Assignment title: Information


Civil Rights Law and Employment: USA   Table of Contents Case 3 Answer 1 3 Answer 2 4 Answer 3 5 Appendix 1 5 Appendix 2 5 Appendix 3 6 Appendix 4 6 SLP 7 Accommodation Expectations Concerning Religion and Disability 7 Enforcement of Expectations 7 Private Sector Workplace Examples of Religious Accommodations 8 Religious Accommodation 8 Disability Accommodation 8 References 10   Case Answer 1 Plump and Stuffy at present has employed 202 workers in the principal processing plant. Out of these 202 employees, 74% is in the age group of 22 to 30. Additionally, Plump and Stuffy also has a requirement that the people working these as cleaning crew should carry a high school degree or GED as a mandatory condition of employment. Worth noting is that the entire cleaning crew of Plump and Stuffy is Caucasian. The labor market in Mississippi, Jackson area suggests that the area is well covered with population that is well diversified and spread. The civil rights movement in Jackson has remained active for over several decades and has seen several demonstrations to uphold equality of rights for the population that resides there. 2010 census of Jackson suggests that there were 173,514 people residing in the region and the racial makeup was 79.4% consisting of African American people, 18.4% Euro-American people, 0.1% Native American, 0.4% Asian and 0.9% from two or other more races. The age of the population was spread out with 28.5% under the age of 18 and nearly 41.6% consisted of people between 18 to 30 years. The Civil Rights Act of 1964 provides a prohibition on any kind of harassment and discrimination that takes place in any private employment or state or local government or an educational institution with 15 or more employees. The law provides that no discrimination should be made between workers on the basis of race, color, national origin, religion and sex and this also extends to barring any kind of discrimination made on the basis of pregnancy, sex stereotyping or sexual harassment of the employees. It should be noted that Plump and Stuffy has not done any kind of discrimination on the basis of age of the employees because the majority of the population in Jackson belongs to the age group that has been employed by Plump and Stuffy. Every organization can frame its norms to decide on the educational qualifications of their hiring policies. Hence it cannot be said that the criterion set by Plump and Stuffy with respect to either high school diploma or GED as a prerequisite is against the Civil Rights Act ("Jackson Lafferty – Celebrating the Signing of Labour Market Agreements and the 50th Anniversary of Apprenticeship in the NWT | Government of Northwest Territories", 2016). However, worth noting is that the Civil Rights Act has made it very specific that discrimination on the basis of race or origin is against the law and this is being practiced by Plump and Stuffy to certain extent. It has a workforce that entirely belongs to the Caucasian community. This can be termed as a discriminatory factor because Jackson in reality consists of several racial communities and people from diverse ethnic backgrounds reside there. In such circumstances, having workforce from only a specific community is likely to be discriminatory and needs to be looked at so ensure compliance with the Civil Rights Act 1964 in actual ("Questions and Answers about Religious Discrimination in the Workplace", 2016). Answer 2 From the analysis of the previous answer as given above, it can be said that plump and Stuffy does need to incorporate some changes in its policy so that it can in effect show compliance with the Civil Rights Act of 1964. The provisions and legal prerequisites of the Age Discrimination Act shall now be analyzed in this answer. The Age Discrimination Act was brought into effect by the Legislature to promote employment opportunities among the older workers who have the ability to work but are barred from working because of their age ("Religious Accommodation for Workers | HR Topics for human resources", 2016). The Act was also designed to provide a wider scope of opportunities to help an employment work in parallel with the aging workforce. The Age Discrimination in Employment Act imposes a prohibition on an employer that he cannot refuse to hire or cannot fire or cannot discriminate against an employee for fringe benefits only because he has completed 40 years of age or has a lower aged workforce working in that domain in specific within that organization (Sargeant, 2006). For instance, an employer is prohibited from not relegating all older workers to a particular level of employment within a company and then subsequently declines to either promote them or give them better opportunities within the organization. In Plump and Stuffy, it has been stated that there are 202 employees at present working with them. It has also been stated that of these 202 employees, 74% is in the age group of 22 and 30. This largely shows that Plump and Stuffy has been following a policy wherein it has decided to only employ people from the young crew to be a part of their cleaning crew. It cannot be said that all the people in the majority working group are competent to work and at the same time, it also cannot be said that the older workforce is likely to be incompetent to qualify for the job title of cleaning crew in Plump and Stuffy. Moreover, the population demographics in Jackson also indicates that though majority of the age group belongs to the said domain, yet the majority is not as high that it should accommodate 74% of the workforce in any organization. Thus, considering all this, it can be said that the age discrimination factor is in effect being practiced in Plump and Stuffy and this area needs to be improvised to avoid any charges either under the Civil Rights Act of 1964 or the Age Discrimination Act ("Age Discrimination in Employment Act (ADEA) | HR Topics for human resources", 2016). It is advisable that Plump and Stuffy should start hiring people from the older age groups as a part of their cleaning crew or they can also make policies wherein the present employees shall not be terminated unless they become incompetent to work because of physical reasons and thus the balance can be attained by them. Answer 3 The researcher for the purpose of this assignment took up several studies and also went through several resources given in the module and also conducted independent research so that a quality work could be provided ("Selected List of Pending and Resolved Cases Under the Age Discrimination in Employment Act (ADEA)", 2016). In the given appendix below, these independent sources shall be discussed: Appendix 1: http://legaldictionary.net/discrimination-in-the-workplace/ This helped in understanding the definition of the terms that were used in this assignment. The practical scenarios and explanations of the case studies given here helped the researcher in relating the given situation to the application part and thus the conclusion in each discussion could be derived with ease. Appendix 2: Hawaii Healthcare Professionals Inc resolved on 7/19/12 This is a relatively new and resolved case study that involves redundancy of certain employees based on their age factor. The court looked into the merits of the case and laid down the principle that the essence of the ADEA is not only to stop discrimination on the basis of age but also make sure that working competency remains an important criterion to understand whether an employment should continue or not. Appendix 3: Tempe Elementary School District No. 3 resolved on 5/23/12 This case was concerned with the retirement of few employees who were victims of age-discriminatory early retirement incentive plan. This resulted in monetary losses to several people and the workplace was brought under alleged civil suit. The case study laid down important principles of law that have been taken into consideration in the assignment. Appendix 4: Trinity Protection Services filed on 9/27/11 This case has not yet been resolved, but the arguments put by the counsel have been taken into consideration. The case involved non-hiring of the Afro-Caribbean population in security services in the security consultancy. This has been taken to be a violation of the Civil Rights Law.   References Age Discrimination in Employment Act (ADEA) | HR Topics for human resources. (2016).Topics.hrhero.com. Retrieved 14 October 2016, from http://topics.hrhero.com/age-discrimination-in-employment-act-adea/# Jackson Lafferty – Celebrating the Signing of Labour Market Agreements and the 50th Anniversary of Apprenticeship in the NWT | Government of Northwest Territories. (2016). Gov.nt.ca. Retrieved 14 October 2016, from http://www.gov.nt.ca/newsroom/jackson-lafferty-celebrating-signing-labour-market-agreements-and-50th-anniversary Questions and Answers about Religious Discrimination in the Workplace. (2016). Eeoc.gov. Retrieved 14 October 2016, from https://www.eeoc.gov/policy/docs/qanda_religion.html Religious Accommodation for Workers | HR Topics for human resources. (2016).Topics.hrhero.com. Retrieved 14 October 2016, from http://topics.hrhero.com/religious-accommodation/ Sargeant, M. (2006). Age discrimination in employment. Aldershot, Hampshire, England: Ashgate. Selected List of Pending and Resolved Cases Under the Age Discrimination in Employment Act (ADEA). (2016). Eeoc.gov. Retrieved 14 October 2016, from https://www.eeoc.gov/eeoc/litigation/selected/adea.cfm Title VII of the Civil Rights Act of 1964 | HR Topics for human resources. (2016).Topics.hrhero.com. Retrieved 14 October 2016, from http://topics.hrhero.com/title-vii-of-the-civil-rights-act-of-1964/#