Explore BrainMass

Statute and Case Law Relationship in Employment Law

Identify an employment law case pertaining to National Origin and Disability. For each case identified, provide a brief summary and identify the statute or regulation interpreted in the case. Explain the relationship between the case and relevant statutes and/or regulations. Examine how the statute and/or regulations have evolved through case interpretation. Describe how the cases identified impact the employment environment.

Solution Preview

I would highly recommend you go to your school library/ a local law school library and figure out how to get access to On westlaw, u can ask the reference librarian for help, you should do in the cases section using the search terms, disability law and national origin.
Westlaw will give you the case summary, it will also give a list of the law/ regulations/ statutes relied on to make the decision.



a) Here's a link on an overview of employment discrimination law: Employment Discrimination:

b) Here's a piece from the link on "national origin discrimination" that I have cut and pasted:
Since the Civil Rights Movement of the 1960s, federal and state governments have enacted a number of laws that bar an employer from discriminating against employees on almost any grounds, aside from the quality of the employee's work or the nature of his or her personality. Following is an introduction to the law of discrimination in employment.
Race, National Origin, Gender, and Religion
The best known of employment anti-discrimination laws, Title VII of the Civil Rights Act of 1964, prohibits an employer with fifteen or more employees from discriminating on the basis of race, national origin, gender, or religion. Under Title VII, it is illegal for an employer to take any of the following actions against an employee based upon his or her race, national origin, gender, or religion:
* Refuse to hire;
* Discipline;
* Fire;
* Deny training;
* Fail to promote;
* Pay less or demote; or
* Harass.
In addition, it is illegal for an employer to adopt a policy or practice that has a "disparate impact" on a protected class, such as by adopting hiring criteria that tend to screen out women or minority group members, or by instituting a required test for promotion on which a particular class tends to score badly. Such a policy or test, like a specific policy that only men or women can have certain jobs, is legal only if it can be deemed a "bona fide occupational qualification." An example is a strength test that tends to screen out women, but is a necessary test for fire fighters who must be able to carry victims down tall ladders."

c) here's a part from the next page (same link as above) but on disability discrimination:
"Disability Discrimination
The Americans With Disabilities Act (ADA) and the Rehabilitation Act bar discrimination against those who are disabled. The ADA bars discrimination by private employers with more than fifteen employees, and the Rehabilitation Act applies to all government entities and federal contractors. Unlike other civil rights laws which protect easily-identifiable classes such as race or gender, in order to be protected by the ADA or the Rehabilitation Act, an employee or applicant must show that he or she is, in fact, disabled, has a history of being disabled, or was regarded by the employer as being disabled. Once the employee or applicant makes this showing, however, he or she is not only protected from discrimination, but is also entitled to "reasonable accommodation" for the disability if necessary. Reasonable accommodation may include a modified work schedule or work duties, unpaid time off, or special devices that will help the employee in the performance of his or her job duties."


II. Federal Laws Prohibiting Employment Discrimination

a) Here's a link to federal laws prohibiting employment discrimination, u can go through them for a better idea of the laws out there, and if you find a case that u think is relevant to your research and it quotes the law then u can refer back to this page and look up that law, and summarize it.

b) the link on findlaw is: ...

Solution Summary

This solution discusses employment law and the actions that an employer may not take based on an employees race, national origin, gender or religion. It also discusses disability discrimination and identifies relevant cases.