Imagine That You Are Asked By An Employer To Evaluate

Imagine That You Are Asked By An Employer To Evaluate Whether Or Not D

Imagine that you are asked by an employer to evaluate whether or not discrimination occurred when a minority employee was terminated or was refused promotion. You may select the specific type of discrimination (gender, race, ethnicity, orientation).

1. Which laws and factors (constitutional protections, disparate treatment, affirmative action, equal opportunity, etc.) would you consider in your evaluation? Why did you select these?

2. How would your determination change if the status of the employee was employment-at-will?

Should be at least 300 words no paper format required and two references.

Discuss the responsibilities of organizations to volunteers in these two items:

1. Recruiting volunteers

2. Managing and Training volunteers

How does the Volunteer Protection Act of 1997 affect your two selections?

Should be at least 300 words no paper format required and two references.

Paper For Above instruction

In evaluating whether discrimination occurred during the termination or denial of promotion for a minority employee, it is essential to consider key legal frameworks and organizational factors. These include constitutional protections, federal and state anti-discrimination laws, concepts of disparate treatment, affirmative action, and policies promoting equal opportunity. Such considerations help determine whether the employer's actions were based on legitimate, nondiscriminatory reasons or influenced by bias.

Federal laws like Title VII of the Civil Rights Act of 1964 are foundational in prohibiting employment discrimination based on race, color, religion, sex, or national origin (U.S. Equal Employment Opportunity Commission, 2020). These laws establish that discrimination—whether in termination or promotion decisions—is unlawful if it is based on protected characteristics. Disparate treatment refers to intentional discrimination when an employee is treated differently due to protected statuses, and evaluating evidence such as inconsistent reasons given for decision-making is vital (Ferrell & Fraedrich, 2019).

Affirmative action policies, while aimed at rectifying historic inequalities, also influence assessment procedures by emphasizing the importance of diversity and inclusion in employment practices (Holzer & Neumark, 2017). Additionally, constitutional protections, especially the Fourteenth Amendment's Equal Protection Clause, reinforce the legal obligation not to discriminate unlawfully in employment contexts.

When assessing whether discrimination occurred, weight is also given to organizational commitments to affirmative duty and to ensuring a fair, nondiscriminatory workplace environment. Factors such as documented evidence, procedural consistency, and adherence to established policies all contribute to an accurate evaluation.

If the employee's employment status was at-will, the determination might shift somewhat. At-will employment allows employers to terminate employees for any lawful reason or none at all, barring discriminatory motives. However, even in at-will contexts, unlawful discrimination remains prohibited. Therefore, the legal threshold focuses on whether the termination was motivated by discrimination rather than the employment relationship's at-will nature (Kang, 2019).

In terms of organizational responsibilities to volunteers, recruitment involves transparent, equitable procedures that attract diverse candidate pools and promote inclusiveness (Brudney & Meijs, 2014). Managing and training volunteers encompass providing adequate resources, clear roles, and ongoing development opportunities to ensure effective engagement. The Volunteer Protection Act of 1997 offers legal immunity to volunteers from liability for acts performed in good faith within their duties, encouraging volunteer participation without fear of legal repercussions (Volunteer Protection Act, 1997). This act emphasizes organizational obligation to support and protect volunteers while fostering a safe environment for service.

References

• Ferrell, O. C., & Fraedrich, J. (2019). Business ethics: Ethical decision making & cases. Cengage Learning.
• Holzer, H., & Neumark, D. (2017). Affirmative action and employment outcomes. Journal of Economic Perspectives, 31(1), 139-160.
• Kang, J. (2019). The at-will employment doctrine and its legal limits. Harvard Law Review. Retrieved from https://harvardlawreview.org
• U.S. Equal Employment Opportunity Commission. (2020). Title VII of the Civil Rights Act of 1964. EEOC.gov
• Volunteer Protection Act of 1997, Pub. L. No. 105-19, 111 Stat. 218 (1997).
• Brudney, J. L., & Meijs, L. C. P. M. (2014). Guarantor of Volunteer Management. Nonprofit and Voluntary Sector Quarterly, 43(4_suppl), 6S–36S.