Assignment on Employment Law - doc

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Added on 2020-05-28

Assignment on Employment Law - doc

Added on 2020-05-28

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Running head: EMPLOYMENT LAWEmployment LawName of the StudentName of the UniversityAuthor Note

1EMPLOYMENT LAWCase 1What laws would applyAccording to Title VII of the Civil Rights Act of 1964, intentional discrimination againstpersons on the grounds of gender, race is strictly prohibited. However, employment practicesthat, despite any discriminatory intentions, has disproportionately negative impacts on theprotected class of individuals, amounts to a disparate impact and is legally prohibited (Johnson,2014). It is applicable to employers having more than 15 employees or more and to private,public employment agencies and organizations. Legal considerationsThe plaintiff is required to establish a prima facie case that despite being qualified for thejob, the person was subjected to discrimination owing to the ground that he belonged to aprotected class. The plaintiff must make complaint within 180 days to prove the civil rightscharge otherwise that it would become invalid. The defendant is required to establish that the conduct was non-discriminatory and wasmerely a business necessity, job relatedness or a apparent relationship for the selection practicethat resulted in adverse impact (Feldman et al., 2015). In McDonnell Douglas Corp v Green, the US Supreme Court asserted three-step burden-shifting framework that establishes discrimination cases brought under Title VII. the plaintiff is required to establish prima facie by proving that he is a member of racialminority and is qualified for the job the employer is seeking. The employer rejected his

2EMPLOYMENT LAWapplication and continued with applicants with similar qualifications after rejecting theplaintiff;the burden shifts to defendant employer who would provide legitimate reason that is non-discriminatory in nature;the burden shifts to employee for establishing that such reason is only a pretext for thediscriminatory motives of employer;In Griggs v Duke Power Co., 401 US 424, 431-2 [1971], the Duke Power Co. had apolicy of segregating employees as per race in that it permitted Afro-Americans to work only in‘labor departments’. After enforcement of Title VII, added requirement for high school diplomafor positions in labor department, thus, eliminating African-American applicant for positionsoutside the department. The court held the tests affected the ethnic community disparately,hence, employers are required to demonstrate that such tests are ‘reasonably related’ to jobs forwhich it was required. On the facts here, the employees Larry, a white male and Lee, an Asian male, mayinitiate legal proceedings against Lopez Inc for committing discrimination against both of thegrounds of race or origin under the Title VII of Civil Rights. The legislation prohibits any formof discrimination on the grounds of gender, race or origin that is committed intentionally. LopezInc has more than 27 employees and Title VII is applicable to any private employment agenciesor organizations that have more than 15 employees. As was observed on McDonnell’s case, both the plaintiff must establish prima facie thatthey were qualified for the job of independent contractors and sales person. The employer

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Assignment on Employment Law - doc