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The Value of Fair Treatment in the Workplace Business Essay

Essay Instructions:

Directions: Please read the scenerio and answer the following questions. For Question Number 3 You would use Alabama for the home state. The name of the book is Jennings, M. M. (2018). Business: Its legal, ethical, and global environment (11th ed.). Mason, OH: Cengage Learning. The chapters range from 16,19, and 20.
Scenerio:
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 antidiscrimination 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 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 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.
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.

Essay Sample Content Preview:

The value of fair treatment in the workplace
Name
Institution
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
The value of fair treatment in the workplace
The most recent legislative act is the Civil Rights Act of 1991. It is an improvement of the Title VII act of 1964. The act is further subdivided into four major parts; Right of recovery, compensatory and punitive damages, jury trial, and definitions (Jennings, 2018).
Right of recovery
This part is to cover four divisions. The first one being civil rights. It states that if any civil person feels discriminated in any way, he or she should file a petition. In this case, the respondent if found guilty he or she should be able to compensate the complainant for the damages caused.
The second deals with Disability. In case of unlawful discrimination based on disability, the complainant will also seek justice in the court of law and if the respondent is found guilty, he or she needs to pay compensatory or punitive damages according to the law (Jennings, 2018)
In other cases, the defendant and the complainant may come into an agreement about alleged discrimination. In such a case, damages are not awarded where the defendant demonstrates good faith. Instead, the complainant is awarded an equal opportunity that would not cause any hardships to the person (Jennings, 2018)
Compensatory and punitive damages
The first one under this section is the determination of punitive damages. When a complainant is discriminated against and proven in a court of law, he or she recovers punitive damages through this section. This only happens when the complainant proves beyond doubt that the respondent broke the law and openly discriminated against the individual (Jennings, 2018).
The second one is exclusion from compensatory damages. Any compensation provided under this section does not exclude interests and backpays.
Compensatory damages shall also have limitations. This is the third thing where the complainant needs to be compensated just equal to the damage caused and not more or less (Jennings, 2018).
Jury trial
When a complainant seeks justice through this section, any party is at liberty to demand trial by a jury and the court shall not inform the jury of its limitations.
Definitions
The first word is complaining party refers to a person who seeks justice from a court of law, in this case, on grounds of discrimination in the employment.
The second word to be defined is the discriminatory practice. It refers to what form of violation of law has been experienced.
Examples of recent federal legislative laws include the Rehabilitation Act of 1973 and the Civil Rights Act of 1991. State laws govern citizens within a particular state while federal law as cuts across all the laws. There are instances when federal laws clash with state laws as in the example of controlling the use of marijuana. Some state laws consider marijuana medicinal but federal laws consider marijuana a dangerous and addictive drug that is not good for recreational purpo...
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