Onstitutional Rights and Discrimination

Abdul moves from New York City to a small town in the west, where he is the only Arab-American. He has a difficult time obtaining work, but finally he is hired by the State Department of Transportation to work on a road crew as a flagger. His supervisor, Clyde, is in his fifties and is very patriotic. He takes an instant dislike to Abdul.

Mac is a heavy equipment operator who works with the road crew that Abdul flags for. He has made a number of insulting comments to Abdul, calling him a  raghead, an  Al Queda groupie, and a  fake American. He is consistently rude and hostile towards Abdul.

Being a devout Muslim, Abdul prays five times a day. He times his breaks so that he can pray on a certain schedule. He never takes time off work to pray; however, on his breaks instead of smoking or drinking coffee, he gets on his knees and reads a passage from the Koran silently to himself. He is in no way interfering with anyone s activities or failing to perform his work obligations.

Mac and Clyde are friends and have worked together for over twenty years. When Abdul complains to Clyde, his supervisor, about Mac s insults, Clyde tells him to  toughen up and  get a thick skin. Clyde suggests that if Abdul wants to have an easier time on the job, he should  convert to Christianity and stop praying in public.

One Wednesday afternoon, Mac is angry because Abdul was praying earlier in the trailer where employees take their break.  This is an American trailer, don t be praying to no terrorist God in here or I ll see that you get to meet him sooner than you want Mac yelled at Abdul in front of Clyde. Clyde did nothing in response except laugh.

Abdul is flagging in the construction zone, doing his job properly, later that afternoon. Mac drives his front loader up behind Abdul and lowers the bucket, knocking Abdul on the head and throwing him sideways into a boulder. Abdul loses consciousness and suffers three broken bones in his arm and shoulder, as well as multiple cuts and bruises. He has extensive medical bills.

While in the hospital Abdul receives a pink slip in the mail indicating that he is fired from his job. Abdul s father wants to sue the State Department of Transportation in State Court where the accident took place, claiming discrimination and negligence.

Write a 6 page essay, double spaced in 12 point font. Identify the constitutional rights and issues these facts bring up. You should identify and discuss at least three major issues. Address the issues that an attorney representing Abdul could raise to the Court. Make sure your essay is logically organized and addresses the issues presented.