Explain the difference between sexual harassment, gender discrimination, and sexual orientation discrimination, as those terms are used legally

Week 6: Employment Discrimination Research Paper

Your course project for this term is to write a 6-8 page, double-spaced mini-research paper, with your subject as Employment Discrimination. Everything you need to know about the project resides on this tab.

Your project requires at least three (3) outside resources besides the textbook. Your paper must be written in APA format, include a title and reference page, and reference your sources both internally (parenthetically) and in the reference page. Please use the APA template in doc-sharing to complete your work.

Employment discrimination law is about prohibiting or encouraging behaviors in the workplace regarding differences in people. It has evolved over the years significantly, and the passage of Title VII, the US. Civil Rights Act, has made more changes to how the US defines the right to work free from harassment and discrimination, than any other law, case, or regulation in the nation. This project has three parts. Part 1 asks you to answer eight questions about employment discrimination. Part 2 asks you to pick one US Supreme court case from a list, to discuss. Part 3 asks you to review pending legislation regarding employment discrimination, and provide a few details about one currently pending (i.e. not yet passed) bill in either your state, or the federal government. Remember, the focus of the project is on employment discrimination.

Project Part 1:

Answer each of the following 8 questions, in 1-2 paragraphs each. You can use your textbook, or other outside sources to answer these questions. Do not write a book – answer the questions succinctly.

What must a person who is claiming they were harassed in the workplace allege in order to first state a case with the EEOC for each of the following types of harassment: Sexual harassment – quid pro quo Sexual harassment – hostile environment Religious harassment Racial harassment Explain the difference between sexual harassment, gender discrimination, and sexual orientation discrimination, as those terms are used legally. How does GINA protect a person whose mother died of breast cancer from employment discrimination? Provide one example of a behavior that could be found to be both a hostile environment and quid pro quo forms of sexual harassment at the same time. Explain how a person could argue that this behavior at work was illegal. Give the main legal reason why every company should have a valid written policy against all forms of harassment (besides the fact it is the “right” thing to do.) Can an employer require that only females serve female customers and only males serve male customers? Explain your answer using legal terms. How many employees must an employer or company have working for it to be subject to: the ADA Pregnancy Discrimination Act Title VII IRCA GINA Assume you work for a company that has a sexual anti-harassment policy, but not a religious, sexual orientation, or racial anti-harassment policy. Write a one-two paragraph statement to your boss (the HR Director), as to why you believe it would make sense to revamp the policy to include other forms of harassment. Include one example of a real situation where a policy may have protected a company from liability or stopped harassment from happening. (You will find case examples on the EEOC website). Cite that case/situation in your memo to your boss. Provide the amount of damages/fines the company in your example case had to pay as a result of failing to protect an employee from discrimination. Project Part II. Employment Discrimination Cases.

Many court cases on employment discrimination have shaped, created, and changed the employment landscape. Some protect employees from discrimination, and many protect employers from liability. Settlements and trial court cases do not create legal precedent or changes in the law. However, appeals court cases, and especially the U.S. Supreme Court Cases, do change, shape, and create new law, when statutes are interpreted in binding ways. Pick ONE case from the following list. Read the case. Answer each of the FOUR questions following the list of cases and place them in your Project Part II. Be sure to identify WHICH of the cases you selected.


 

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