Federal Laws that Prohibit Discrimination - Assignment Example

Quiz Affiliation What is at will employment? The term at will employment is used to describe relationships between employer and employee where employer does not have to present a formal reason to terminate someone. Employee also can terminate with or without the cause at any time. 2. Identify and discuss three federal laws that prohibit discrimination. Title VII of the Civil Rights Act of 1964 protects people from discriminatory practices which are based on their race, sex, nationality skin color and religion. The Equal Pay Act of 1963 (EPA) assures that men and women get the same wages for the same work and prevents cases of sex-based discrimination at work. The Age Discrimination in Employment Act of 1967 (ADEA) protects people from being discriminated because of their age. The act protects people who are 40 or older. 3. What federal antidiscrimination statutes are considered “the big three” by Gertz (2010)? According to Gertz (2010), “the big three” consists of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. 4. In terms of employment law, what are three competing interests that need to be kept in balance? a. Employee interests (interests of employees do not always coincide with employer’s position). b. Employer interests (employer’s interests are often related to maximizing productivity first and only then meeting the needs of employees). c. Public interests (any organization has an impact on public which has to be considered by employers and employees). 5. What is the Hatch Act? Hatch Act prevents people employed in the executive branch of federal government from engaging in partisan political activities. The Act does not apply to the president and high rank officials. It specifies the list of political activities officials can and cannot engage. 6. What did the Supreme Court seek to do in Board of Regents v. Roth (1972)? In this case, Roth sued Board of Regents because his contract was not renewed. He claimed that it happened because he made critical statements about University administration. The Supreme Court had to decide whether this case included the violation of the first amendment concerning the freedom of speech. 7. What kind of case was Griggs v. Duke Power Company? All employees at Duke Power Company were required to have high school diploma and pass IQ test which was not related to job performance. The court decided that the requirements of the company did not provide equal opportunities for promotion of employees who represented racial minorities. 8. Which amendment guarantees the free exercise of religion? The First Amendment guarantees that all people exercise their religion freely. 9. Employers are required to make what provision for all aspects of religious beliefs and practices that do not impose “undue hardship”? Employers must respect religious practice of their employees. They have to comply with Title VII of the Civil Rights Act of 1964 which lists their responsibilities before employees. They also need to provide accommodation for the employee if it does not cause undue hardships. 10. Sexual harassment is prohibited by what employment law? The Civil Right Act of 1964 prohibits all cases of discrimination based on sex, age, race, nationality and religion. 11. “Loudermill rights” require employers to do what? “Loudermill rights” pose a requirement to have a due process before any employee is fired. Employers need to have a pre-termination meeting with employee and explain the reason why he or she is to be fired. 12. What did the court rule in Branti v. Finkel(1984)? The court ruled that employer could not terminate employees only due to their political beliefs because their rights were protected by First and Fourteenth Amendments. 13. What (2009) public law declares that an unlawful employment practice occurs when: (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid. The Lilly Ledbetter Fair Pay Act of 2009 declares that compensation should not be discriminatory. This public law is based on the case where female supervisor Ledbetter had substantially smaller payment than her male co-workers who sis the same. 14. In Oncale v. Sundowner (1998), what unanimous ruling did the Supreme Court make? The Supreme Court ruled that any discrimination based on sex is prohibited. In the case, Oncale was discriminated by his male employees and had no reaction from supervisor after he had complained about discriminatory action of his co-workers. He quit that job but sued the company. 15. What is the difference between a binding precedent and a persuasive precedent? Binding precedent is a case which is treated as a law. It should be followed by the court. Persuasive precedent is not a law, but it suggests how the case might be reasoned. 16. What is Executive Order 12564? Executive Order 12564 requires all Federal employees not to use illegal drugs and pass a drug test to make sure that they are drug-free. The act promotes rehabilitation of drug users and potential drug users; at the same time, it shows drug users will not be tolerated as employees at Federal agencies. 17. What constitutional provisions protect an employee from unlawful search and seizure? The 4th Amendment protects employees from unlawful search and seizure. These procedures must be judicially sanctioned. Probable cause is also required. 18. The 14th Amendment applies to what level of government? What does it prohibit? The 14th Amendment applies to state and local governments. This amendment prohibits taking away person’s life, property or liberty unlawfully. 19. The ADA prohibits discrimination on the basis of what? ADA prohibits any case of discrimination based on employee’s disability. The law covers employees which mental and physical disabilities. 20. What are three paradoxes concerning the legal arena? Currently there are several paradoxes related to legal arena. First of all, legal professionalism is often substituted by not professional decisions. Harsh policies which are required for legal clarity are substituted by informative guidelines. The last paradox is that organizations prefer to make decisions themselves instead of bringing them to legal arena. Read More