This is simply because any act of a supervisor can be construed to be the act of an employer, especially when an employee is impacted on a job benefit. In cases where the employee is not impacted in tangible terms, here the employers can limit the liability under the following defense: a) The employer has been noted to exercise reasonable care for the prevention of any form of harassment, and b) The employee has not taken complete advantage of any preventive measures that have been provided by the employers.
The EEOC General Counsel explains that the cases that involve the English only rule or any restrictive language policies and any language discrimination are given first importance for the commission. As per the EEOC, employers cannot and must not target the workers based on discrimination based on fears, stereotypes or even fear of the language or country of origin. Based on the Title VII, Sears has clearly violated the law, as it clearly explains, no employment discrimination based on any factor like race, age, color, sex, national origin or even religion is allowed. In this case Mary has been fired from the company for speaking in Spanish on the sales floor with a co-worker. This is clearly a violation of the law and clearly shows discrimination against the employees. The fact that the employees are allowed to talk in Spanish with the customers however not with the coworkers, is a clear discrimination. Mary could have been given a warning however, not fired as it is not ethical and completely violates the Title VII and the EEOC rules.
The Bona Fide Occupational Qualifications allows the employers to make discrimination and permits them to employers of American Airlines to discriminate and to make the pilots and flight attendants to work on religious holidays as well. This however is not fair and it is important to understand, when companies prefer to have a diversified work force, it is