Can the U.S. Supreme Court declare all laws prohibiting discrimination in the workplace to be unconstitutional?

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Fryvzna74

Business Finance

LEG 500

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The year is 2025 and the U.S. Supreme Court has declared all laws prohibiting discrimination in the workplace to be unconstitutional. In its opinion, however, the Supreme Court made clear that employers could voluntarily adopt policies and procedures prohibiting any and all forms of discrimination in the workplace. The Supreme Court also made clear that employers could voluntarily adopt hiring practices to diversify their workforces provided such practices did not include express preferences based upon immutable characteristics.


You have been hired as a consultant by a large, nationwide retailer to examine the business case for ensuring that all of the employee protections are found within the federal anti-discrimination laws, as well as the business case for prohibiting any other forms of discrimination in the workplace.

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Week 10 Assignment 3 - Submit Here Assignment 3: The Value of Fair Treatment in the Workplace Due Week 10 and worth 280 points The year is 2025 and the U.S. Supreme Court has declared all laws prohibiting discrimination in the workplace to be unconstitutional. In its opinion, however, the Supreme Court made clear that employers could voluntarily adopt policies and procedures prohibiting any and all forms of discrimination in the workplace. The Supreme Court also made clear that employers could voluntarily adopt hiring practices to diversify their workforces provided such practices did not include express preferences based upon immutable characteristics. You have been hired as a consultant by a large, nationwide retailer to examine the business case for ensuring that all of the employee protections are found within the federal anti-discrimination laws, as well as the business case for prohibiting any other forms of discrimination in the workplace. Write a four to six (4-6) page report in which you: Analyze the benefits and costs of voluntarily prohibiting three to five (3-5) federal forms of discrimination prohibited under the federal anti-discrimination laws. Discuss the benefits and costs of voluntarily prohibiting a form of discrimination not covered by any of the federal anti-discrimination laws. State the benefits and costs of voluntarily adopting hiring and promotion practices designed to diversify the workforce. Evaluate the ethical considerations of not voluntarily prohibiting the forms of discrimination laws examined in the first part of your report. Next, determine the ethical considerations of not voluntarily adopting hiring and promotion practices to diversify the workforce. Provide a final recommendation to this retailer on whether or not they should ensure all, part, or none of the employee protections examined in the first part of your report. Your recommendation should also include whether or not the retailer should adopt hiring and promotion practices designed to diversify the workplace. Be sure to include a rationale for your recommendation along with an explanation for any rejections of contrary positions or other pertinent considerations. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not quality as academic resources. Your assignment must follow these formatting requirements: Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: Analyze and apply the concepts of ethical decision making, corporate governance and corporate social responsibility. Analyze and evaluate the employment-at-will doctrine and the statutory protections afforded employees. Analyze and evaluate issues in modern contract law. Use technology and information resources to research issues in law, ethics, and corporate governance. Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics. Click here to view the grading rubric.
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Running head: THE VALUE OF FAIR TREATMENT IN THE WORKPLACE

Assignment 3: The Value of Fair Treatment in the Workplace
Name of the Student
Instructor
Institutional Affiliation
Date of Submission

THE VALUE OF FAIR TREATMENT IN THE WORKPLACE

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Introduction
Discrimination is referred to as the act of treating someone unequally basing the treating
on the grounds of race, gender or age (Sperino & Thomas, 2017). Since time in history, people
have always been discriminated. Either in school, during the normal day-to-day interactions, in
places of work and in many other places as well. Discrimination in the workplace or else referred
to as employment discrimination may come in many ways from hiring, promotions,
compensating employees to the termination of their services. Employment discrimination laws
aim at preventing any form of discrimination in the workplace (Mayhew, 2018). In the United
States, however, the Supreme Court has declared that all the laws and legislation that protect
employees from discrimination are not constitutional and as such employers could adopt
employment procedures that could assist them in diversifying their workforce.
Benefits and costs of voluntarily prohibiting three federal forms of discrimination
prohibited under the federal anti-discrimination laws
The three forms of discrimination prohibited under the federal laws are; discrimination against
Americans with disabilities which is found under Americans with Disabilities Act (ADA), equal
pay discrimination found in The Equal Pay Act of 1963 and age discrimination found in
Employment Act of 1967 (U.S. Equal Employment Opportunity Commission, 2018).
i.

Discrimination against Americans with disabilities
This form of discrimination affects any American who could be currently having any form

of disability or could have ever been affected by such in the past. Discrimination against people
with disabilities is mostly felt in the private sectors since when it comes to the public sectors,

THE VALUE OF FAIR TREATMENT IN THE WORKPLACE

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state employees are usually protected by the law even though they cannot sue the federal or state
government in the case of any monetary damages that they may experience.
The main benefit that comes with voluntarily prohibiting this form of discrimination is that
employers or organizations that succeed in the fight against discriminating people with
disabilities create a good corporate image for themselves since they have ensured that every
group in the society with the disabled people have been represented in their workplaces.
Moreover, research evidence has proved that most of these people though disabled in one way
are often blessed with exceptional skills (Owen, 2012). As such, employers take benefit of these
unique skills to the advantage of their or...


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