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.
1. 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:
I. Sexual harassment – quid pro quo
II. Sexual harassment – hostile environment
III. Religious harassment
IV. Racial harassment
2. Explain the difference between sexual harassment, gender discrimination, and sexual orientation discrimination, as those terms are used legally.
3. How does GINA protect a person whose mother died of breast cancer from employment discrimination?
4. 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.
5. 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.)
6. Can an employer require that only females serve female customers and only males serve male customers? Explain your answer using legal terms.
7. How many employees must an employer or company have working for it to be subject to:
I. the ADA
II. Pregnancy Discrimination Act
III. Title VII
IV. IRCA
V. 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.
List of U.S. Supreme Court Cases:
Vance v. Ball State University. http://www.supremecourt.gov/opinions/12pdf/11-556_11o2.pdf (Links to an external site.)Links to an external site.
University of Texas Southwestern Medical Center v.
Questions for answering.
1. Explain briefly, the statute(s) (law or act) which was in question in your case, the facts of the case, and why the parties were in court. What was each party asking the court to do?
2. What did the court decide in your case and what will be the results of that decision? (i.e. who won, and was the win final or did the court send the case back to the lower court system to re-decide an issue?)
3. In what way did this case create, change, or shape the employment landscape for employers as a result of the decision made? Did this change help employers or employees the most? Explain.
4. Do you agree with the decision in the case you referenced? In other words, do you think that employment law was made better and stronger, or weaker and less effective as a result of this case? Write at least one full paragraph that supports your opinion.
