The Value of Fair Treatment in the Workplace

essor:

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Strayer University Professor

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Strayer University Dr

Lori A Baggot Date:

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Lori A Baggot Date

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Lori Baggot / Dr

6/9/2019

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6/9/2019

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June 9, 2019

3 Introduction The laws on employment discrimination seek to prevent discrimination based on sex, race, national origin, sexual orientation, age, and physical disability by employers.

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Introduction The laws on employment discrimination seek to prevent discrimination based on sex, race, national origin, sexual orientation, age, and physical disability by employers

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Employment Discrimination laws seek to prevent discrimination based on race, sex, sexual orientation, religion, national origin, physical disability, and age by employers

Practices, which include perception, include bias in hiring, job assignment, promotion, termination, retaliation, compensation, and various other types of harassment (Krieger et al.

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Practices, which include perception, include bias in hiring, job assignment, promotion, termination, retaliation, compensation, and various other types of harassment (Krieger et al

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Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment

2015). 3 The employment discrimination laws the main body comprised of state and federal statutes.

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The employment discrimination laws the main body comprised of state and federal statutes

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The main body of employment discrimination laws consists of federal and state statutes

The U.S constitution and other constitutions from some states provide additional protection to the employee when the employer is government body or in a situation whereby the government has taken significant steps to foster the practice of discrimination of the employer.

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The U.S constitution and other constitutions from some states provide additional protection to the employee when the employer is government body or in a situation whereby the government has taken significant steps to foster the practice of discrimination of the employer

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The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body, or the government has taken significant steps to foster the discriminatory practice of the employer

Analyze, identify, and explain recent legislation, within the last ten years, that helps to protect employees from discrimination in the workplace.

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Analyze, identify, and explain recent legislation, within the last ten years, that helps to protect employees from discrimination in the workplace

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Recent legislation that helps to protect employees from discrimination in the workplace

1 Provide at least two federal legislative protections.

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Provide at least two federal legislative protections

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Federal Legislative Protections

3 Provide some insight when the national legislation conflicts with the state.

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Provide some insight when the national legislation conflicts with the state

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Some insight when the federal legislation conflicts with the state

The U.S constitution has two amendments, Fifth and Fourteenth, which limit the federal and state governments’ power to discriminate.

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The U.S constitution has two amendments, Fifth and Fourteenth, which limit the federal and state governments’ power to discriminate

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The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate

The Fifth Amendments comprise of a specific requirement which has the federal government not to have individuals deprived of “liberty, life, or property” which is without the due process of the law (Lewis et al. 2018). An implicit guarantee is found in the Fifth Amendment, which ensures that all persons receive protection on an equal basis of the laws. Therefore, several rights are created by the Fifth Amendment, which is relevant to both civil legal proceedings and also criminal legal proceedings (Mallory et al. 2015). The amendment breaks down to five different constitutional rights one of them being right against self-discrimination, which is forced.

The Fourteenth Amendment has a specific requirement which prohibits the violation of the rights of an individual by the states to the due process and protection, which is equal (Lewis et al. 2018). 3 In the context of employment, the equal protection right limits the state and federal governments’ powers to have them discriminating their employment practices through treating the former employees, employees, or job applicants unequally because of a group membership such as sex or race (Schoenbaum et al.

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In the context of employment, the equal protection right limits the state and federal governments’ powers to have them discriminating their employment practices through treating the former employees, employees, or job applicants unequally because of a group membership such as sex or race (Schoenbaum et al

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In the employment context, the right of equal protection limits the power of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group (such as a race or sex)

2017). 3 Protection during due process requires that the employees receive a process which is fair before termination when the term relates to a given type of liberty, for example, the right to free speech or property interest.

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Protection during due process requires that the employees receive a process which is fair before termination when the term relates to a given type of liberty, for example, the right to free speech or property interest

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Due process protection requires that employees receive a fair process before termination if the termination relates to a "liberty"

Also, employee discrimination protection can be afforded by the State Constitution. 4 The private sector discrimination is not constrained directly by the Constitution.

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The private sector discrimination is not constrained directly by the Constitution

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Constitution does not directly constrain discrimination in the private sector, but the

But it has become a subject to the growing body of state and federal statutes.

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But it has become a subject to the growing body of state and federal statutes

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private sector has become subject to a growing body of federal and state statutes

The Equity Pay Act is also a law which protects employees from discrimination in their different workplace. The Act prohibits unions as well as employers from paying wages differently based on the sex of the employees (Schoenbaum et al. 2017). The Act does not prevent other practices of hiring but provides that if the workers are performing equal work in jobs which require similar effort, skill, and responsibility which are performed under the same condition; these workers are to receive equal pay. The Fair Labor Standards Act is also another law prohibiting discriminatory practices in the place of work. The rule applies to the employees who are engaged in the aspect of commerce, which is interstate.

Lastly, it is the Rehabilitation Act. The Act aims at promoting and expanding employment opportunities in the private and public sectors for those individuals who are handicapped. It is done through the discriminative and affirmative action’s programs being eliminated. The Act covers employers such as agencies of the federal government and the employers receiving federal contracts which are over $2500 or financial assistance from the national.

Employment at Will Doctrine At will, employment refers that employees can leave the given work at any time they wish to for any given reason, and the employers can, on the other hand, terminate the employee for any given, and it is without cause or notice (Zimmer et al. 2017). 3 The main intention of the act will employment doctrine is to prevent termination, which is wrong, and employment lawsuits between the employers and employees.

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The main intention of the act will employment doctrine is to prevent termination, which is wrong, and employment lawsuits between the employers and employees

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The intent of the at will employment doctrine is to prevent wrongful termination and employment lawsuits between employees and employers

However, at-will employment has essential exceptions which are both at the federal and state level, which prevent it from being used in a lawsuit as a defense.

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However, at-will employment has essential exceptions which are both at the federal and state level, which prevent it from being used in a lawsuit as a defense

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However, there are some important exceptions to at will employment both at the state and federal level that can prevent it from being used as a defense in a lawsuit

At will employment doctrine enables employers to work together without the promises from either the party or contracts which are long term.

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At will employment doctrine enables employers to work together without the promises from either the party or contracts which are long term

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It allows employees and employers to work together without long term contracts or promises from either party

When an employee gets a job opportunity elsewhere, which he/she considers better or does not like the current job, he/she can leave freely (Zimmer et al. 2017). 3 If the employer wants to have the benefits, wages changed or let someone go;

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If the employer wants to have the benefits, wages changed or let someone go

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If an employer wants to change wages, benefits, or let someone go, they can do so freely as well

they also can do it freely. 3 Also, at will employment can be used as a defense for employers in a lawsuit which involves wrongful termination.

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Also, at will employment can be used as a defense for employers in a lawsuit which involves wrongful termination

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It can be a defense for employers in a wrongful termination lawsuit

Many employers hope not to defend themselves in courts over employee termination. 3 Best employers have documentation which is useful when firing an employee, for example, performance reviews which are kept in the personnel file of the employee.

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Best employers have documentation which is useful when firing an employee, for example, performance reviews which are kept in the personnel file of the employee

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The best employers have good documentation when they fire someone, such as performance reviews kept in the employee’s personnel file

1 Exceptions to the Employment at Will Doctrine.

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Exceptions to the Employment at Will Doctrine

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Employment at Will Doctrine and Exceptions to the Doctrine

Under this doctrine, either party has the capability of ending the employment relationship for any given reason. As stated earlier, employees can quit with no notice or, which is the same for the employers (Kattari et al. 2016). However, it is not easy as sounds; for example, in the case of employers, it is risky to terminate an employee because one does not like how the dress or act. Therefore, four exceptions are undermining the doctrine.

3 Covenant of good faith is the first exception.

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Covenant of good faith is the first exception

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Covenant of Good Faith

It means that the employee and the employer have to be forthright and fair with each other, and no one can undermine other’s benefits or rights (Guerin et al. 2016). 3 The second exception is the public policy exception whereby the doctrine recognizes the existence of government rules, laws, and policies such as anti-discrimination laws which protect the employees.

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The second exception is the public policy exception whereby the doctrine recognizes the existence of government rules, laws, and policies such as anti-discrimination laws which protect the employees

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The public policy exception to at will employment recognizes that there are many governmental laws, rules and policies, such as anti-discrimination laws and other employment laws, that protect employees

The other exception implied, or written employment contracts also undermine the employer’s protection under the doctrine. 3 The last limitation is collective bargaining units and trade unions.

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The last limitation is collective bargaining units and trade unions

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Trade Unions & Collective Bargaining Units

Employees at these organizations are not subject to the theory.

Scenarios The first scenario, of Brenda, who is a manager, the move she makes is not a smart move at all. The at-will employment doctrine provides that such employees in trade unions are not subject to the theory. The second scenario, of Jason a supervisor, the exception of good faith undermines his acts of firing his secretary. Thus, it is not a smart move. In the third scenario involving Brian who is the head of accounting, he does not take a smart move as it is undermined by the exceptions of the doctrine as it is the right of Lori to be off. Lastly, the scenario involving peter where he does not want to stop working, yet he is sick is undermined by the exceptions; thus not a good move to continue working.

Federal law regarding undocumented workers In the United States, undocumented workers have employment rights despite immigration status. 2 It is s federal law which dictates that it is illegal to have any worker discriminated, regardless of the immigration status.

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It is s federal law which dictates that it is illegal to have any worker discriminated, regardless of the immigration status

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Under federal law, it is illegal to discriminate against any worker, regardless of their immigration status

Discrimination, which is based on the citizenship status, is prohibited by the Immigration and Nationality Act (Dau-Schmidt et al. 2016). They are therefore eligible for the worker’s compensation by the state.

References

Dau-Schmidt, K. G., Finkin, M., & Covington, R. (2016). Legal protection for the individual employee. West Academic.

Guerin, L., & Barreiro, S. (2016). Essential Guide to Federal Employment Laws. Nolo.

Kattari, S. 5 K., Whitfield, D.

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K., Whitfield, D

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K., Whitfield, D

L., Walls, N.

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L., Walls, N

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L., Walls, N

E., Langenderfer-Magruder, L., & Ramos, D.

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E., Langenderfer-Magruder, L., & Ramos, D

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E., Langenderfer-Magruder, L., & Ramos, D

(2016). 5 Policing gender through housing and employment discrimination:

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Policing gender through housing and employment discrimination

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Policing gender through housing and employment discrimination

comparison of discrimination experiences of transgender and cisgender LGBQ individuals.

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comparison of discrimination experiences of transgender and cisgender LGBQ individuals

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Comparison of discrimination experiences of transgender and cisgender LGBQ individuals

Journal of the Society for Social Work and Research, 7(3), 427-447.

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Journal of the Society for Social Work and Research, 7(3), 427-447

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Journal of the Society for Social Work and Research, 7(3), 427-447

Krieger, L. 6 H., Best, R.

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H., Best, R

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H., Best, R

K., & Edelman, L.

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K., & Edelman, L

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K., & Edelman, L

B. (2015). 7 When “best practices” win, employees lose symbolic compliance and judicial inference in federal equal employment opportunity cases.

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When “best practices” win, employees lose symbolic compliance and judicial inference in federal equal employment opportunity cases

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symbolic compliance and judicial inference in federal equal employment opportunity cases

8 Law & Social Inquiry, 40(4), 843-879.

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Law & Social Inquiry, 40(4), 843-879

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Law & Social Inquiry, 40(4), 843-879

Lewis, G. B., (2018). Equal employment opportunity and early career in federal employment. 9 In Diversity and Affirmative Action in Public Service (pp.

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In Diversity and Affirmative Action in Public Service (pp

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In Diversity And Affirmative Action In Public Service (pp

75-91). Routledge.

10 Mallory, C., Hasenbush, A., & Sears, B.

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Mallory, C., Hasenbush, A., & Sears, B

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Mallory, C., Hasenbush, A., Sears, B

(2015). 10 Discrimination and harassment by law enforcement officers in the LGBT community.

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Discrimination and harassment by law enforcement officers in the LGBT community

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Discrimination and Harassment by Law Enforcement Officers in The LGBT Community

Schoenbaum, N., (2017). Heteronormativity in Employment Discrimination Law. Washburn LJ, 56, 245.

Zimmer, M. J., & Sullivan, C. A. (2017). Cases and materials on employment discrimination. Wolters Kluwer Law & Business.