Description
part A
Below is a list of twelve federal employment laws particularly relevant to this course and to public and nonprofit management broadly. For each of these laws, please do the following:
1) Give a general description of the law (include information such as its purpose, prohibitions, and key provisions); and
2) Provide a description of a court case involving the law and preferably a public or nonprofit organization—and the more recent, the better. Appropriately cite all cases and, if possible, include a web link for the article/source.
▪ Age Discrimination in Employment Act (ADEA)
▪ Americans with Disabilities Act (ADA)
▪ Civil Rights Act of 1964, Title VII
▪ Civil Rights Act of 1991
▪ Equal Pay Act
▪ Fair Labor Standards Act (FLSA)
▪ Family and Medical Leave Act (FMLA)
▪ Genetic Information Nondiscrimination Act of 2008 (GINA)
▪ Occupational Safety and Health Act
▪ Patient Protection and Affordable Care Act
▪ Pregnancy Discrimination Act
▪ Whistleblower Protection Act
PART B
Battling discriminatory practices in the workplace—for instance, in hiring, promoting, rewarding,
and administering adverse action—is a central responsibility of public and nonprofit managers (and all
members of organizations for that matter). Thus, it is important for public and nonprofit managers to
well understand the concepts, legal liability, and managerial implications associated with workplace
discrimination.
Within human resource management, discriminatory practices or acts are often discussed as either
intentional (disparate treatment) or unintentional discrimination (disparate impact). For both of
these types of discrimination, please do the following:
1) Provide a detailed explanation (include information such as evidence, tests, defenses, and
protected classes); and
2) Describe/create a detailed example scenario in which this can occur with selection/promotion
practices or adverse action (i.e., formal discipline) in a public or nonprofit organization of your
choice (e.g., a police department, a city utilities division, or a nonprofit social services agency).
Explanation & Answer
Attached. Please let me know if you have any questions or need revisions.
1
Employment Laws - Outline
Student’s Name
Institutional Affiliation
Course Code: Course Title
Instructor’s Name
Date
2
Employment Laws - Outline
PART A
1. Age Discrimination in Employment Act (ADEA)
2. Americans with Disabilities Act (ADA)
3. Civil Rights Act of 1964, Title VII
4. Civil Rights Act of 1991
5. Equal Pay Act
6. Fair Labor Standards Act (FLSA)
7. Family and Medical Leave Act (FMLA)
8. Genetic Information Nondiscrimination Act of 2008 (GINA)
9. Occupational Safety and Health Act (OSHA)
10. Patient Protection and Affordable Care Act (ACA)
11. Pregnancy Discrimination Act (PDA)
12. Whistleblower Protection Act (WPA)
PART B
✓ Intentional (disparate treatment)
✓ Explanation
✓ Case Scenario
✓ Unintentional Discrimination
✓ Explanation
✓ Case Scenario
References
1
Employment Laws
Student’s Name
Institutional Affiliation
Course Code: Course Title
Instructor’s Name
Date
2
Employment Laws
PART A
1. Age Discrimination in Employment Act (ADEA)
ADEA is a United States labor law act developed in 1967 to protect employees at the age
of 40 years and above against workplace discrimination ("Age Discrimination", 2021). Many
inequalities exist in employment where you find that some workers are denied equal rights and
opportunities because of their age. Therefore, the Age Discrimination in Employment act serves
as a prohibition that prevents employers from using employee age as a consideration during
hiring, compensation, allocation of duties, and other employment practices. The key provision of
the act is that it protects employees at the age of 40 years and above in both public and private
companies. The act is suitable as it prevents discrimination in the work place and grants all
employees equal rights and opportunities regardless of their age.
In one case involving age discrimination, a discriminated employee charged the Advance
Components Corporation for discriminatory ageist comments. The 64-year-old sales manager
was a victim of discrimination when both the general manager and executive vice president
addressed him using discriminative comments. The exact discriminative comments expressed the
with of the company officials to hire young employees and described the 64-year-old sales
manager as old fashioned. The case was resolved on 18 May 2012 at Dallas District Office.
Monetary relief and Injunctive damages were charged and the case was settled for 201,000
dollars ("Selected List of Pending and Resolved Cases Under the Age Discrimination in
Employment Act (ADEA) | U.S. Equal Employment Opportunity Commission", 2021).
2. Americans with Disabilities Act (ADA)
ADA is a United States federal legislation passed on 1990. The law stands against
discrimination on employees with disabilities. Every individual has a right to equal access of
transportation, employment opportunities, government opportunities, and quality work
environment regardless of their disabilities ("A Guide to Disability Rights Laws", 2020).
According to the act, every employment sector in the United States must create favorable work
areas for individuals with disabilities so that they can accomplish their tasks. The key provision
3
of the act is that it applies to companies with fifteen employers and above and are governed by
state, local, and private employers.
One case involving Americans with Disabilities Act is when 31 men charged Hill
Country Farms due to disability discrimination. The company supervisors and owners were
found guilty for discriminating the 31 disabled employees for over 20 years. The discrimination
was verbal and physical. Verbally, the employees were abused and addressed as retarded and
stupid. The employees were subjected to low wages and forced to work in unfavorable
conditions without medical care and with movement restriction (“Selected List of Pending and
Resolved Cases Under the Americans with Disabilities Act (ADA) | U.S. Equal Employment
Opportunity Commission”, 2021). The case was resolved on 18 September 2012 at Dallas
District Office and the plaintiff received lawful wages amounting to 1.3 million dollars.
3. Civil Rights Act of 1964, Title VII
Civil Rights Act, Title VII is a United States law passed on 1964. The act ensures that no
individual is discriminated against in terms of sex, race, color, origin, and religion. Some
individuals engage in interracial marriages and therefore, the law also ensures that no individual
is discriminated against because his or her involvement with an individual from another religion,
race, or origin. One key provision of the law is that it applies to organizations with fifteen
employees and above. According to the law, no employee has the right to make recruitment,
promotion, and work allocation decisions based on race, sex, color, origin, and religion.
The law also prohibits employee discrimination based on sexual orientation. One case
involving Civil Rights Act of 19...