Discussion Question Part I Select ONE of the scenarios below and explain the bes

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Discussion Question Part I

Select ONE of the scenarios below and explain the best solution.

Scenario 1 – Employment Discrimination

The Daiquiri Shak is a small casual pub located in YOUR STATE. The business is privately owned and has 20 employees. Frankie, a 45 year old openly lesbian applicant for a position as a bartender was denied the position. Frankie was highly qualified, with many years of experience in waitressing and bartending. Briana, a 25 year old college student was hired. Briana worked as a waitress and bartender at Hooters for 2 years.

Research the state laws on non-discrimination in YOUR STATE.   

Using federal law and YOUR STATE law, discuss the probable outcome of a discrimination lawsuit based on sexual orientation.

Using federal law and YOUR STATE law, discuss the probable outcome of a lawsuit based on age discrimination

Scenario 2 – Equal Employment Opportunity

Tom Coats, a white man, was employed by the Shelby County School System (SCSS) in Memphis, Tennessee as a school counselor. Because of a drop in enrollment and reduced budget, Coats and some other counselors were laid off in order of seniority. The school system decided to retain Jackie Smith, a counselor with less seniority than Coats because she was the only black person assigned to the western part of the school district. However, there was no racial imbalance in the total employment of school counselors. Coats was rehired 18 months later but claimed he was the victim of reverse discrimination. His lawsuit requested $83,630 in back wages plus $36,000 in attorneys’ fees and other expenses.

Discuss the arguments for each party, determine the outcome of the case and support the answer with appropriate laws, cases and examples.

Discussion Question Part II

Select two of the seven topics from the list below. As a FOOD TRUCK COMPANY, explain how your company will handle the issues related to the topics you select.

Discrimination based on sexual orientation

Independent contractors

Negligent hiring

Union organization

Employee use of social media

Drug testing of employees

Electronic monitoring of company-owned computers, cell phone and/or vehicles

Explanation / Answer

Discussion Question Part I

Scenario 1–Employment Discrimination

Research the state laws on non-discrimination in YOUR STATE.   

Federal law

State Laws on Employment-Related Discrimination – (from National Conference of State Legislatures)

The state laws offer the protection of Federal Civil Rights Laws, but also offer additional protections against discrimination. I have used state law in Florida (since the student has not mentioned his state)

E.g. In Florida, the organization should have 15 or more employees and discrimination also includes a medical condition like sickle-cell trait apart from regular discriminatory factors given in federal law such as race, religion, gender etc

Using federal law and your state law, discuss the probable outcome of a discrimination lawsuit based on sexual orientation.

Title VII of the Civil Rights Act of 1964 -prohibits against sex discriminatory practices like -

On the basis of sexual orientation, Frankie would win the claim because she is equally or actually more than qualified for the position than Briana

, Frankie would win the claim that she has been discriminated on the basis of sexual orientation because

Using federal law and YOUR STATE law, discuss the probable outcome of a lawsuit based on age discrimination

Age Discrimination in Employment Act of 1967 (ADEA),- protects individuals who are 40 years of age or older;

, Frankie would win the claim that she has been discriminated on the basis of Age Discrimination because

Discussion Question Part II

Handling the issues of Discrimination based on sexual orientation

Establishing transparency in organization helps to avoid discrimination practices

Handling the issues of Negligent hiring

Negligent hiring-based on the concept that employers have the duty to protect their employees from any harm caused by company’s own employees. This even for contract and sub-contract employees. Employees can sue employers for any harm caused by other employees

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