Deck 3: Legal Environment of Human Resource Management: Equal Employment Opportunity

Question 1

Should the President of Caritas Christi Health Care be fired Why or why not

Answer 1

As per the sated case, the president of CC Health Care should be fired due to the following reasons.
• He sexually assaulted and harassed 10 women that is an intolerable act and hence not acceptable by the company.
• The person was found to give sexually charged looks and gestures and touched the individual inappropriately.

Question 2

Objective
The purpose of this exercise is to understand the requirements for bona fide occupational qualifications (BFOQs).
Background
Title VII of the Civil Rights Act of 1964 has stated that it is unlawful for an employer to discriminate against a person in any condition of employment because of race, religion, color, national origin, or sex. As with most rules, however, there are exceptions. Regarding Title VII, one exception to the rule is termed a bona fide occupational qualification (BFOQ). With the BFOQ provision, Congress has stated that it is not unlawful to utilize certain personal characteristics in employment (such as sex) in situations where that particular characteristic is necessary to meet the normal operation of the business. The BFOQ is not intended, however, to serve as a loophole for resistant organizations that want to flout the Equal Employment Opportunity Commission (EEOC) requirements. The EEOC believes that the BFOQ provision should be "interpreted narrowly" and places the burden of proof for justifying the BFOQ squarely upon the organization.
Want Ads
A number of hypothetical situations in which an organization has advertised for an employee of a particular race, color, religion, sex, or national origin are presented. In your opinion, do these particular situations warrant a BFOQ Read each description carefully and indicate whether you think a BFOQ is warranted.
Broadway Actress Finally a chance to make it big on stage. A company needs four young, liberal-minded females to star in sophisticated adult play off Broadway. The appearance of the person to fit the part is important.
Apply in person at
Off Broadway
Stage Forum
New York, NY

Warehouseman Small lumber company needs six men to replace striking warehousemen. Job involves lifting and carrying heavy lumber products. Excellent pay and benefits.
Apply in person at
Knothole Lumber Company
Bark and Splinter Streets
Macon, GA

Prison Guard Need self-confident, muscular, and experienced male facility guard. Must be able to work effectively with others in a potentially violent, dangerous environment.
Send résumé to
District Attorney for Penal System
Illinois Board of Corrections
Springfield, IL

Mechanic Large auto dealer needs several men for light mechanic work. Experienced only need apply. Must have own tools.
Apply in person at
Friendly Frank's Foreign Imports
Michigan Avenue
Evanston, IL
Digital Equipment Assembler Need females to assemble intricate computer equipment. Must have excellent hand-eye coordination and dexterity. No experience necessary-we train.
Apply in person at
Rayco Digital Equipment Co.
Third Street
New Albany, IN
(The owner attended a recent convention of computer manufacturers and heard an industrial psychologist say that a number of sophisticated research studies have shown that women are much more dextrous than men and therefore make better assemblers of intricate parts and equipment.)

Sales Representative Large title manufacturer needs aggressive salesperson to cover Texas region. Prefer male with extensive title-selling experience.

Flight Attendant Regional airline needs young, attractive female to fly West Coast routes.
Must pass height and weight requirements.
Apply at
Flightly Airlines
Mesa Boulevard
San Diego, CA
(The human resource director had conducted a study showing that the airline's passengers-mostly male-show a strong preference for attractive female flight attendants. Additionally, the firm's consulting psychologist stated that the airline cabin represents a unique environment in which the psychological needs of passengers are better attended to by females than males.)
(The owner of the regional airline informally surveyed the other mechanics about the new employees. They emphatically stated, "We don't want to work around women!" In addition, the owner noted that state law requires separate restrooms for each sex, and that there was only one restroom in the shop. Building another restroom would require a large expenditure, and the space wasn't available.)

Women's High School Basketball Coach Coed high school looking for proven female basketball coach. Head coaching experience needed; ability to work with young women 14-18 years old is important. Need at least an undergraduate college degree.

Answer 2

Not Answer

Question 3

For approximately 80 percent of employers, complying with ADA requirements to make "reasonable accommodation" costs $500 or less. What types of changes would fall into this category

Answer 3

The American with Disability Act (ADA)  is a civil right law that prohibits discrimination of people based on disabilities in employment, accommodation, transportation, communication and other government related activities. People who qualifies under ADA are people with mental and physical medical conditions and does not need to be permanent disability.
ADA requires employers to provide reasonable accommodations to disabled employees and all requirements on public accommodation must be accessible to them. Examples of accommodation includes 
• making the facilities accessible to disabled employees, 
• restructuring their job so that they can access weekly medical treatments, making changes to exams or training programs like extending exam time, taking oral exam rather than written, 
• Providing extra unpaid leave so that they can access medical treatment, etc.

Question 4

Why is the handling of sexual harassment cases considered complicated

Question 5

Do you believe that Muslims working in the United States need legal protection against retaliation Why or why not

Question 6

Explain in your own words why consistency in handling sexual harassment claims is important.

Question 7

When employees are discriminated against because of their age, gender, or a disability, what negative effects does this discrimination have on the organization and other employees

Question 8

What are the major differences between disparate treatment and disparate impact Explain.

Question 9

What can managers do to minimize their chance of litigation and being found negligent with regard to sexual harassment

Question 10

Why is the decision in Griggs v. Duke Power Company considered a landmark

Question 11

In a workplace with a diverse workforce, how could an English-only rule create lower morale, poorer communication, and lower productivity

Question 12

What is meant by the term bona fide occupational qualification (BFOQ)

Question 13

Should the broader interpretation of what constitutes a disability under the ADA Amendments Act of 2008 be considered significant for the HRM area of an organization

Question 14

Affirmative action has become a political, economic, and emotional issue. What are some of the reasonable arguments in favor of and opposed to affirmative action.