Consider your rights as an employee or job applicant. What do you know about the laws that prevent unfair treatment and discriminatory practices in the workplace?
Prior to 1964, employees and job applicants had few rights. Many employers used skin color, religion, or gender as a sole basis to hire or fire employees. Title VII of the 1964 Civil Rights Act aimed to protect employees from the prejudices of employers. In fact, after its passing it became the core foundation of workplace discrimination law because it protected five categories, or “classes,” of citizens from unfair employment practices. As time progressed, legislators supplemented Title VII with more anti-discrimination acts and policies. Today, employees or applicants who feel discriminated against due to race, color, religion, gender, national origin, age, disability, pregnancy, veteran status, or genetics can seek grounds for legal representation.
As a leader in the nursing field, you must take all necessary precautions to ensure that you and your unit, department, and/or organization adhere to the laws outlined and associated with Title VII of the Civil Rights Act.
READ WELL:
Conduct research to learn more about applicable laws and regulations pertaining to the protected class ( NATIONAL ORIGIN)
Select one of the following options:
Option 1: Conduct search via scholarly sites (such as the ones listed below) to locate an authentic discrimination case involving the protected class that you were assigned.
Option 2: Recall an instance of discrimination you have personally experienced or witnessed related to your assigned protected class. Consider the events leading up to and the resolution of this instance.
Note: The case/instance that you choose for this Discussion may be from an organization in any field (not just health care) and must have occurred within the last 10 years.
Once you have selected your option and case/instance, reflect upon the following questions:
What legal issues (i.e., Title VII and other applicable laws) were relevant to this case or instance?
What strategies would you propose to prevent a similar situation from occurring in your unit, department, or organization?
Websites:
Cornell University Law School: Legal Information Institute
https://www.law.cornell.edu/supct/search/
Search for recent Supreme Court decisions on employment discrimination. Enter your assigned Title VII protected class ( NATIONAL ORIGIN) into the search bar to access court cases by topic.
Equal Employment Advisory Council: Amicus Activity
https://www.eeac.org/web/amicus/index.asp
Use the categorized hyperlinks to access court cases by issue, area, court, or year.
U.S. Department of Labor (Administrative Review Board)
https://webapps.dol.gov/search/?search/Search.aspx
To find recent employment discrimination decisions, include in your search terms the type of discrimination or the employment law and the word(s) “decisions” or “case decisions” (e.g., “racial discrimination decisions,” “gender discrimination decisions,” “ADA case decisions,” “FMLA case decisions,” etc.)
Note: Before you submit your initial post, replace the subject line (“Week Discussion”) with the protected class you were assigned and the case or instance you selected, for example, “Protected Class: Case”.
ASSIGNMENT:
WRITE A summary of the discrimination case/instance you selected and how the events impacted the individual(s) and/or the work environment. Describe the key legal issues involved and explain how Title VII legislation applied. Discuss at least one strategy you would employ in an effort to mitigate this type of discrimination from occurring in your unit, department, or organization. Include the APA reference and a hyperlink to your case example (if applicable).