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Is this Unlawful Discrimination 1 of 5 A. TO help you understand the application

ID: 239313 • Letter: I

Question

Is this Unlawful Discrimination 1 of 5 A. TO help you understand the application ofthe six s Soderal laws that regine equal rights in employment. These laws are Tile VII of the Givl Rights Acts of 1964a amended by the Equal Empleyment Opportunity Act of 1972 the Civil Rights Ac of 1991, the Equal Pay Act of 1963, the Age Discrimination in Employmest c of 1967 the vocational Rehabilitation Act of 1973, and tht Americans with Disabities Mt of 1990 B. To help you understand the court's interpeetation of these lws C. To help you understand the legal definition of discrimination and the burden of prood placed on defendants and plant IL. OUT-OF-CLASS PREPARATION TIME: 0 minutes IIN-CLASS TIME SUGGESTEDE 45 minutes A. Read the exercise and review the major laws before class B. The class should be divided into groups of four Each group should read each of the incidents thar follew and anwer these questicns L What legal statute(s) apply this case? What issuels) must the court decide in this case . If you were the judge, how would you rule! Did the employer discriminate unlavfully? Why or why not 1. Elaine Mobley worked as a social worker with the Virginia Health Department's child abuse program for two years. Mobley was a member of the nonsectarian Unitarian Universalist durch. During het fest six monthsonth¢jeb. sht dirorend her husband of ten years. Her supervisor,a devout Baptist, encournged ber to discuss ber marital problems with a Christian psychotherapist. On a number of occasions, the supervisor encouraged other employees in the department who were also Baptists to coovert Mobley Some employees held prayer meetings at ber desk hie others gawe ber the silent treatment. Their attempts to coavert Mobley did not stop. At one point, the supervisor made her particpate in a Christian puppet show. Amother time she found a handwritten nule on her desk frem Jesus that read, "How can you speak of God and reject me! I love you and know all about you." Her attendance at work declined because there were days she didn't want to face the stress her work ewironment. Mobley fled a complaint with the director of the ion stating that she was being constantly bombarded with efforts to convert her to & Baptist. Shortly thereaher, Mobley was fired from her job. Moblry filed a lawsuit claiming that she had been fired because of religious discrimination 2Edward Roberts, a black truck driver, applied in person for a tractor trailer truck drive position at a trucking company on March 31, 1998, in response to a newspaper ad pplication listed 22 meaths of prioe experience s a oad driver, He had 0 addiricnal 10 years of experience which he did not list on the application due to a lack of pace on the form. Roberts was meither interviewed nor contacted by the company about the status of his application. In June 2005, Roberts saw an identical advertisement fo tractor trailer truck drivers Upon inquiry, Roberts learned that eight persons (all white) had been hired as truck drivers between Ageil and Jone 2005. All of the hirees had le than 22 months of driving experience. The company contended that Roberts as not hired because no opening exsted whm he applied. Roberts filed a discrimination complaint in District Court Thelma Jones had worked at a large public accounting firm for ive years when the partners proposed her as candidate for Partenhip. Of the 662 Partnes in thr fem, seven were women. Of the 88 persons proposed that year, Jones was the only woman Forty-seven were admited to partnenship, 21 were rejected, and 20, including Jonn, were held for "reconsideration. Thirteen of the 32 partners who submined comments oe jones's performance supported her candidacy, three recommended holding her applica ion, eight stated that they had insubicient nowledge to comment, and eight com mended denial While the partnes praised her outstanding performance, both supporters and opponents of her candidacy indicated that she was sometimes overly aggressive unduly harsh, diclt to work with and impatione with saff One partser described her "mao. In a meeting with a senior partner about her candidacy, she was told that t impeove ber chances for partnership, she should walk more femininely, talk more femininely, dress more femininely, wear make-up, style her hair, and wear jewelry When the partners refused so recomsider ber candidacy the following year, she sued the m, charging sex discrimination.

Explanation / Answer

1-Title VII of the Civil Rights Act of 1964 forbids companies with at less than 15 workers, as well as service activities and unions, from discriminating in service grounded on race, color, religion, sex, and national origin. It also forbids reprisal in illogicality of peoples who protest of judgement or contribute in an EEO examination. With admiration to faith, Title VII forbids:

A-treating candidates or workers otherwise based on their spiritual principles or practices – or nonexistence thereof in any feature of service, including staffing, engagement, projects, discipline, elevation, and welfares

B-subjecting workers to annoyance because of their spiritual opinions or performs – or nonexistence thereof – or since of the spiritual practices or principles of individuals with whom they subordinate

C-denying a demanded sensible lodging of an candidate’s or operative’s honestly held spiritual principles or performs – or lack thereof – if an housing will not execute more than a cost or weight on occupational processes; and,

D-retaliating in contradiction of a candidate or operative who has involved in protected movement, counting contribution.

2- Court decisions offered down through the ages have strongminded that a company's accountability not to distinguish founded on race commences even before a discrete is employed. Corporations can be held accountable if pre-employment transmission or taxing is resolute to be biased, if requests ask improper queries intended to shade for competition, or if the complete assortment procedure is thought to be partial. One of the chief pointers that racial judgement has happened in the signing procedure includes the experiences of the job candidates. While a small change in experiences amid a underground and white candidate does not mechanically designate racial prejudice, a considerable change in experiences has virtually continuously been supported by the judges as a unquestionable symbol of racial judgement.

3- The maximum noteworthy law cover racial discrimination on the profession is the Civil Rights Act of 1964 exactly, Title VII of that act: it firmly excludes all approaches of discrimination on the foundation of race, color, religion, sex, or nationwide derivation in all features of service. Printed during an uncontrolled period in American antiquity when numerous individuals predictable the federal administration to accurate social damages, the commandment was a monumental portion of lawmaking that altered the American service landscape. I would abide by this.

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