Arguably, it is the very visibility of Islam that has made it the targets of such attacks, particularly in times of international crisis. Ironically, perhaps, the more extreme such violence has been, the more it has served to enhance both the cohesion of the community and the community‟s willingness to be visible, as well as bring about the cooperation and recognition of other civic and religious groups. As both the visibility and clout of Muslims have increased, the Muslim community has become recognized as a legitimate part of various national identities.

71

Text 2

Questions and answers about the workplace rights of Muslims, Arabs, South Asians, and Sikhs under the Equal Employment Opportunity Laws

Since the attacks of September 11, 2001, the Equal Employment Opportunity Commission (EEOC) and state and local fair employment practices agencies have documented a significant increase in the number of charges alleging workplace discrimination based on religion and/or national origin. Many of the charges have been filed by individuals who are or are perceived to be Muslim, Arab, South Asian, or Sikh. These charges most commonly allege harassment and discharge.

Hiring and Discharge

I am a South Asian woman from Bangladesh. I applied for a job at a bakery and had a phone interview with the manager. She seemed to like me a lot and she offered me the job over the phone. When I came in to work the first day, she appeared to be startled by my appearance. I have dark skin and wear a hijab. She brusquely stated that she had found someone "better suited to the job" and sent me home. I don't know what to do about this.

An employer may not refuse to hire someone because of his or her religion, national origin, race or color. However, it is often difficult to find out exactly why a person was not hired for a job. In your situation, it appears that you were sent home because the employer had a negative reaction to your hijab, which you wear as part of your religious and/or cultural identity. But the only way to really know is to get more facts. You can ask the employer for an explanation of its business reasons.

Let's assume that when the employer saw you wearing your hijab, she worried about how her customers would feel about it. Customer preference is never a justification for a discriminatory practice. Refusing to hire someone because customers or co-workers may be "uncomfortable" with that person's religion or national origin is just as illegal as refusing to hire that person because of religion or national origin in the first place. Similarly, an employer may not fire someone because of religion and/or national origin. This prohibition applies to other employment decisions as well, including promotion, transfers, work assignments and wages.

Harassment

I am an Arab American man and have been a salesman at a large car retailer for five years. After September 11, my coworkers stopped talking

72

to me, and there has been a lot of tension. One coworker started calling me names like "camel jockey" and "the local terrorist." I used to have a good relationship with my coworkers and enjoyed my job, but now I dread coming to work each day. What can I do about my situation?

Racial and/or ethnic epithets and general workplace hostility can amount to unlawful harassment. While many employees feel powerless in this situation, the important thing to remember is that you have options. Even if your situation does not amount to illegal harassment, you can still take steps to try to improve the situation by communicating with your employer about it.

Coming up with an acceptable solution to the problem depends on your specific circumstances. If you have had a good relationship with these coworkers in the past, perhaps the most effective approach would be to discuss the conduct directly with them. On the other hand, if you are uncomfortable talking with them about it, or if the harassment has continued for an extended period, you should notify your employer about the harassment. Your employer is legally required to take steps to end harassment. Follow the employer's complaint procedure, if it has one, or notify a manager or other company official. If you are worried that your coworkers might retaliate against you for complaining, you should know that your employer has a legal duty to protect you against retaliation.

Employers can do different things to address these types of situations. The employer may decide to sit down with both you and your coworkers and explain why the comments are unacceptable. Since, in your situation, there is also overall workplace tension, another option would be training for all employees addressing harassment in the workplace. If there is no improvement in your coworkers' conduct, your employer may choose to punish the harassers for their behavior. The bottom line is that the employer must take action that effectively ends the harassment.

Religious Accommodation

I am a computer specialist at a software company downtown. As a devout Muslim, I am required to attend prayer services at my mosque for a short period on Friday afternoons. Obviously this conflicts with my work hours. Can I ask for the time off to attend services?

You can ask your employer for permission to attend services. When an employer's workplace policies interfere with its employee's religious practices, the employee can ask for something called a "reasonable accommodation." A "reasonable accommodation" is a change in a workplace rule or policy to let you engage in a religious practice. Your employer is required to provide you with such an accommodation unless it would impose an undue hardship on the employer's business. This means

73

the employer is not required to provide an accommodation that is too costly or difficult to provide. The key is that you should work closely with your employer in finding an appropriate accommodation.

Whether your employer can accommodate your religious practices will depend upon the nature of the work and the workplace. Usually your employer can allow you to use lunch or other break times for religious prayer. If you require additional time for prayer, your employer can require you to make up the time.

There are many situations in which the accommodation of Islamic religious practices may not impose a monetary or administrative burden on the employer for example, allowing an employee to utilize appropriate space for prayer. However, each situation is different. If the accommodation would impose a burden on the employer that cannot be resolved, the employer is not required to allow the accommodation.

I am a Sikh man and the turban that I wear is a religiously-mandated article of clothing. My supervisor tells me that my turban makes my coworkers "uncomfortable," and has asked me to remove it. What should I do?

If a turban is religiously-mandated, you should ask your employer for a religious accommodation to wear it at work. Your employer has a legal obligation to grant your request if it does not impose a burden, or an "undue hardship," under Title VII. Claiming that your coworkers might be "upset" or "uncomfortable" when they see your turban is not an undue hardship.

After-reading tasks Answer the questions:

1.Why are Muslims frequently portrayed in a bad light by American/Western media? Which factors have encouraged such negative attitudes towards Muslims?

2.Why do Muslims often become victims of overt and covert discrimination?

3.Which efforts do Muslims take to enhance public image of the community?

4.Which measures are taken to combat discrimination on the grounds of religion by the members of community/representatives of legal organizations/governments?

__________________________________________________________

Exercises:

I. Fill in the gaps with the correct form of the verbs: to aggravate, to pose, to look for scapegoats, to precipitate, to foster, to stigmatize, amount to

74

нападения, вызывать/пробуждать полный сочувствия отклик/реакцию, приспособленчество/маскировка, содействовать имиджу умеренного и социально-ответственного Ислама, улучшать/ усиливать сплоченность/ единство общины, приводить к сотрудничеству и признанию гражданских и религиозных групп, влиятельность/связи/пробивная сила;

б) носить хиджаб, посещать молебен, предъявить обвинение, обвинять в притеснении/преследовании, оправдание дискриминационных действий, враждебное отношение на рабочем месте, возлагать чрезмерные тяготы на бизнес работодателя, являющийся обязательным согласно религиозным требованиям.

IV. Match the words with their definitions:

Equal Employment Opportunity

Pre-reading task

1.Have you ever felt that your age, disability, ethnicity, sexual orientation or religion has prevented you from getting a job?

2.Have you ever witnessed unfair treatment against someone on these grounds?

Read the text. Answer the questions below the text.

Text 1

Combating discrimination in the EU

Article 6 of the Treaty of Amsterdam states that the European Union "is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms – principles which are common to the Member States." In 1997, the Member States reinforced the Union's capacity for

76

upholding these principles by introducing Article 13, which conferred on the Community the competence to "take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation." The insertion of Article 13 was directly followed by the Commission's proposal of an "anti-discrimination package", which included the Community Action Program to Combat Discrimination and both the Racial Equality Directive and the Employment Equality Directive.

These Directives, adopted in 2000, prohibit discrimination, harassment and victimization in employment and training on the grounds of religion or belief, disability, age or sexual orientation. They also prohibit discrimination on the grounds of race or ethnic origin, in employment and areas beyond such as education, social security and social advantages, including housing and healthcare, and access to goods and services. While many European countries already had legislation against discrimination, the new laws aim to establish a consistent set of rights and obligations across the Union. This implies that victims of discrimination, harassment or victimization can now take action, and those involved in discriminatory practices can be held accountable, although how this is done will vary from country to country.

Employers across the Union are increasingly taking an interest in diversity, not only to comply with legal requirements but because diversity brings many benefits to businesses. Diversity policies can form part of companies' broader strategy to build up human capital and encourage creativity and innovation, enhance a company's reputation and corporate image, provide employers with access to non-traditional labour pools and help them attract and retain high quality employees, and give companies a "cutting edge" in their dealings with customers, suppliers, shareholders and other stakeholders in today's multicultural and global markets. Providing a discrimination-free working environment can also help companies avoid the costs of litigation, high labour turnover and absenteeism. The legal requirements set out by the Racial Equality Directive and the Employment Equality Directive should therefore be seen as tools that will help companies reap the benefits of diversity.

The new rules apply to all private and public sector employers and employees. Employers will need to review their employment practices to make sure that they are not discriminating directly or indirectly in any of the stages of the employment contract, from recruitment through to termination. Employees and staff working for organizations also have responsibilities not

77

to discriminate. They need to ensure that they comply both with the detail and spirit of the law, as individuals acting in a discriminatory way could also be subject to legal action by a victim.

Answer the questions:

1.Which guiding principles is the European Union founded upon in accordance with Article 6 of the Treaty of Amsterdam? Were there any changes in the EU legislation against discrimination?

2.Which concrete steps were taken to combat discrimination in the EU?

3.What do the new laws against discrimination imply?

4.How can employers benefit from „diversity‟ policies?

Text 2

Read the text. Answer the questions below the text.

Gender equality

Equality between women and men is a fundamental right, a common value of the EU, and a necessary condition for the achievement of the EU objectives of growth, employment and social cohesion. Although inequalities still exist, the EU has made significant progress over the last decades in achieving equality between women and men. This is mainly thanks to equal treatment legislation, gender mainstreaming and specific measures for the advancement of women.

A large body of European legislative texts is dedicated to equality between women and men. This is mainly made up of various Treaty provisions and Directives concerning access to employment, equal pay, maternity protection, parental leave, social security and occupational social security, the burden of proof in discrimination cases and self-employment. The caselaw of the European Court of Justice is another key element.

The Roadmap for equality between women and men 2006-2010 sets out six priorities for EU action in the field of gender equality for the period 2006-2010. One of its priorities is the achievement of equal economic independence for women and men. Eliminating the gender pay gap is one of the key actions under this priority. The Roadmap underlines the need for collective action to tackle the gender pay gap.

Progress concerning equality between women and men in the EU is measured every year and presented in a Report on Equality between women and men. Some examples are:

The employment rate of women increases but remains lower than men's, although women represent a majority of students and university graduates.

78

Women continue to earn on average 17.4% less than men for every hour worked and this figure remains stable.

Women are still very under-represented in economic and political de- cision-making positions, although their share has increased over the last decade.

The division of family responsibilities is still very unequal between women and men.

The risk of poverty is higher for women than for men.

Women are the main victims of gender-based violence and women and girls are more vulnerable to trafficking of human beings.

Answer the questions:

1.Which measures are taken to achieve equality between women and men in the EU?

2.Can you think of a number of factors that explain the existence of the gender pay gap? Can you continue the list of possible answers: the undervaluing of women’s work, segregation in the labour market, traditions and stereotypes, balancing work and private life?

3.Why is it important to tackle the gender pay gap? Do you agree that closing the gender pay gap benefits employers and workers/gives greater profitability to the economy as a whole/promotes social justice and equal opportunities?

Language discrimination

Read the text and answer the questions. Make a summary of the text. Governments throughout the world often use language as a political

weapon against ethnic minorities within their borders.

Generally this means that the ethnic language is forbidden from being used in formal situations, such as in schools or legal procedures. Such ideas have even been proposed in California where native-English speakers are frightened of losing their supremacy to Spanish-speaking immigrants. In Britain too, Welsh and Irish political prisoners have been refused permission to speak with visitors in their own languages.

Some minorities rebel, like the Basques in Spain, who use their linguistic differences with Spanish as a reason for becoming an independent state.

Whereas most governments try to discourage the use of ethnic languages, the South African government actually used to encourage them. By denying Black Africans the right to learn English, they prevented them from getting positions of power and with communicating with the outside world.

79

Answer the questions:

1.Are there any linguistic minorities in your country? How are they related?

2.Should all immigrants to a country learn their new country‟s language? Do you associate people who speak your language badly with ignorance or poverty?

3.Should immigrants or linguistic minorities have the right to have their school lessons taught in their native language?

4.Should the host country try and protect its own language against those of its immigrants, e.g. by making the use of its own language mandatory in all official contexts (e.g., in court, marriage ceremonies, applying for bank loans)?

5.Do people feel more kinship for people who live in the same country as them or people who speak the same language as them?

Petty crime

Pre-reading task

Practice the pronunciation of the following words:

misdemeanor, misdemeanant, felony, indictable offence, assault, turpitude, punishable

Read the text, look up the words and expressions in bold and give their definitions. Make true or false statements to the text.

A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions (also known as regulatory offenses). Many misdemeanors are punished with monetary fines. Usually only repeat misdemeanor offenders are punished by actual jail time. It is highly unlikely that a first time misdemeanant will serve any jail time. It is likely that if you are convicted of a misdemeanor that it will be expunged.

In the United States, the federal government generally considers a crime punishable by two-and-a-half or fewer years in prison to be a misdemeanor. All other crimes are felonies. Many states also follow this.

The distinction between a felony and misdemeanor has been abolished by most other common law jurisdictions (e.g. Crimes Act 1958 (Vic., Australia) s. 332B(1), Crimes Act 1900 (NSW., Australia) s. 580E(1)). Those jurisdictions have generally adopted some other classification, e.g. in Canada, Australia, the Republic of Ireland and the United Kingdom, the crimes are divided into summary offences and indictable offences.

80