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The Value of Fair Treatment in the Workplace Law Case Study

Case Study Instructions:

The Value of Fair Treatment in the Workplace
You have been hired as a management consultant by a large company to examine the business decisions of the company in regard to employee protections. The laws applicable are federal anti discrimination laws, federal health and safety laws, state laws and employer firing practices related to the employment-at-will doctrine.
In relation to the questions below, write a four to six (4-6) page paper in which you:
1. Analyze, identify, and explain recent legislation that helps to protect employees from discrimination in the workplace. Provide at least two recent federal legislative protections/laws. Provide some insight when the federal legislation conflicts with the state. (Please note, the Title VII of the Civil Rights Act is not an acceptable example for this question)
2. Explain the Employment-at-Will (EAW) Doctrine and ALL possible exceptions to the doctrine. Look at the scenarios below and determine, pursuant to the law, whether the decision to fire the employee is a smart one. Identify why or why not and determine all the possible exceptions per the EAW doctrine that are, might be, or could be applicable if the employee sues for wrongful termination. Be sure to identify the law and explain it. Then, apply the law and answer the question. (All employees below are employees-at-will).
Scenarios:
Peter, a department supervisor, requests approval to fire Robert, his secretary. Robert is a devout Buddhist and was putting out Buddhist literature in the employee break room. Robert was also taking a lot of time to meditate in the workplace during some of the busiest times of day. Peter wants to fire Robert. If fired, can Robert sue for wrongful termination and prevail?
Lori, a manager, started a blog on the company website for the company softball league. She noticed a worker, Seth, was protesting that employees were not getting paid enough and that benefits were costly. Lori reprimanded Seth and the next day, Seth posted a sign-up sheet on the blog to start a union. Lori fired Seth a week later when he failed to show to work one day. Can Seth sue for wrongful termination and prevail?
Lori, head of Accounting, refused to sign Brian’s parental leave request. Brian is seeking 12 weeks of paid leave to care for his newborn son and wants to take this time during the most busy time – tax season. Can Brian sue for wrongful termination and prevail?
Jackson has worked for the company for 10 years. He is a researcher and has a rare form of liver disease. The chemicals he works with make his condition worse but, he does not want to stop working. Jackson's health is failing and, it effects his work. His boss, Jerry, is not happy with his performance and, when Jackson failed to show results from his research, fired him. Can Jackson sue for wrongful termination and prevail?

3. Determine the law the state of Maryland, USA, in regard to undocumented workers and whether they are eligible for state workers’ compensation in the United States. Advocate for or against this practice and substantiate your response with research to support your position. How does the state law conflict with federal immigration law? Support your response.
4. Use the textbook and the Strayer University Library to locate at least two other quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as academic resources. The textbook for this class is a required source for this assignment.
Your assignment must follow these formatting requirements:
This course requires the use of Strayer Writing Standards, SWS standards is uploaded with this order. Paper requires a cover page and a reference page. Strayer Writing Standards is different than APA and other Strayer University courses. Please take a moment to review the SWS documentation for details and comply with this requirement.
The specific course learning outcome associated with this assignment is as follows:
Evaluate law relative to workplace discrimination, employment at will, state workers’ compensation eligibility and the Supremacy Clause.

Case Study Sample Content Preview:

The Value of Fair Treatment in the Workplace
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The Value of Fair Treatment in the Workplace
Question One
Employment discrimination in the workplace occurs when an employer treats an employee unfairly because of their race, national origin, gender, sexual orientation, religion, disability, or age. Thus, employees need to be protected from such discrimination. Over the years, the federal government has passed many laws in an effort to eliminate employment discrimination and enforce fair treatment at the workplace. According to Jennings (1), Title VII of the Civil Rights Act forms the foundation of all employment discrimination legislation. Many laws have been passed to address specific forms of discrimination such as disability discrimination, pregnancy discrimination, or age discrimination. Even more recently, due to the development in science and technology, a new form of discrimination based on genetic information has risen, calling for the enactment of a law to protect employees against such a form of discrimination.
In 2008, the Genetic Information Nondiscrimination Act (GINA) was made into law. This legislation provides Americans with protection from insurance and employment discrimination (National Human Genome Research Institute (NHGRI), 2). Specifically, Title II of GINA prohibits employers from discriminating current or potential employees on the basis of their genetic information. Also, it prohibits employers from requesting genetic information or tests from an individual as a prerequisite for employment. GINA became effective on January 10, 2011, and is enforced by the Equal Employment Opportunity Commission (EEOC) for employers with more than 15 employees. Its other exception is the military, which is allowed to use genetic information or tests as a prerequisite for employment (NHGRI, 2). Also, GINA takes precedence in case of a conflict with state law. It does not, however, take precedence if a state has more stringent laws on genetic discrimination.
The American with Disability Act of 1990 (ADA) is also another legislation that prevents employment discrimination. The ADA prevents state and local governments, employment agencies, unions, and private employers from discriminating qualified individuals with mental or physical disabilities (U.S. Equal Employment Opportunity Commission (EEOC), 3). Also, the ADA requires employers to provide reasonable accommodation to the specific disability so that the employee has equal chances of faring well on the job, unless such accommodation affects the operations of the employer, unreasonably. For instance, if an employee is required to extract data from an audio file and they have a hearing impairment, it is reasonable for the employer to provide them with a visual aid on the same. In case there is a state law that conflicts with the ADA, the ADA takes precedence and employers cannot use the state law in their defense.
Question Two
Employment-at-Will Doctrine refers to the employment agreement where an employer can dismiss an employee at any time and an employee can leave at any time with no warning or cause. There are several exceptions to the Employment-at-Will Doctrine whereby termination can be termed as wrongful. The first...
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