Race discrimination or racial harassment


Assignment:

Respond to following discussion:

1. Big Red Work Clothes Company prides itself on its macho image, and most of its employees have always been big, manly men. Twenty years ago, as the result of a claim filed under the Civil Rights Act by a female who applied for a job at Big Red and was not hired, Big Red voluntarily instituted an Affirmative Action plan, approved by the federal court, that provided that Big Red would hire three female applicants for every one male applicant that it hired. Since this policy was established twenty years ago, Big Red has followed the policy exactly. Billy Jennings recently applied for a job at Big Red, but although he was well qualified for the position, he was not hired because, under the Big Red Affirmative Action plan, Big Red had to hire a female applicant. Bill Jennings contends that this amounts to reverse discrimination. Is he right? Why, or why not? (210 Words)

2. Tara is a female, naturalized U.S. citizen of Irish decent. She is employed by British Industries, Inc. in New York City. Tara has been employed by British Industries for eight years and is expecting a promotion from researcher to client service manager. Though Tara has been in the U.S. for more than ten years, she still speaks with a distinct Irish accent. Tara’s boss has just advised her that she will not be promoted to client service manager because her Irish accent is not appreciated by the clients of British Industries. Does Tara have a claim under the Civil Rights Act? What is the process for filing that claim? Where is the claim filed, and how is the claim processed? (210 Words)

3. Pleasantville is a small city in Missouri, near St. Louis and several other larger cities. Pleasantville has a policy that all employees of the City of Pleasantville must be residents of Pleasantville. The City of Pleasantville advertises in the local newspaper for a new sanitation worker, and the advertisement specifies that only residents of Pleasantville will be considered for the position. Steven, who is a resident of St. Louis, applies for the position and his application is rejected and someone else is hired. Is this a violation of the Civil Rights Act? Is this an example of disparate treatment? Why, or why not? Is this an example of disparate impact? Why, or why not? (210 Words)

4. Brenda is a clerk-typist at Armor Industries, Inc., and she works in an office with nine other clerk-typists. The supervisor of the office is Joe. Brenda is a light-complexion, African American woman; all of her fellow clerk-typists are Caucasians, and Joe is a dark-complexion African American. For the last several months, Joe has been saying things about Brenda in front of Brenda and her fellow clerk-typists that have embarrassed Brenda. The comments have included that Brenda does not look like a “real” African American because of her light complexion, while Joe is a “real” African American.

Brenda’s fellow clerk-typists pretend that they have not heard these comments, but they have begun to avoid Brenda for fear that if they agree that the comments are inappropriate, Joe will retaliate against them. Though Brenda has more experience than any of the other clerk-typists in her office, when an opening for an assistant office manager becomes available, Joe promotes someone else in the office to the position. Is this an example of race discrimination or racial harassment? Why? (210 Words)

References:

Moran, J. J. (2014). Employment law: New challenges in the business environment (6th ed.). Upper Saddle River, NJ: Prentice Hall.  

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Business Law and Ethics: Race discrimination or racial harassment
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