1. What are some arguments in favor of affirmative action? Against it? What is your current view of affirmative action? Why? Does your view differ depending on the measures used to achieve affirmative action goals?
2. What should an employer who has decided to implement an affirmative action program do to maximize support for the program and minimize resentment or "backlash"?
3. It is often recommended that managers be evaluated and rewarded in significant part on the basis of their commitment to diversity. Is this a good idea? Can commitment to diversity be measured apart from numbers of women or people of color hired and promoted.
4. In light of workplace bullying and the difficulties plaintiffs face in same-sex harassment cases, would it be better to have anti-harassment statutes aimed at prohibiting unwelcome, offensive treatment, regardless of whether the motive behind the treatment is discriminatory?
5. Do courts give sufficient weight to the obstacles that might make employees reluctant to report harassment? Explain your reasoning.
6. Should employers attempt to restrict romantic relationships between employees as a response to concerns about harassment? Between supervisors and subordinates? In each case, why or why not?