Find A Relative, Friend, Neighbor, Or Someone Who Matters

Discriminationfind A Relative Friend Neighbor Someone Who May Hav

Discrimination: FIND A RELATIVE, FRIEND, NEIGHBOR, SOMEONE, WHO MAY HAVE BEEN DISCRIMINATED AGAINST AT WORK. (1) DESCRIBE THEIR PRIMA FACIE CASE, (2) THEN DESCRIBE THE EMPLOYER'S DEFENSE, (3) THEN DESCRIBE WHY THAT IS A PRETEXT, (4) THEN PROPOSE A REMEDY. YOUR PAPER NEEDS THESE FOUR PARTS ONE OR TWO PAGES IS FINE.

Paper For Above instruction

Introduction

Discrimination in the workplace remains a significant issue that affects individuals across diverse backgrounds. This paper examines a hypothetical scenario involving a neighbor, Sarah, who may have experienced workplace discrimination. The analysis includes establishing the prima facie case, evaluating the employer’s defense, identifying pretext, and proposing an appropriate remedy.

Part 1: Prima Facie Case

Sarah, a qualified employee at a manufacturing company, believes she was subjected to racial discrimination based on her ethnicity. She was consistently passed over for promotions despite her strong performance record and positive performance reviews. Furthermore, her employer assigned her less favorable shifts and excluded her from important team meetings, despite her expressed interest and availability. These actions suggest discrimination based on her race, which she attributes to her employer’s bias rather than legitimate business reasons. According to the necessary elements for establishing a prima facie case under Title VII of the Civil Rights Act, Sarah must demonstrate that she belongs to a protected class, was qualified for her position, suffered an adverse employment action, and was replaced or treated differently than similarly situated employees outside her protected class.

In Sarah’s case, she qualifies as a member of a protected class due to her ethnicity, she was performing well, and she experienced adverse actions—denial of promotion and unfavorable shift assignments. Additionally, her coworkers outside her protected class retained their promotions and favorable shifts. The pattern of treatment indicates a possible case of discrimination, fulfilling the prima facie burden.

Part 2: Employer’s Defense

The employer might defend their actions by claiming legitimate, non-discriminatory reasons for their decisions. For instance, the employer could argue that Sarah was passed over for promotion due to her perceived lack of leadership skills or insufficient seniority, or that her shift assignments were based on operational needs rather than bias. The employer might also invoke company policies or performance metrics to justify their decisions, asserting that promotions and shift allocations were based on merit and business necessity rather than discriminatory motives.

Part 3: Pretext

To demonstrate pretext, Sarah must show that the employer’s articulated reasons are false or serve as a cover-up for discriminatory motives. Evidence could include discrepancies between the employer’s stated reasons and their actual behavior. For example, if Sarah’s performance reviews were consistently positive, yet she was denied promotion, this inconsistency would suggest the employer’s reason is fabricated. Furthermore, comparative evidence can be pivotal; if similarly situated employees outside her protected class received promotions and favorable shifts without such scrutiny, it underscores that the official reasons are pretexts. Testimonies, internal communications, or documented patterns of discrimination can bolster the claim of pretext.

Part 4: Proposed Remedy

The appropriate remedy in this scenario involves several components. First, Sarah should seek corrective action through filing a formal complaint with the Equal Employment Opportunity Commission (EEOC). If discrimination is substantiated, remedies could include back pay, promotion, and compensation for emotional distress. Additionally, the employer should implement anti-discrimination training, revise policies to promote equity, and monitor workplace practices to prevent future bias. An organizational culture shift towards inclusivity and fairness is essential. If the case proceeds to litigation, a court might order injunctive relief, such as mandatory training or policy changes, alongside damages to compensate for harm suffered.

Conclusion

Workplace discrimination remains a pressing concern requiring diligent attention and proactive remedies. In Sarah’s case, establishing a prima facie case, scrutinizing the employer’s defense, identifying pretext, and advocating for concrete remedies can contribute to rectifying discriminatory practices and fostering a more equitable work environment.

References

- Equal Employment Opportunity Commission (EEOC). (2020). Employment Discrimination: Making Sense of the Law. EEOC Publications.

- Bassett, G. (2018). Workplace Discrimination Law. Oxford University Press.

- Williams, M. (2021). Anti-Discrimination Policies and Their Effectiveness. Journal of Labor & Employment Law, 34(2), 211-240.

- U.S. Equal Employment Opportunity Commission. (n.d.). Discrimination FAQ. https://www.eeoc.gov/laws/discrimination

- Sabatelli, R. M. (2019). Discrimination and Human Resource Management. SAGE Publications.

- Bell, M. P. (2020). Diversity in organizations. Routledge.

- Kaley, J. B. (2017). Workplace Discrimination Law: Protecting Employees in a Changing Environment. West Academic Publishing.

- Bernstein, D. (2019). The Law of Discrimination. Thomson West.

- Fisher, G. (2018). Discrimination in Employment: Blind Rules and Fair Outcomes. Harvard Law Review.

- Johnson, G., & Doyle, S. (2022). Organizational Strategies to Combat Workplace Bias. Journal of Business Ethics, 174, 379–394.