Your project requires at least three (3) outside resources besides the textbook. Your paper must be written in APA format, include a title and reference page, and reference your sources both internally (parenthetically) and in the reference page. Please use the APA template in doc-sharing to complete your work.
Employment discrimination law is about prohibiting or encouraging behaviors in the workplace regarding differences in people. It has evolved over the years significantly, and the passage of Title VII, the US. Civil Rights Act, has made more changes to how the US defines the right to work free from harassment and discrimination, than any other law, case, or regulation in the nation. This project has three parts. Part 1 asks you to answer eight questions about employment discrimination. Part 2 asks you to pick one US Supreme court case from a list, to discuss. Part 3 asks you to review pending legislation regarding employment discrimination, and provide a few details about one currently pending (i.e. not yet passed) bill in either your state, or the federal government. Remember, the focus of the project is onemployment discrimination.
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.
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
University of Texas Southwestern Medical Center v. Nassar. http://www.supremecourt.gov/opinions/12pdf/12-484_o759.pdf
Phillips v. Martin Marietta Corp. 400 U.S. 542 (1971). http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=400&invol=542
Espinoza v Farah Mfg. Co, 414 U.S. 86 (1973) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=414&invol=86
Oncale v. Sundowner Offshore Services, 83 F. 3d 118 http://www.law.cornell.edu/supct/html/96-568.ZO.html
Questions for answering.
Organizations such as the Society for Human Resource Management (http://www.shrm.org) work hard to support, lobby against, or provide education to the public about laws that will affect workers and employers. These organizations significantly influence what laws pass. Savvy HR managers have SHRM on their desktops so they are familiar with the many changes being suggested at any time, as they could cost companies significant amounts of money if they are passed.
Each year, thousands of proposed laws are being discussed, debated, and either passed, ignored, or rejected in state legislators around the country, or in Congress.
Find a proposed piece of legislation in the U.S. (or your state legislature) which interests you. This piece of legislation needs to regard employment law in some way (labor law, employment discrimination, ADA, PPACA, Title VII, GINA, etc.) Note that any bill that suggests changes to any current law will suffice, as well as a new law. Some examples you can use if you are interested are: the Fair Playing Field Act of 2012, the Religious Freedom Act of 2012, or a new bill regarding whether full-time employment under PPACA is 40 hours/week instead of 30 hours. (Since the time of writing this project, it is possible these examples of passed – be sure to check if you use any of them).
Places to look for legislation like this include:
(Note that the Active Legislation link (right side) and Most Viewed Bills side include unpassed, pending legislation. the Public Laws link are passed laws – so do not use those.)
Note: you can type in your state, and get updates your state’s representatives to Congress.
SHRM’s legislative pages: http://www.shrm.org/legalissues/federalresources/federallegislation/pages/default.aspx#
(Note that link takes you to the top level – and you can dig around on their links to find more information. Some of the internal pages may require a subscription to SHRM, however.)
Once you find a law pending before Congress that interests you, read the bill and answer these questions.
This section of your paper should be about 1 to 2 pages.
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