01 Apr Human Resource Management

Please answer the following two discussion questions. This is due tomorrow and please remember to cite your sources.

Discussion Topic #1 Harassment in the Workplace

This morning the Boss entered your office and told you that he wanted you to prepare a termination for an employee, John.  He said that he just found out that John was previously Jane and that this knowledge ate at the core of his religious beliefs and he would not tolerate such aberrant behavior in his organization.  As the HR Leader, what would you tell your Boss regarding this matter? And by the way, your Boss is the  CEO of the Church of Natural Theolog's  Medical Clinic and John is a Licensed Nurse Practitioner for the Clinic and a lay minister in the Church.

Here are a few references to get you going:

1. http://www.nolo.com/legal-encyclopedia/fighting-sexual-harassment-29532.html

2. https://www.nolo.com/legal-encyclopedia/same-sex-harassment-know-your-rights.html

3. https://www.eeoc.gov/eeoc/newsroom/wysk/lgbt_examples_decisions.cfm

4. SHRM Article on Avoiding LGBTQ Discrimination in your Benefits Program

5. SHRM Article on What Does the High Court's LGBTQ Ruling Mean for Employee Benefits

Discussion Topic #2 Discrimination based on BFOQ & Business Necessity

Please watch this video: https://www.youtube.com/watch?v=LEb7tUySdkY

BFOQ's and "business necessity" sometimes serve as exceptions to the rule that you cannot discriminate in employment decisions.

1. Briefly discuss the difference between BFOQ and Business Necessity defenses.

2. Locate one real life case from a court or other tribunal where a BFOQ argument carried the day–or did not. Summarize the case. Do you agree or not with the decision? Why or why not?

3. Locate one real life case where the argument "business necessity" carried the day – or did not.  Summarize the case. Do you agree or not with the decision? Why or why not?

 Here are some references for you to consider:

1. Definition of BFOQ  from   https://www.law.cornell.edu/wex/bona_fide_occupational_qualification_(bfoq)

2. https://scholarship.law.edu/cgi/viewcontent.cgi?article=2259&context=lawreview

3. http://www.nolo.com/legal-encyclopedia/fighting-race-national-origin-discrimination-29672.html

4. http://www.nolo.com/legal-encyclopedia/reasonable-accommodation-religious-beliefs.html

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