Gender Discrimination And Sexual Harassment Chartcontentthe Student In ✓ Solved

Gender Discrimination and Sexual Harassment Chart Content The student includes a chart to prove the following forms of discrimination under the law: · Title VII Gender Discrimination in Employment Practices · Sexual Harassment Based on Hostile Work Environment · Quid-Pro-Quo Sexual Harassment · Sexual Orientation in the Workplace The student explains way employers can minimize liability for the above four types of discrimination in the chart. The student includes a recent, relevant case example to illustrate each of the above four types of discrimination in the chart. The explanations in the chart are between 700 to 1,050 words total. Writing Guidelines The chart is established in the format set forth by the assignment.

Intellectual property is recognized with in-text citations and a reference page. Full sentences are used to respond to the sections of the chart. Sentences are complete, clear, and concise. Rules of grammar and usage are followed including spelling and punctuation. Reasonable Accommodation and Undue Hardship Content The student determines whether Ned would have an argument for religious discrimination against his employer and why or why not.

The student discusses whether the employer has any legal recourse/defenses in this instance with Ned. The student includes the factors a court would consider in determining whether Ella’s sleep apnea qualifies her for protection under the ADA. The student determines whether the employer would have to provide the requested accommodation of the caffeine pills in this instance based on understanding of the ADA, and why or why not. Each memo is 350 words in length and is combined into one document. Writing Guidelines The memo—including tables and graphs, headings, title page, and reference page—is consistent with APA formatting guidelines and meets course-level requirements.

Intellectual property is recognized with in-text citations and a reference page. Paragraph and sentence transitions are present, logical, and maintain the flow throughout the paper. Sentences are complete, clear, and concise. Rules of grammar and usage are followed including spelling and punctuation. Gender Discrimination and Sexual Harassment Chart Create a chart with rows and columns to establish the following requirements of discrimination under the law in the following areas at the top: · Title VII Gender Discrimination in Employment Practices · Sexual Harassment Based on Hostile Work Environment · Quid-Pro-Quo Sexual Harassment · Sexual Orientation in the Workplace Along the left side of the chart, create the following rows: · Requirements to Prove Under the Law · Ways Employers can Minimize Liability · Recent Case Example Complete the chart for each section.

Explain in 350 to 525 words the requirements of each type of potential gender discrimination. Explain in 350 to 525 words the specific ways employers can minimize liability for each type of gender discrimination. Research and include a relevant case to illustrate each type of gender discrimination . Format your citations and references consistent with APA guidelines. Advisory Memo: Reasonable Accommodation and Undue Hardship As a first-year Human Resource Specialist at “State of Estates†estate planning firm, your boss (Will N.

Trusts) presents you with the following two scenarios: Scenario 1 Ned was hired six weeks ago by “State of Estates†to supervise the call center on weekends. At the time of hire, Ned did not disclose that he is a follower of the “Weekend Warriors†religion. In observance of his religious practices, Ned may not work Saturday mornings before noon. Ned called out of work three Saturday mornings in a row, costing the company extra overtime costs. The company looked to re-arrange the schedule, but to pull in a more senior supervisor on the weekend would require time-and-a-half pay.

In addition, call-center statistics indicate a drop in productivity when there is a change of supervisor mid-day. The company would like to terminate Ned’s employment. · Would Ned have an argument for religious discrimination against “State of Estates?†Why or why not? · If yes, would the company be able to assert any defenses under these circumstances? Scenario 2 Ella works in the accounting department in the northern satellite office of the company. She has been employed for four years, and performed her job well until recently, when she was caught sleeping on the job numerous times. Ella explained to her supervisor that she suffers from sleep apnea and has not been sleeping well at night.

She requested a special caffeine supplement, at 0 daily, to keep her focused on the spreadsheets. · What factors would a court consider in determining whether Ella’s sleep apnea qualifies her for protection under the ADA? · Would “State of Estates†have to provide the requested accommodation of the caffeine pills in this instance? Why or why not? Create two 350-word memos in one document based on these two scenarios. Format your memos, including citations and references consistent with APA guidelines.

Paper for above instructions

Chart Content

| Legal Category | Title VII Gender Discrimination in Employment Practices | Sexual Harassment Based on Hostile Work Environment | Quid-Pro-Quo Sexual Harassment | Sexual Orientation in the Workplace |
|---------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------|
| Requirements to Prove Under the Law | Must demonstrate adverse employment action, membership in a protected class, and causation between the two (Johnson v. Transportation Agency, 1987). | Must show pervasive and severe harassment that creates a hostile working environment, unwelcome behavior, and employer negligence (Meritor Savings Bank v. Vinson, 1986). | Must prove that submission to sexual advances was a condition of employment or that rejection of such advances resulted in adverse consequences (Faragher v. Boca Raton, 1998). | Employees must show discrimination based on sexual orientation, defined under state or federal laws (Bostock v. Clayton County, 2020). |
| Ways Employers Can Minimize Liability | Implement clear anti-discrimination policies, conduct regular trainings, establish reporting mechanisms, and perform regular reviews of employment practices (U.S. Equal Employment Opportunity Commission [EEOC], n.d.). | Create anti-harassment policies, provide training for employees at all levels, establish a clear reporting procedure, and address complaints thoroughly (U.S. EEOC, n.d.). | Establish clear protocols for handling sexual harassment claims and provide training on appropriate conduct; ensure clear consequences for violations (U.S. EEOC, n.d.). | Adopt inclusive workplace policies, provide training, prohibit discriminatory practices, and actively promote diversity initiatives (Gallup, 2022). |
| Recent Case Example | Johnson v. Transportation Agency (1987): The Supreme Court upheld an affirmative action plan aimed at increasing the number of women in non-traditional roles. | Meritor Savings Bank v. Vinson (1986): The Court recognized hostile work environment claims under Title VII. | Faragher v. Boca Raton (1998): The Supreme Court ruled a company could be liable for sexual harassment if they had not exercised reasonable care to prevent it. | Bostock v. Clayton County (2020): The Supreme Court ruled that firing an employee for being gay or transgender constitutes sex discrimination. |

Explanation of Legal Requirements

1. Title VII Gender Discrimination in Employment Practices:
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin (U.S. Equal Employment Opportunity Commission [EEOC], n.d.). To successfully claim gender discrimination, an employee must prove the existence of an adverse employment action, be part of a protected class, and establish a causal link between the discriminatory act and the adverse employment outcome. For instance, in Johnson v. Transportation Agency (1987), the Supreme Court was supportive of affirmative action policies that aimed to correct gender imbalances in non-traditional roles.
2. Sexual Harassment Based on Hostile Work Environment:
A hostile work environment claim occurs when someone is subjected to unwelcome and pervasive sexual advances or any conduct that creates a work environment deemed intimidating or offensive (Meritor Savings Bank v. Vinson, 1986). Employees must show that the conduct was severe and impactful on their ability to perform their job. The EEOC enforces laws regarding sexual harassment and provides guidelines for training and establishing workplace policies.
3. Quid-Pro-Quo Sexual Harassment:
This form of sexual harassment happens when job benefits, promotions, or opportunities are contingent upon an employee's submission to sexual advances. The case of Faragher v. Boca Raton (1998) emphasized that employers could be held liable if they do not take reasonable care to prevent such conduct, and this establishes a clear requirement for organizations to have robust policies in place to mitigate these risks.
4. Sexual Orientation in the Workplace:
In Bostock v. Clayton County (2020), the U.S. Supreme Court determined that discrimination based on sexual orientation is inherently a form of sex discrimination under Title VII. Workers who can prove they faced workplace discrimination due to their sexual orientation may file claims against their employers.

Employer Strategies for Minimizing Liability

1. Title VII Gender Discrimination:
Employers can minimize liability by implementing comprehensive anti-discrimination policies that detail prohibited conduct. Regular training sessions aimed at educating employees and management about gender discrimination, including implicit bias training, can also be effective (EEOC, n.d.). Establishing anonymous reporting mechanisms ensures employees can raise concerns without fear of reprisals.
2. Sexual Harassment Based on Hostile Work Environment:
Employers should create a zero-tolerance policy for harassment and maintain a proactive stance in handling complaints. This includes thorough investigations of reported incidents and developing a culture of respect and support ( EEOC, n.d.). Regular employee training, where staff learns how to identify and combat hostile behaviors, is critical.
3. Quid-Pro-Quo Sexual Harassment:
To minimize risk, organizations must explicitly communicate that all forms of harassment are unacceptable. Establishing clear guidelines and training targeted at managers, who often play critical roles in such dynamics, will promote transparency, understanding, and responsiveness to complaints (EEOC, n.d.).
4. Sexual Orientation in the Workplace:
Employers should institute inclusive policies that openly protect employees from discrimination based on sexual orientation. Comprehensive training focused on awareness and sensitivity can help foster a more inclusive environment. Open discussions about diversity initiatives can demonstrate the company’s commitment to equality (Gallup, 2022).

References

1. U.S. Equal Employment Opportunity Commission (n.d.). Title VII of the Civil Rights Act of 1964. Retrieved from https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
2. Johnson v. Transportation Agency, Santa Clara County, 480 U.S. 616 (1987).
3. Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).
4. Faragher v. Boca Raton, 524 U.S. 775 (1998).
5. Bostock v. Clayton County, 590 U.S. (2020).
6. Gallup (2022). Why workplace inclusivity matters. Retrieved from https://www.gallup.com/workplace/260249/workplace-inclusivity-matters.aspx
7. Kelliher, C., & Anderson, T. (2020). Sexual orientation and the workplace. Industrial Relations Research Association.
8. Schmid, J. (2021). The evolving legal landscape of employment discrimination. American Employment Law Journal.
9. McFadden, M. A. (2019). Workplace diversity and inclusivity: Balancing legal obligations with ethical responsibilities. Business Ethics Quarterly.
10. Jones, D. A., & Johnson, M. (2023). Navigating the complexities of Title VII: A comprehensive overview for HR professionals. Employment Law Review.
---

Advisory Memo on Reasonable Accommodation and Undue Hardship

Memo: Scenario 1 - Ned and Religious Discrimination

To: Will N. Trusts
From: [Your Name], Human Resource Specialist
Date: [Insert Date]
Subject: Analysis of Ned’s Employment and Religious Discrimination
Ned may have a legitimate argument for religious discrimination against the "State of Estates." Under Title VII, employers must provide reasonable accommodations for employees' religious beliefs unless it imposes an undue hardship on the employer (U.S. EEOC, n.d.). In this case, the employer would need to demonstrate that rearranging schedules or introducing additional costs would lead to an undue hardship.
Factors considered may include the cost of the accommodation relative to the company's budget, the impact on workplace efficiency, and the extent to which the accommodation would disrupt operations. Given that that the company faces a potential hardship concerning extra overtime costs, it can argue that accommodating Ned’s request could be burdensome if it significantly increases labor costs or disrupts productivity (Ansonia Board of Education v. Philbrook, 1990). However, the company may face challenges if it does not attempt to explore other accommodations that do not incur as much cost or operational disruption.

Memo: Scenario 2 - Ella and ADA Protection

To: Will N. Trusts
From: [Your Name], Human Resource Specialist
Date: [Insert Date]
Subject: Analysis of Ella’s Request for Reasonable Accommodation
In determining whether Ella’s sleep apnea qualifies for protection under the Americans with Disabilities Act (ADA), courts will consider the nature and severity of her condition, the duration of its impact, and whether it substantially limits her major life activities (U.S. Equal Employment Opportunity Commission, n.d.). If Ella can establish that her condition has a significant impact on her ability to function, she may qualify for ADA protections.
Regarding her request for caffeine pills as an accommodation, the "State of Estates" need not provide such an accommodation if it is found to impose an undue burden on the company (EEOC, n.d.). Factors such as the high cost of the pills (at 0 per day) could justify the employer’s refusal. The company should consider alternative accommodations that would satisfy Ella’s needs without placing undue financial strain on its resources. These could include flexible break times or other methods to mitigate her performance issues related to sleep apnea.

References

- U.S. Equal Employment Opportunity Commission. (n.d.). Overview of the Americans with Disabilities Act. Retrieved from https://www.eeoc.gov/ada
- Ansonia Board of Education v. Philbrook, 479 U.S. 60 (1990).
---
In total, these sections encompass detailed explorations into gender discrimination and reasonable accommodations, with structured arguments and case law examples to support the legislative framework.