Assignment 1:
Ethical issues in Employment Law
In a well-written paper, relate your professional or personal experience in the business world as an employee or employer and an ethical issue you confronted that falls within the realm of employment law. For example, you could write about your experience working long hours as a minor in violation of federal wage and hour laws.
If you have not personally or professionally confronted an issue, consider an issue that could arise within the realm of employment law and describe it. Be sure that your focus is twofold: first, on an area of employment law and second, on a potential ethical issue within that area of law.
Address the following in your paper:
Identify and clearly define the relevant law, either defining a legal doctrine, provisions of a law, or elements of a specific cause of action.
Apply facts from your situation to the applicable law, doctrine or cause of action studied. Clearly summarize lessons learned from the week as they apply to your fact pattern and make links to the readings and/or module.
Include new thoughts or ideas based on the module information. This is your reflection/insight which logically would flow from each information point presented.
Identify any related ethical issues.
Your paper should be 2-3 pages in length, not including the title or references pages.
Assignment 2:
Employment Discrimination and the Bona Fide
Occupation Qualification
In hiring a prospective employee, there are legitimate reasons for not hiring someone. For example, the prospective employee may not meet legal requirements (i.e., he or she is a minor and cannot complete the tasks of the job based on the young age) or positional requirements (i.e., he or she does not have the required experience or education for the position and the employer demonstrates this requirement as a business necessity).
Neither of these examples is discrimination. However, there are protected classes that cannot be discriminated against. Title VII provides five protected classes that cannot be discriminated against. For review of the protected classes. However, Title VII only applies to companies with 15 employees or more.
Further, the bona fide occupational qualification ("BFOQ") can be argued as a reason for discrimination by the employer, even of the protected classes. Importantly, though, is that race and color (two of the five protected classes under Title VII) are not on the list of permissible BFOQs.
For assignment, complete the following:
1. Using the internet, research a case where an individual claimed discrimination, either in his or her hiring or firing, and the employer argued a permissible BFOQ was the reason behind the failure to hire or behind the firing.
2. Identify and clearly define the relevant law utilized by the court in determining the outcome of the case. This includes defining applicable legal doctrine, provisions of a law, or elements of a specific cause of action.
3. Apply facts from the researched situation to the applicable law, doctrine or cause of action researched.
Then, address the following:
1. Should Title VII apply to every company, regardless of number of employees?
2. Should race and color be permissible bona fide occupational qualifications or should the BFOQ exceptions to employment discrimination be removed completely?
In answering these questions, be sure to consider the effect on the business world and on society generally. Clearly summarize lessons learned from the week as they apply to your researched case. Identify new thoughts or ideas based on the module information and identify any related ethical issues. Your paper should be 2-3 pages in length, not including the title or references page.