13 Apr Identify what employment law Susan Fowler’s sexual harassment claim would be characterized as
Order Instructions
Instructions
Read “Case 3-1, (attached)You Can’t Get There From Here: Uber Slow On Diversity”. After you have read the case study, write an analysis of the case study.
Write an introduction to give context to your paper by explaining what the paper will cover. Then, divide the body of your paper using the seven headers below. Address the points within that section, as indicated under the header.
1. Employment Law
Identify what employment law Susan Fowler’s sexual harassment claim would be characterized as. Be sure to develop your answer to include your rationale.
The Equal Pay Act of 1963 requires that women be paid equal to men if they are doing the same work.
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, or national origin, in all areas of the employment relationship.
The Age Discrimination in Employment Act of 1967 prohibits age discrimination against people 40 years of age or older, and it restricts mandatory retirement.
The Vietnam Era Veterans Readjustment Assistance Act of 1974 prohibits discrimination against Vietnam veterans by all employers with federal contracts or subcontracts of $100,000 or more. It also requires that affirmative action be taken.
The Pregnancy Discrimination Act of 1978 prohibits discrimination against women affected by pregnancy, childbirth, or related medical conditions; and it treats such discrimination as unlawful sex discrimination.
The Americans with Disabilities Act of 1990 strengthened the Rehabilitation Act of 1973 to require employers to provide “reasonable accommodations” to allow disabled employees to work.
The Civil Rights Act of 1991 strengthened civil rights by providing for possible compensatory and punitive damages for discrimination.
The Uniform Services Employment and Reemployment Rights Act (USERRA) ensures the civilian reemployment rights of military members who were called away from their regular (nonmilitary) jobs by US government orders.
The Veterans Benefits Improvement Act of 2004 amends USERRA to extend health care coverage while away on duty; and it requires employers to post a notice of benefits, duties, and rights of reemployment.
The Genetic Information Nondiscrimination Act of 2008 prohibits the use of genetic information in employment, prohibits intentional acquisition of the same, and imposes confidentiality requirements.
The Lilly Ledbetter Fair Pay Act of 2009 amends the 1964 CRA to extend the period of time in which an employee is allowed to file a lawsuit alleging pay discrimination.
2. Type of Harassment
Identify the type(s) of harassment to which Ms. Fowler was exposed. Be sure to develop your answer to include your rationale.
Quid pro quo harrasment, or hostile work environment.
3. Uber’s Actions
Identify actions Uber has taken to limit their liability relative to sexual harassment charges. Be sure to develop your answer to include your rationale.
Companies reduce their potential liability by doing five things:
1. Develop policies clearly stating that harassment will not be tolerated.
2. Communicate the policy routinely–make sure everyone is aware.
3. Develop a mechanism for reporting harassment that encourages people to speak out.
4. Ensure that just cause procedures are followed when investigating complaints.
5. Prepare, and carry out disciplinary action against those who commit sexual harassment.
4. EEOC and Affirmative Action
After reviewing Uber’s diversity report, does it appear Uber is in violation of any EEOC and affirmative action laws? Be sure to develop your answer to include your rationale.
The EEOC is a federal agency that investigates allegations of illegal discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.
The EEOC has three significant functions: investigating and resolving discrimination complaints through either conciliation or litigation, gathering and compiling statistical information on such complaints, and running education and outreach programs on what constitutes illegal discrimination.
Employee rights include:
• Bring a discrimination complaint
• Participate in an EEOC investigation, hearing, or other proceeding without threat of retaliation
• Rights related to arbitration and settlement of the complaint
• Right to sue employers directly for claims of illegal discrimination
Employer responsibilities include:
• Avoid retaliation for employees participating in their rights above
• Avoid creating a work environment that would lead to constructive discharge
5. Diversity Matters
Explain why diversity matters in general and more specifically to Uber. Be sure to develop your answer to include your rationale.
6. Benefits/Challenges of a Diverse Workforce
Identify and explain the benefits and challenges Uber derives from a more diverse workforce. Be sure to develop your answer to include your rationale.
7. Legal Provisions of Uber Case
Write a summary that identifies legal provisions or considerations covered within this case study as it relates to a human resource management (HRM) perspective.
Conclude with an analysis with your thoughts on how ethics and HRM professional standards are framed by legal provisions within a specific organization or industry (e.g., business, health care). PLEASE USE HEALTH CARE.
Your case study must be at least two pages in length, not counting the title or reference pages. Adhere to APA style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.
