Assignment: Discrimination in Employment
Instructions: Provide responses to the following 12 questions for a possible 25 points. Reminder from the course syllabus: "All assignments are designed for the purpose of assessing the student's understanding of assigned readings and cases from the course. While students may, of course, read materials other than those assigned in the course, outside materials may not be used to support responses to scenarios and questions posed as any part of a course assignment, including the final exam, even if properly cited. An Internet search using key words will yield cases that may or may not be relevant, and in many cases will yield an old case that has been overturned or is no longer relevant for some other reason. Because of that concern, and because there isn't time for the instructor to assess the status of cases not covered in the course during the grading process, no credit will be given for the portions of any student submissions based on such outside materials."
1. The Family and Medical Leave Act of 1993 provides up to 12 weeks of unpaid leave to eligible employees for various reasons. Why is it included in a course on the law of Employment Discrimination? Discuss the discrimination concerns it is intended to address as well as the comments its critics make as to whether it is an effective measure.
2. The Ricci v. DeStefano case involved a claim of disparate treatment brought by a group of firefighters against the city of New Haven. New Haven sought to defend itself based on the need to address disparate impact concerns. Briefly summarize both the argument for disparate treatment and the argument for disparate impact made by the parties to this case. Finally, state what the holding of the case provides as guidance for other employers facing a similar situation.
3. While Title VII generally is intended to makecertain categories of discrimination unlawful, it also expressly provides the employer with a defense in certain circumstances that would otherwise appear to be direct evidence of discrimination. In other words, an employer is permitted to discriminate against members of protected Title VII categories in certain situations. What is the term for this employer defense against a charge of unlawful discrimination? Discuss the categories of Title VII for which an employer is permitted to discriminate and what the employer must show to successfully defend such an employment practice.
4. What is meant by the term intersectionality? Make the argument for why it should be an accepted approach under Title VII. Be sure to provide a theoretical illustration of how it would work to the benefit of an employee who otherwise might be unable to prove discrimination.
5. Cite the case that involved an employer who discriminated based on sex in its prescription drug plan. As discussed in that case, what must an employer do to avoid unlawful discrimination based on sex in designing such a plan?
6. What are the standards that have been established by the cases covered in this course to determine whether an employee is the victim of hostile environment sexual harassment? Cite case law to support your argument.
7. Discuss whether an employer is permitted to require employees to dress in a certain way or comply with grooming standards. Briefly summarize the positions of the majority and the two dissents on this issue in the Jesperson case on page 387.
8. The Supreme Court holdings in Sutton v.United Air Lines, Inc. and Toyota Motor Mfg., Kentucky v. Williams were the sources of important interpretations of the Americans with Disabilities Act until Congress responded with new legislation. Briefly discuss how the new legislation modifies the Supreme Court's rulings in these two cases.
9. State where in the Statutory Supplement the standard for the burden of proof in disparate impact cases is found (provide the page number and the letter of the paragraph). What year was this new provisionadded (as a reaction to the Supreme Court's Ward's Cove decision)and what was the name of the law? Describe in your own words how this is used to prove a disparate impact case (talk about burdens, etc.) and cite one case wherein it was applied.
10. Articulate the Supreme Court standard created by Justice Scalia (see page 736) used in determining whether ADEA age discrimination has occurred and provide the full citation for the case. Describe some of the varying time periods that different federal courts have adopted in attempting to apply the standard.
11. Briefly describe the administrative exhaustion requirement which applies to Title VII, ADA and ADEA cases. Discuss the varying time limits depending on whether there are EEOC-like state agencies. Also, discuss the role of the EEOC before the case can be filed as a Title VII claim in a court.
12. Discuss the nature of the duty owed by an employer (under Title VII) to an employee who claims that his employment interferes with the dictates of his religion. Provide the case citation for a case involving a collectively bargained seniority system that interferes with an employee's religious observances. Discuss what that case says about the interplay between a collectively bargained seniority system and the dictates of an employee's religion.
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.