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Employment law 2 - Essay Example

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Name: University: Course: Tutor: Date: Employment law 2 Question 1 It is apparent that not all questions asked during the interview are legal. However, there is no law that prohibits asking questions or restricts or dictates the kind of questions to ask. The major issue of concern involves federal equal employment opportunity (EEO) laws, which prohibits employment discrimination…
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Download file to see previous pages In this regard, it was not necessary for Leslie Accounting Firm to ask Gale these questions. Question 2 Jill can not use this situation as a defense to a Title VII action. This can be analysed to mean that she used the excuse so that she could discriminate the Hispanic crew members. In fact, EEOC compliance requires that employers should not discriminate people for employment on the basis of their color, nationality, or race. Question 3 An affirmative action is a plan containing statistical information indicating the association of precise jobs between eligible people especially in metropolitan recruiting areas and actual number of employees employed (Goldman and Corrada 194). Conversely, quotas are never allowed except in situations where they are directed by the federal court as a result of continued discrimination. In essence, goals are established in relation to when the fraction of underrepresented is less than what is expected and available in the recruitment area. However, the key element is that the availability depends on individuals having the required qualifications for the job, not just the percentage of minorities. Question 4 Title VII’s of the civil rights Act of 1964 prohibits against discrimination. This law protects mothers of young children from workplace discrimination (Goldman and Corrada 200). It is the responsibility of employers to prevent harassment directed to caregivers from occurring in the work place. Employees subjected to such harassment are required to follow the employer’s harassment complaint process. In case the employee report the matter to the employer and no action is taken against the supervisor, the employee can sue the employer for hostile work environment that violated Title VII. If the investigator determines that the employee was subjected to a hostile work environment, the court may rule that the employer was liable. Question 5 In the legal definition, sexual harassment is considered to be undesirable vocal, bodily, or visual demeanor of a sexual nature that affects working conditions (Goldman and Corrada 200). Firstly, going by this definition, it is apparent that the employee in the current scenario can sue the employer for sexual harassment. However, the employees would be required by the court to prove the claim of sexual harassment. Therefore, she needs to prove she belongs to a protected class and that the harassment complained of was based on sex. In this case, the employee is a woman and is protected under antidiscrimination law. The act of her supervisor touching her back qualifies as a physical conduct of a sexual nature, and his making of “untoward” statement qualifies to be a verbal conduct of a sexual nature. Nevertheless, in determining the case, the court may look in to some issues. For example, as an employee, it is advisable to report such cases to employer in the company under published sexual harassment policy and give them a chance to solve the problem (Goldman and Corrada 201). In this case, if the worker does not report to the employer first, she might loose the case. The law states that sexual harassment has to be severe or pervasive. In this regard, since the incidence occurred once, can not be enough for a law suit. Question 6 National origin ...Download file to see next pagesRead More
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