What Makes a "Reasonable Accommodation" Reasonable?
Reflection Question: Why would a company in today's business world continue a long-term pattern of discriminatory conduct? Can discrimination ever be justified by a business, and if so, under what circumstances?
Assignment: We will examine the current issue of employment discrimination, which can sometimes implicate businesses who are not intentionally acting in a discriminatory manner.
The unit will culminate in your production of a written memorandum, addressed to me, that addresses the issues raised in the reflection question.
We will examine employment discrimination in two parts: The first part will review the basic principles embodied in various anti-discrimination statutes, as well as reviewing at least one high-profile example. You should come to class prepared to discuss this aspect on November 8.
For the second part of the unit, set for November 15, I want each student to come to class prepared to discuss an example of workplace discrimination you have witnessed, how the situation was handled by the employer, and whether you think the actions by all of the parties was reasonable. NOTE: This does not have to be discrimination you personally experienced. Plan to spend 5 minutes discussing your example. This will be good practice for your final project presentations.
You are expected to do your own research that we can discuss in class. However, to help you begin your research, I have included below some links to materials that will be helpful.
THESE SHOULD NOT BE THE ONLY MATERIALS YOU REVIEW BEFORE CLASS-YOU SHOULD COME PREPARED TO DISCUSS YOUR OWN RESEARCH FINDINGS.
Beginning Materials
Employment Anti-Discrimination Laws
https://www.eeoc.gov/laws/statutes/titlevii.cfm
https://www.eeoc.gov/laws/statutes/adea.cfm
https://www.eeoc.gov/laws/statutes/ada.cfm
https://www.law.cornell.edu/cfr/text/29/1605.2
https://www.civilrights.org/resources/civilrights101/employment.html
Recent EEOC Actions
https://www.eeoc.gov/eeoc/litigation/selected/religious_discrimination_facts.cfm
https://www.eeoc.gov/eeoc/litigation/selected/racial_harassment_11-14.cfm
https://www.eeoc.gov/eeoc/litigation/selected/ada_litigation_facts.cfm
https://www.eeoc.gov/eeoc/litigation/selected/lgbt_facts.cfm
https://www.eeoc.gov/eeoc/litigation/selected/adea.cfm
Abercrombie & Fitch
https://www.abercrombie.com/shop/us
https://en.wikipedia.org/wiki/Abercrombie_%26_Fitch
https://www.huffingtonpost.ca/2013/05/07/abercrombie-fitch-wont-stock-size-xl-women_n_3229909.html
https://www.adweek.com/news/advertising-branding/rise-and-fall-worlds-most-hated-clothing-brand-161153
https://www.marketingweek.com/2016/03/15/mark-ritson-abercrombie-fitchs-revival-will-be-due-to-brand-revitalisation-not-brand-repositioning/
https://nymag.com/thecut/2014/02/why-abercrombie-is-losing-its-shirt.html
Gonzalez case
https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1022&context=condec
https://query.nytimes.com/gst/fullpage.html?res=9B05EEDA123FF934A25752C1A9629C8B63
https://www.eeoc.gov/eeoc/newsroom/release/11-18-04.cfm
https://www.naacpldf.org/case-issue/abercrombie-fitch-employment-discrimination
Elauf case
https://www.supremecourt.gov/opinions/14pdf/14-86_p86b.pdf
https://www.nytimes.com/2015/06/02/us/supreme-court-rules-in-samantha-elauf-abercrombie-fitch-case.html?_r=0
https://www.newyorker.com/news/daily-comment/abercrombie-fitch-samantha-elauf-discrimination-supreme-court