Legal Environment for Employee Decisions: Discrimination Case Study

This assignment analyzes a case of employment discrimination, focusing on the legal environment and employee rights. It examines the scenario where Linda was denied a job due to her gender, referencing key legislation like the Civil Rights Act of 1964, the Worker Adjustment and Retraining Notification Act of 1988, and relevant court cases such as United Automobile Workers v. Johnson Controls Inc. and Meritor Savings Bank v. Vinson. The analysis includes management tips for both Linda and the company, considering defenses like bonafide occupational qualification. The assignment highlights the importance of equal opportunity, the role of the EEOC, and the legal implications of discrimination in the workplace. The document provides a comprehensive overview of the legal aspects of employment discrimination, offering insights into the rights of employees and the responsibilities of employers.

Running head: LEGAL ENVIRONMENT FOR EMPLOYEE DECISION
Question & Answer on
Employment Discrimination
Name of the student:
Name of the university:
Author note

1LEGAL ENVIRONMENT FOR EMPLOYEE DECISION
Table of Contents
Answer of Lesson 1....................................................................................................................2
Analyse:......................................................................................................................................2
Management tips:.......................................................................................................................3
Tips for Linda:........................................................................................................................3
Tips for the company:.............................................................................................................3
Reference:..................................................................................................................................4

2LEGAL ENVIRONMENT FOR EMPLOYEE DECISION
Answer of Lesson 1
Analyze:
Employment discrimination is an unethical job done by employers or management
authorities. According to Equal Employment Opportunity Commission (EEOC), the
employees are discriminated on the basis of their age, sex, colour, disability or other issues
(Anderson et al., 2016). Different countries have implemented various legislations to protect
an employee to be discriminated in the workplaces. Countries like Australia, Canada, South
Africa, and United Kingdom have enacted necessary Acts for securing the interest of the
employees. In the given case, it has been observed that Linda was denied to appoint in a post
due to her gender. In United States, there are several legislations dealing with employment
discrimination like Civil Rights Act 1964, Worker Adjustment and Retraining Notification
Act 1988, Employment Non-Discrimination Act and Sex Discrimination Act 1975.
The Civil Rights Act 1964 is concentrated on the establishment of civil rights in
the workplaces and according to Title VII of this Act; no employee should be discriminated
on the basis of their age or sex (Guy, & Fenley, 2014). However, Title VII applies to those
companies which have fifteen or more employees and in case of public company, general rule
will apply. In United Automobile Workers v Johnson Controls Inc. 499 U.S. 187, US
Supreme Court had decided that discriminate a women from hazardous occupation is illegal
and against the policies of Civil Rights Act 1964. In Meritor Savings Bank v Vinson 477
U.S. 57, the US Supreme Court decided that sexual harassment and discrimination is a direct
violation against the Civil Rights Act.
The Worker Adjustment and Retraining Notification Act 1988 have stated that in
case on mass lay off, every employee should given sixty days advance notice (Lippmann &

3LEGAL ENVIRONMENT FOR EMPLOYEE DECISION
Brown, 2016). The main objective of this Act is to provide an opportunity to the employee so
that they could adjust with the jobless environment. Apart from this, the employee could file
claim before the Equal Employment Opportunity Commission (EEOC) and the commission
will investigate into the matter.
However, there are certain rights given to the employer to defend themselves in
case of any allegation regarding discrimination. The employer can defend them in the shadow
of bonafide occupational qualification, where it has been stated that the employer can choose
the proper employee on the basis of sex or religion if it is necessary for the nominal operation
of that work or business (Cavico & Mujtaba, 2016). This rule can be applied for safety
reason. Dothard v Rawlinson 433 US 321 is a remarkable case where the principle of
bonafide occupational qualification has been established.
Management tips:
Tips for Linda:
As per the Civil Rights Act, Linda should get the equal opportunity as that of a
male employee and in case of any discrimination, she has every rights to file a claim before
EEOC. Further, if she has not given sixty day’s advance notice regarding lay off by the
telephone authority, she can file a case under the Worker Adjustment and Retraining
Notification Act 1988. According to the decision made in United Automobile Workers’ case,
she should not be discriminated from her desired job because of her sex. She can claim for
disparate treatment in the workplace.
Tips for the company:
Climbing telephone pole is a dangerous job and accident may happen at any time.
Therefore, the company can take the defence of bonafide occupational qualification for safety

4LEGAL ENVIRONMENT FOR EMPLOYEE DECISION
purpose. However, the company should have to follow all the legal provisions and should
have to observe carefully so that any legal provisions should not getting affected by the acts
or decisions of the company. Further, the company should have to serve a notice to Linda by
showing relevant causes for her termination before sixty calendar days.

5LEGAL ENVIRONMENT FOR EMPLOYEE DECISION
Reference:
Anderson, D., Bos, B., Bresler, C., Burton, W., Calitz, C., Colao, R., ... & Grossmeier, J.
(2016). A Response to Proposed Equal Employment Opportunity Commission
Regulations on Employer-Sponsored Health, Safety, and Well-Being Initiatives.
Cavico, F. J., & Mujtaba, B. G. (2016). The Bona Fide Occupational Qualification (BFOQ)
Defense in Employment Discrimination: A Narrow and Limited Justification
Exception. Journal of Business Studies Quarterly, 7(4), 15.
Guy, M. E., & Fenley, V. M. (2014). Inch by inch: Gender equity since the Civil Rights Act
of 1964. Review of Public Personnel Administration, 34(1), 40-58.
Lippmann, S., & Brown, J. S. (2016). Unemployment, Reemployment, and Health Insurance
Status Among Older Workers in the Flexible Labor Market. Sociological
Inquiry, 86(4), 563-592.