NEED REFLECTION AND DISCUSSION POST OF 500 WORDS IN APA FORMAT WITH 4 CITATIONS AND 4 REFERENCES Reflect on the assigned readings for the week. Ident -

NEED REFLECTION AND DISCUSSION POST OF 500 WORDS IN APA FORMAT WITH 4 CITATIONS AND 4 REFERENCES
Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.
Required Text(s): 1. Jennings, M. (2018). Business: Its legal, ethical, and global environment (11th Edition). Cengage Learning, Boston, MA.
Chapter 19: Management of Employee Welfare
Chapter 20: Management: Employee Discrimination

Also, provide a graduate-level response to each of the following questions:

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NEED REFLECTION AND DISCUSSION POST OF 500 WORDS IN APA FORMAT WITH 4 CITATIONS AND 4 REFERENCES Reflect on the assigned readings for the week. Ident

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Explain what OSHA is, its purpose, and what responsibilities there are under the law. Additionally, explain how it can be violated, and the penalties for any violation.
Peter Plaintiff had his constitutional rights violated by a county sheriffs department. What steps would Peter Plaintiff need to take to seek damages under 42 U.S.C. 1981?
Discuss the major provisions of the Fair Labor Standards Act (FLSA)? Who is exempt from the FLSA?

Chapter 20
Management:
Employment Discrimination
Its Legal, Ethical, and
Global Environment
Marianne M. Jennings

Business
11th Ed.

2017 Cengage Learning. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.

20-1
Employment Discrimination Federal Law

Statute Date Provisions

Civil Rights Acts of 1866 and 1870
42 U.S.C. 1981

Equal Pay Act
29 U.S.C. 206

Civil Rights Act of 1964
42 U.S.C. 1981 1866
1870

1963

1964 Prohibited intentional discrimination based on race, color, national origin, or ethnicity; permit lawsuits

Prohibits paying workers of one sex different wages from the other when the jobs involve substantially similar skill, effort, and responsibility; Wage and Hour Division of Department of Labor enforces; private lawsuits permitted; double damage recovery for up to three years wages plus attorney fees

Outlaws all employment discrimination on the basis of race, color, religion, sex, or national origin; applies to hiring, pay, work conditions, promotions, discipline, and discharge; EEOC enforces; private lawsuits permitted; costs and attorney fees recoverable

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Second level
Third level
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Employment Discrimination Federal Law

Statute Date Provisions

Age Discrimination in Employment Act
42 U.S.C. 6101

Equal Employment Opportunity Act
42 U.S.C. 2000

Rehabilitation Act
29 U.S.C. 701

Pregnancy Discrimination Act
42 U.S.C. 2000e 1967

1972

1973

1975 Prohibits employment discrimination because of age against employees over 40 and mandatory retirement restrictions; EEOC enforces; private lawsuits permitted; attorney fees and costs recoverable

Expanded enforcement power of EEOC

Prohibits employment discrimination on the basis of handicaps

Prohibits discrimination on the basis of pregnancy and childbirth

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Third level
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20-3
Employment Discrimination Federal Law

Statute Date Provisions

Americans with Disabilities Act
29 U.S.C. 12101

Civil Rights Act of 1991
42 U.S.C. 1981

Glass Ceiling Act
42 U.S.C. 2000e

Family and Medical Leave Act
29 U.S.C. 2601

Lilly Ledbetter Fair Pay Act
42 USC 2000a 1990

1991

1993

2009 Prohibits discrimination against the handicapped

Clarifies disparate impact suit requirements; clarifies the meaning of business necessity and job related; changes some Supreme Court decisions (Wards Cove); punitive damage recovery

Creates commission to study barriers to women entering management and decision-making positions

Establishes 12 weeks of leave for medical or family reasons

Changes the recovery period for back pay

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20-4
No Protection Under At-Will Employment Doctrine
Civil Rights Act of 1866
Equal Pay Act of 1963
Title VII of the Civil Rights Act of 1964
Prohibited discrimination in employment on the basis of race, color, religion, sex, or national origin (amended by the Equal Employment Opportunity Act of 1972)
History

20-5
Title VII of the Civil Rights Act of 1964
EEOC created
Federal courts given jurisdiction for suits
Equal Employment Opportunity Act of 1972 expanded power of EEOC
Amended in 1975 by the Pregnancy Discrimination Act
Prohibited discrimination on the basis of pregnancy or childbirth
History

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Age Discrimination Act of 1967
Expanded Title VII protections to include age
Rehabilitation Act of 1973
Prohibits federal contractors from discriminating against the handicapped
Americans with Disabilities Act of 1990
Provides protection for workers with disabilities and imposes requirements for access
History

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Family and Medical Leave Act
Provides family member with right to 12 weeks unpaid leave
Executive Orders: Apply to Agencies and Federal Contractors

History

Employment Discrimination Federal Law
Title II of the Genetic Information Nondiscrimination Act of 2008
Prohibits employers from discriminating on the basis of genetic information
Lilly Ledbetter Fair Pay Act
Effect is to change U.S. Supreme Court decision that imposed a 180-day statute of limitations on pay discrimination cases

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Prohibits Discrimination on Basis of
Race
Color
Religion
National origin
Sex
Pregnancy
Title VII Civil Rights Act

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Application of Title VII
Employers with 15 or more employees (for at least 20 calendar weeks)
Labor unions with 15 members and/or a hiring hall
Employment agencies that work for covered employers
State and local agencies
Title VII Civil Rights Act

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Noncovered Employers
Employment of aliens outside the United States
Religious corporations, when hiring for religious positions
Congress
Federal government (they have a separate scheme)
Indian tribes
Title VII Civil Rights Act

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Employment Procedures Covered
Hiring Fringe benefits
Compensation Rules
Training Working conditions
Promotion Dismissals
Demotions Employment
Transfers agencies referrals

Title VII Civil Rights Act

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Treating Employees or Potential Employees Differently on the Basis of Race
McDonnell Douglas v. Green Established the Required Elements
Plaintiff belongs to a minority group
Plaintiff applied for and was qualified for job
Plaintiff was rejected (despite qualifications)
Job remained open
Employers burden of proof to show nondiscriminatory reason for the non-hire
Disparate Treatment

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Case 20.1 Chescheir v. Liberty Mutual Ins. Co. (1983)
What employer rule is at issue?
Were there examples of disparate use of the rule?
Is there a prima facie case?
Disparate Treatment

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Not Intentional Discrimination
Rule Results in Different Effect on Groups
Example: Dothard v. Rawlinson minimum height and weight requirement for prison guards had the effect of eliminating women
Mostly Statistical Cases Showing Impact
In Wards Cove Packing Co., Inc. v. Atonio (1989), the Supreme Court put greater burdens of proof on Title VII plaintiffs
Disparate Impact

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Civil Rights Act of 1991
Key provisions of the bill include a provision for jury trials in discrimination cases
Provides compensatory damages whereas now the only remedies are back pay and reinstatement
Employers required to carry the burden of business necessity in establishing a defense to a Title VII case
1991 Amendments also require the plaintiff employee to show causation between the practice of the employer and the disparate impact
Disparate Impact

Disparate Impact
Case 20.2 Ricci v. DeStefano (2009)
Deals with use of testing
Tests must be validated
Once used, cannot be ignored
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Pattern or Practice of Discrimination
Generally involves a statistical comparison
Example: 38 percent of work force in a community is black; 6 percent of an employers work force is black
Specific Applications

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Specific Applications
Sex Discrimination: Protective Legislation is Prohibited
Examples: Lifting (30 lbs.) restrictions, safety restrictions, height/weight requirement; ads cannot specify male or female

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Covered by EEOC Guidelines
Employers Must Have Policies on Harassment
Possible Liability for
Demands for sexual favors quid pro quo
Environment of sexual suggestion
Hostile conduct for refusal to provide sexual favors
Verbal or physical suggestions
Sexual Harassment

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Cannot be Fired for Refusal to Accept Sexual Advances
Managers and Companies Have Liability for Failure to Take Action on Complaints of Sexual Harassment
Sexual Harassment

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Case 20.3 Burlington Industries, Inc. v. Ellerth (1998)
When will an employer be held liable for sexual harassment despite a lack of knowledge?
What major issues does the dissenting opinion raise?
Vicarious Liability

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Pregnancy Discrimination Act
Coverage and protections
Cannot require pregnant employee to quit
Cannot demote upon return to work
Cannot refuse to allow employee to return to work
Same sick rules for pregnancy as other ailments
Same insurance coverage
No promotion or hiring refusals because of pregnancy
Specific Applications

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Case 20.4 International Union v. Johnson Controls, Inc. (1991)
Are circumstances given when sex is a BFOQ?
What is the Courts position on tort liability of the company with respect to the fetus?
Sexual Discrimination

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Permitted When Religious Organization is Hiring People as Pastors or for Religious Duties
Employers Must Make Reasonable Accommodations for Employees
Case 20.5 EEOC v. Abercrombie & Fitch Stores, Inc. (2015)
How could Abercrombie & Fitch have accommodated the Plaintiff?
Religious Discrimination

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What is Affirmative Action?
Affirmative action is a remedial step taken to ensure that those who have been victims of discrimination in the past are given the opportunity to get work
It is neither required nor prohibited under Title VII
Any employer can have an affirmative action program; cannot use quotas, but can set goals
Affirmative Action

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Who is Required to Have Affirmative Action Programs?
Those who have been subject to court orders or consent decrees
Those who are state and local agencies, colleges and universities receiving federal funds
Those who are government contractors
Those who are businesses that work on federal projects
Affirmative Action

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Preparing an Affirmative Action Program
Begin with equal employment opportunity statement
Appoint an affirmative action officer
Conduct an internal audit
Establish overall goals and even goals for certain areas
Affirmative Action

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Gratz v. Bollinger (2003)
Grutter v. Bollinger (2003)
The opposite decisions in the case left affirmative actions in admissions in confusion
Fischer v. University of Texas at Austin (2013)
Court sent the case back after holding that universities had a compelling state interest in creating a diverse student body
Affirmative Action: Backlash

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Bona Fide Occupational Qualification (BFOQ)
Qualification of sex or religion is necessary for job
Examples: Pastor of Methodist churches must be Methodist, actors and actresses for parts
Customer preference is not a BFOQ
Defense: BFOQ

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Seniority
Sometimes a valid defense to Title VII
Must be bona fide
Must apply to all employees
Origins of the system cannot be discriminatory
Cannot be used to perpetuate discrimination
Defense: Seniority

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Aptitude
Tests must be validated
Job-related
Do not eliminate certain races
Validate by following employees for correlation between test scores and job performance
Defense: Aptitude

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Misconduct
Defense that there was a valid reason for termination or different treatment
Employer could even use misconduct by employee discovered after termination
Defense: Misconduct

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Case 20.6 McKennon v. Nashville Banner Publishing Co. (1995)
Does Banner deny discriminatory intent?
Is reinstatement a remedy?
Misconduct Limits

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EEOC is Responsible
Five-member commission
Appointed by president/approved by Senate
No more than three from same party
Title VII Enforcement

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Steps in an EEOC Case
Complaint
Filed by employee
Must be done within 180 days from the violation
Filed with EEOC or state agency
Employer is notified of the charge
EEOC has 180 days from filing of complaint to take action
If case not settled within 180 days, employee gets right-to-sue letter
180 days from discriminatory act, and each paycheck is an act Lily Ledbetter law
Title VII Enforcement

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Remedies
Injunctions
Back pay
Punitive damages
Affirmative action
Attorneys fees
Title VII Enforcement

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Age Discrimination in Employment Act of 1967
Applies to employers with 20 or more employees
Protects those who are 40+ years of age
Case 20.7 Gonzalez v. El Dia, Inc. (2002)
What remarks were made about Ms. Gonzalez related to her age?
Why was it not discrimination?
Other Antidiscrimination Laws

Other Antidiscrimination Laws
Equal Pay Act of 1963
Equal pay for equal work
Communicable Diseases in the Workplace
Arline case held that employer could not discriminate on the basis of tuberculosis

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Rehabilitation Act of 1973
Protection for handicapped
Enforced by Labor Department
Must make reasonable accommodations for handicapped
Employers covered:
Federal contacts over $2,500
States and municipalities
Covers: Diabetes, epilepsy, heart diseases, cancer, retardation, blindness, deaf persons, former drug addicts and alcoholics
Other Antidiscrimination Laws

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Americans with Disabilities Act
Applies to employers with 15 or more employees
Required to make reasonable accommodations for handicapped
Cost, size of work force, nature of operations
Cannot use tests to screen out handicapped applicants
Local governments required to make transportation available to handicapped
Other Antidiscrimination Laws

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ADA Obligations
Minimizing an Employers ADA Risks
1. Post notices describing the provisions of the ADA in your workplace.
2. Review job requirements to ensure that they bear a direct relationship to the ability to perform the essential functions of the job in question.
3. Identify, in writing, the “essential functions” of a job before advertising for or interviewing potential candidates.
4. Before rejecting an otherwise qualified applicant or terminating an employee on the basis of a disability, first determine that (a) the individual cannot perform the essential duties of the position, or (b) the individual cannot perform the essential duties of the position without imminent and substantial risk of injury to self or others, and (c) the employer cannot reasonably accommodate the disability.
5. Articulate factors, other than an individual’s disability, that are the basis of an adverse employment decision. Document your findings and the tangible evidence on which a decision to reject or terminate was based; make notes of accommodations considered.

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ADA Obligations
Minimizing an Employers ADA Risks (Contd)
6. Ask the disabled individual for advice on accommodations. This shows the employer’s good faith and a willingness to consider such proposals.
7. Institute programs of benefits and consultation to assist disabled employees in effectively managing health, leave, and other benefits.
8. Check with insurance carriers regarding coverage of disabled employees and attempt (within economic reason) to maintain provided coverage or arrange for separate coverage.
9. Keep disabled individuals in mind when making structural alterations or purchasing office furniture and equipment.
10. Document all adverse employment actions, including reasons for the employment action with respect to disabled employees; focus on the employee’s inability to do the job effectively rather than any relation to the employee’s disability.

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ADA Job Interview Questions and Issues
Legal

Do you have 20/20 corrected vision?

2. How well can you handle stress?

3. Can you perform this function with or without reasonable accommodation?

4. How many days were you absent from work last year?

Are you currently illegally using drugs?

6. Do you regularly eat three meals per day?

7. Do you drink alcohol?
Illegal

1. What is your corrected vision?

2. Does stress ever affect your ability to be productive?

3. Would you need reasonable accommodation in this job?

4. How many days were you sick last year?

5. What medications are you currently taking?

6. Do you need to eat a number of small snacks at regular intervals throughout the day in order to maintain your energy level?

7. How much alcohol do you drink per week?

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Family and Medical Leave Act
Twelve weeks unpaid leave each year for birth or adoption of child, illness of spouse, parent, or child
Must return to same job or equivalent
Other Antidiscrimination Laws

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Companies Must Follow Restrictions of Host Country
UN treaties support equal pay and nondiscriminatory treatment
EU follows all the treaties
The Global Workforce

46 Chapter 19
Management of
Employee Welfare
Its Legal, Ethical, and
Global Environment
Marianne M. Jennings

Business
11th Ed.

2017 Cengage Le

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