Law Paper 3

docx

School

Strayer University *

*We aren’t endorsed by this school

Course

565

Subject

Law

Date

Feb 20, 2024

Type

docx

Pages

Uploaded by PresidentWorld13522

Week 5 Assignment: The Value of Legal Protection in the Workplace Don Powell LEG565- Commercial Law Professor Lori Baggot J.D. November 5, 2023

The Value of Legal Protection in the Workplace Title VII of the Civil Rights Act is in place to best protect employees from various forms of discrimination in the workplace. Title VII is best described as a blanket statement that makes it unlawful for an employer to discriminate against the following: race; color; religion; sex; or national origin (1). Title VII creates a level and fair equal opportunity for the workforce and states that it is also unlawful for an employer to discriminate in any aspect of employment (1). For example, if a company has two employees that have the same tenure, have the same qualifications, and do the same type of work they both should be compensated equally along with being provided with the same benefits as all other employees regardless of their biological makeup or beliefs. Title VII also protects employees by “ making it unlawful to use policies or practices that seem neutral but have the effect of discriminating against people because of their race, color, religion, sex (including pregnancy, childbirth, and related conditions, sexual orientation, and gender identity), or national origin” (1). This means that a company may not, for example, tell an employee that they are required to come to work on a religious holiday they observe while others may not observe that same holiday. This would be a violation of said employee's religious right and could be subject to being reported to The Equal Employment Opportunity Commission for further investigation. The Equal Employment Opportunity Commission The Equal Employment Opportunity Commission (EEOC) plays a crucial role in the enforcement of Title VII, specifically the oversight of work situations (2). These situations include but are not limited to hiring, firing, promotions, harassment, training, wages, and benefits (2). The goal of the EEOC coincides with Title VII where they both strive toward advancing equal opportunity employment as well as eliminating harassment in the workplace. According to 1

the EEOC’s annual performance report, the EEOC resolved over 300 systematic investigations which led to more than $29.7 million in monetary benefits for victims of discrimination (3). The EEOC serves as a liaison between complaints regarding discrimination in the workplace and the Department of Justice (1). When there is to be a potential violation of Title VII it is reported to the EEOC where an employee must first file a Charge of Discrimination before they can file a job discrimination lawsuit against an employer (4). Intentional Discrimination and Unintentional/Unintended Discrimination According to Clarkson and Miller, intentional discrimination by an employer against an employee is known as disparate treatment discrimination (5). If a plaintiff were to sue based on disparate treatment discrimination, they must first make out a prima facie case (5). A prima facie case must establish four aspects for the claim to be presumed true unless otherwise contested by evidence (5). The plaintiff must be a member of a protected class, qualified for the job in question, rejected by the employer, and the employer continued to seek applicants or filled the position with a person not in a protected class (5). At times, not only can prospective applicants claim a prima facie case, but current and former employees can file for a prima facie case if they feel as if they were fired or treated adversely for discriminatory reasons (5). After a prima facie case is established, there is a burden-shifting procedure where an employer-defendant must give a legal reason as to why they did not hire the plaintiff. If the employer cannot provide a reason, the ruling would be in favor of the plaintiff (5). On the other hand, if an employer can provide a legal reason the plaintiff must then show that the defense provided by the employer is false and was truly motivated by discriminatory intent (5). An example of this type of discrimination and prima facie case would be the old hiring process in a male-predominant industry like automotive mechanics. Typically, most mechanics are males however in today’s world, we’re seeing a 2

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

growing trend of female automobile mechanics. Say that Ford Motor Company posts an open interview for five mechanic positions and Amy applies along with four other applicants all of whom are males. All applicants, including Amy, have the same certifications, education, and field experience. After interviewing, Amy gets a call from Ford saying that all the positions were filled, and they felt like having her in the shop would be a liability for other mechanics because she would “create a distraction”. Amy establishes a prima facie case against Ford Motor Company claiming they did not hire her because she is a female. In this case, Amy meets the qualifications to establish a prima facie case because she is a female, applied and was qualified to be a Ford mechanic, was rejected by Ford Motor Company, and the position was filled with male applicants who had the same qualifications but, according to Ford, wouldn’t “create a distraction”. The burden would then be shifted to Ford Motor Company to provide a defense for Amy’s action otherwise Amy would win the case. Unlike intentional discrimination, unintentional discrimination or disparate-impact discrimination is when a protected group of people is affected by an employer’s practices, procedures, or tests, even when it is not directly apparent it is discriminatory (5). Typically, disparate-impact discrimination can be shown by evaluating two company aspects in the hiring process including the pool of applicants and the rate of hiring (5). To file for a prima facie case, the plaintiff shows a connection between practice and disparity which would be an evaluation of the percentage of protected applicants to the employer’s workforce (5). Disparate-impact discrimination can also be proven by ensuring compliance with EEOC guidelines. According to the EEOC, the selection rate for protected classes must be more than four-fifths of the rate for the group with the highest rate of hiring (5). If we use the same example as stated above but, in this scenario, Ford administers a test for the interview to ten white applicants testing their basic 3

knowledge of automobiles for a mechanic position. Of these ten applicants five will be selected to become Ford mechanics. Of the mix of applicants, there are four female applicants and only one was hired to become a Ford Mechanic. Amy, being one of the females not hired, files for a prima facie case against Ford Motor Company claiming the test to be discriminatory. After evaluation of the test, it was found that the rate of hire for the test to only be 25%, and the test was discriminatory. Religious Rights in the Workplace Brian v. Cellular Service Co. Religious rights must be followed by all employers in ordinance with Title VII of the Civil Rights Act. In Brian’s case, the cellular service company he works for is claiming that Saturdays are the biggest sales days, and all sales employees must work weekends. Brian had given notice to his employer that he could no longer work on Saturdays because of his religion. Legally, under Title VII, the cellular service company cannot deny Brian his time off because it would be considered a refusal to make reasonable adjustments that would allow Brian to observe his sincerely held belief in his religion's Sabbath holiday. Based on the legal requirement for the cellular service to Brian, I would suggest that the cellular company rearrange Brian’s schedule so that there is enough staff to handle the influx of sales on Saturdays and give Brian hours to make up on another day of the week or weekend. Whether the resolution is to hire more staff to cover Saturday or streamline the process of sales to be more efficient in closing sales during busy hours, either would ensure Brian’s religious rights are protected and profitability is maintained. However, if the cellular service company does not accommodate Brian’s request and he proves that the cellular service company is being discriminatory toward his religion the company is then required to respond with a defense of their practices. Alternatively, if the cellular service has 4

considered Brian’s request, they may make a counteroffer to Brian to allow him specific time on Saturdays to observe his religion in recognition of the holiday assuming his sincerity. Shift of Burden If an employee succeeds in proving an alleged discrimination, the burden will shift to the employer in defense of their practices or procedures. A few defenses a company may use to shift the burden back to the employee would be a seniority system and bona fide occupational qualification. Seniority systems are a measure of an employee’s tenure with the company and typically will have requirements of X number of years before an employee is eligible for promotion (5). For example, if an employee claims that they were not promoted based on their religion and proves that they qualify for a prima facia case, a company may state that because the employee does not have as many years of tenure as the employee, they promoted the other employee who got the promotion under their seniority system. The burden is then shifted to the employee to prove that the company's seniority system was not the reason for promotion and that the decision was based on their discriminatory claim. The bona fide occupational qualification (BFOQ) defense would be used by a company when a particular trait is essential to the job (5). Race, color, and national origin cannot be considered a BFOQ however religion and an employee’s gender can be considered a BFOQ essential for the job. For example, a Christian Church would only hire a Christian preacher to lead their Church in prayer as opposed to another religion. Some best practices to avoid such lawsuits would be for an employer to become involved with their employees and eliminate concerns before they arise. If a conflict becomes apparent employers should intervene immediately and resolve the issue even if it is an absent complaint. It is also best for employers to avoid race-based or culturally offensive humor or pranks (6). The more proactive a company is, the easier it is to avoid lawsuits like this by 5

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

establishing policies such as a seniority system. The Equal Opportunity Commission offers training directly to companies on EEO principles and to learn about legal rights/responsibility under the anti-discrimination laws (6). 6

Sources 1. The United States Department of Justice . Title VII of the Civil Rights Act of 1964. https://www.justice.gov/crt/laws-we-enforce . 2. Index of U.S. Government Departments and Agencies . Equal Employment Opportunity Commission (EEOC). https://www.usa.gov/agencies/equal-employment-opportunity- commission#:~:text=The%20Equal%20Employment%20Opportunity %20Commission,training%2C%20wages%2C%20and%20benefits . 3. U.S. Equal Opportunity Commission. 2022. Annual Performance Report (APR). https://www.eeoc.gov/2022-annual-performance-report-apr . 4. U.S. Equal Opportunity Commission . Filing a Charge of Discrimination With the EEOC. https://www.eeoc.gov/filing-charge-discrimination . 5. Roger L. Miller. 2021. Business Law: Text & Cases. 6. U.S. Equal Opportunity Commission. Questions and Answers: Religious Discrimination in the Workplace. https://www.eeoc.gov/laws/guidance/questions-and-answers-religious- discrimination-workplace 7

Law Paper 3

Related Documents