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Assignment 3: The Value of Fair Treatment in the Workplace

Essay Instructions:

Assignment 3: The Value of Fair Treatment in the Workplace 
Due Week 10 and worth 260 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 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 five 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 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.  
Scenarios:
#Jason, a department supervisor, requests approval to fire his secretary, Joann.  Joann is a devout Christian and was putting out Right to Life flyers in the employee break room.  Joann was also taking a lot of time to pray in the workplace during some of the busiest times of day.  Jason wants to fire Joann. Can Joann sue for wrongful termination and prevail? 
#Jamal, a manager, started a blog on the company website for employee grievances. He noticed a worker was protesting that no employees had gotten a raise in the last year and that the CEO was making a lot of money. Jamal reprimanded the worker and the next day, the employee posted a sign-up sheet on the blog to start a union.  Jamal threatened to the fire the employee and, when the employee did not show up for work for a week, fired him.  Can the employee 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?
#Peter has worked for the company for 1 year. He has a rare form of liver disease and works with chemicals that make his condition worse. Peter does not want to stop working, but his boss is not happy with his performance and wants to let him go. Can Peter 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
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Institution:
Introduction.
There are several laws and policies that the United States Government has passed to prevent employees from certain vices in the workplace such as gender discrimination, race and ethnic basis, origin, sexual orientation, and outward appearance. The notion of discrimination constitutes a particular level of biasness in hiring new employees, assigning jobs to employees, promotion, retaliation, responsibility termination, and compensation among other forms of unacceptable treatment in the workplace. Laws passed to curb the issue of discrimination in the workplace contain various accounts of national, state, and federal statutes that provide extensive protection to employees from discrimination. This text seeks to analyze, identify and explain recent legislation that helps protect employees from discrimination in the workplace, explain the employment-at-will doctrine and its expectations while considering several scenarios to determine the law regarding the legibility of the possible protection of undocumented workers.
Two Recent Federal Legislative Protections.
There have been two amendments made to the U.S. Constitution- the 5th and the 14th. The two serve the purpose of limiting the power of the state and federal to discrimination. The 5th Amendment of the constitution contains a single obligation of disabling the federal government from depriving citizens of “liberty, life or property” (Lewis et al. 2018). That is an explicit guarantee. The amendment also contains an implicit requirement which guarantees all individuals being governed in the same regional territory to receive an equal level of protection based on the implemented laws. Additionally, the amendment comprises of five constitutional rights where one of them protects a person against self and forceful discrimination in any environment.
The explicit obligation of the 14th Amendment abolishes any violation of the rights of an individual. The amendment also offers equal protection to the citizens. In a workplace environment, a section of the amendment that provides equal protection prevents the federal government from discriminating employees, discriminating their general practices and treating them unfairly in terms of employment, selecting the best job applicants, their behavior to veteran employees and discriminating employees based on their gender and race (Lewis et al. 2018). The section of the law also states that when an employee has received a termination notice of their responsibilities, he or he should be provided with protection rights such as the right to speech and expression to be given an explanation of the situation.
There are other laws that limit the issue of discrimination in the workplace. These are the Equity Pay Act, the Fair Labor Standards Act and the Rehabilitation Act. The Equity Pay Act abolishes the disparity in the amount of wage paid to employees on the basis of sex. The Fair Labor Standards Act prevents discrimination in an employment environment by creating a minimum wage and overtime pay that individuals would benefit from when they work for more than 40 hours in the firm (Lewis et al. 2018). ...
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