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Unlawful Discrimination

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Scenario: In a case decided by the U.S. Court of Appeals or the 8th Circuit, Crone v. United Parcel Service, Inc. (UPS) (caselaw.findlaw.com/data2/circs/8th/013595P.pdf) a UPS dispatcher was denied a supervisory position because her boss feared drivers would make her cry.
Problem: Discuss the outcome of the case, whether the holdings of this case could lead to unlawful excuses for discrimination in other settings and/or against other classes, and the ethics of incorporating the principles of this case into DWI's EEO policy book and training.

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Solution Preview

Equal opportunity is a descriptive term for an approach intended to give equal access to an environment or benefits, such as education, employment, health care, or social welfare to all, often with emphasis on members of various social groups which might have at some time suffered from discrimination. This can involve the hiring of workers and other such practices. Social groupings generally emphasized in such ways are those delineated by aspects of gender, race, or religion.

Equal opportunity practices that are race-blind or gender-blind may be distinguished from practices that involve or require affirmative action or reverse discrimination. The United States federal government and various state and local governments require affirmative action in terms of governmental hiring and contracting; many other countries make such action illegal.
The method of providing equal opportunity is often a subject of controversy, as is the means by which to measure the success or failure of equal opportunity policies. Opportunity itself is often difficult - if not impossible - to accurately measure. Thus, in practice, equal opportunity is said to exist when people with similar abilities reach similar results after doing a similar amount of work. In other words, equal opportunity is measured by the degree of equality of outcome that it generates. Indeed, equal opportunity and equality of outcome are often seen as complementary. For example, as long as inequalities can be passed form one generation to another through gifts and wealth inheritance, it is unclear that equality of opportunity for children can be achieved without greater equality of outcome for parents.

APPLICATION TO DWI OF EEO

Q- What laws does the EEOC enforce and do they apply to my business?

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits race, color, religion, sex, and national origin discrimination. Title VII applies to:

* employers with fifteen (15) or more employees

Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against individuals who are forty (40) years of age or older. The ADEA applies to:

* employers with twenty (20) or more employees

Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities. The ADA applies to:

* employers with fifteen (15) or more employees

Equal Pay Act of 1963 (EPA) prohibits wage discrimination between men and women in substantially equal jobs within the same establishment. The EPA applies to:

* Most employers with one or more employees

These laws prohibit employment discrimination based on race, color, sex, religion, national origin, age, disability, and prohibit retaliation for opposing job discrimination, filing a charge, or participating in proceedings under these laws.
Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:

* hiring and firing;
* compensation, assignment, or classification of employees;
* transfer, promotion, layoff, or recall;
* job advertisements;
* recruitment;
* testing;
* use of company facilities;
* training and apprenticeship programs;
* fringe benefits;
* pay, retirement plans, and disability leave; or
* other terms and conditions of employment.

Discriminatory practices under these laws also include:

* harassment on the basis of race, color, religion, sex, national origin, disability, or age;
* retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
* employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
* denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or ...

Solution Summary

The solution creates a case study for unlawful discrimination.

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