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The Value of Fair Treatment in the Workplace Law Essay

Essay Instructions:

Assignment 3: The Value of Fair Treatment in the Workplace
Due Week 10 and worth 245 points
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 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). 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

Essay Sample Content Preview:

The Value of Fair Treatment in the Workplace
Student Name
Institutional Affiliation
The Value of Fair Treatment in the Workplace
Question 1
The Genetic Information Nondiscrimination Act (GINA) 2008 is one of the acts that prevent discrimination in the workplace. Part II of the act criminalizes discrimination in employment. The law applies to employers who have more than 15 workers. GINA is not retrospective, meaning it does not apply to acts of genetic discrimination that took place before the law was enacted. However, since the enactment of the law, employers have to abide with its provisions to avoid lawsuits.
GINA protects people against discrimination on the basis of their genetic information. Genetic information firstly includes information related to the genetic tests of the workers (Suter, 2019). Secondly, employers are forbidden from discriminating against their workers because of genetic test of a family member. Thirdly, employees are protected from discrimination because of their family medical history. Lastly, GINA protects genetic information regarding fetus carried by a person or a member of the family.
GINA prohibits the requesting, demanding and purchasing genetic information from workers or applicants. It is illegal for employers to require workers or applicants to answer questions related to the medical history of their families even in an employment-related exam. There are, however, circumstances under which an employer may request or require genetic information (Prince & Roche, 2014). Firstly, if genetic information is part of a health service like a wellness program that the employer provides on a voluntary basis. Secondly, an employer is permitted to obtain genetic information if there is a need to abide with the provisions of the Family and Medical Leave Act or any other employer leave policies. Thirdly, an employer could obtain information from commercially and publicly available sources. Fourthly, GINA does is not applicable to employers who have less than 15 staff members. Lastly, employers are allowed to have genetic information where genetic monitoring is required by the law or where on voluntary basis. In the case where an employer obtains genetic information legally, the employer must comply with HIPAA. All the information obtained should be confidential.
There are instances when GINA conflicts with state laws. This is because a patchwork of state laws exist to protect workers. It is critical to consider GINA as a federal law that sets minimum protection against genetic discrimination. There are some states that have stronger protections. For instance, some states like California have passed laws that go beyond the provisions of GINA (Clayton, Evans, Hazel & Rothstein, 2019). In such a case, then GINA does not pre-empt such state laws. The state law that is stronger than GINA then applies. On the other hand, there are some states with weaker laws against genetic discrimination. In such circumstances, the state regulations are supposed to match GINA’s protections. Where states may not have GINA’s level of protection, then the provisions of GINA can be enforced.
Question 2
Employment-at-will (EAW) Doctrine indicates that on the one hand, a worker can leave a jo...
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