Affinity Orientation Discrimination Cases Study

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

Procedural justice is determined on the basis of the quality of what is being communicated an employee. In other words, procedural justice is based on the extent to which an employee feels whether his employer communicated crucial decisions in a sensitive and ethical manner (Harvey & Haines III, 2005). In other words, how a decision is made and communicated is what counts most (Harvey & Haines III, 2005). Unfortunately, Reed’s behavior implied that he regarded Fred as someone worthy of respect. This was further attested when Reed felt that it was not important to let Fred know the dates when he saw Fred’s company car parked in his driveway during work hours. Moreover, the new performance evaluation system implemented by Reed showed that Fred was doing “very good”. However, Reed decided to focus more on the least desirable component of Fred’s evaluation and give Fred and overall “good”. The results of the evaluation were humiliating for Fred as it was his lowest ever rating and was certainly lower than all other new hires who were at least 20 years younger to him. The assigned case study does not tell us how exactly Reed communicated his evaluations of Fred’s performance to Fred, but it does tell us that he evaluated Fred the very same way the second time. This time he sent Fred a memo letting him know that he was capable of doing better. The procedures involved in decision-making and the method of communication used affect employee behavior at

See KENNETH DAU-SCHMIDT ET AL., LABOR LAW IN THE CONTEMPORARY WORKPLACE (2nd ed., Labor Law Group 2014).

Patrick has addressed an issue that all supervisors dread. To add to the direct visible issue of the job not being performed correctly, there is the aspect of dependence on other employees or offices for the directly effected employee must depend. I think that there are some critical information missing from the evaluation process which may have led to the dismissal of this employee.

This memo will examine employment laws as well as how these laws are applied. I will also examine the penalties of noncompliance of the different laws. There are diverse employment laws an organization must follow to stay in compliance. If these laws are not followed by the organization,

PA402: Employment Law Unit 3: The Employment Relationship - Shewin Memorandum Your Course Project: Read About the Shewin Memorandum

To further evaluate the selection procedure I would need for Tim to provide information to help show that no discrimination has taken place and that it truly is standard for all applicants. Tim would need to submit copies of policies he has in place and provide files of employees for review of the test scores and ratings when it came to the selection process. Interviews would need to be conducted with randomly selected employees to provide first-hand witness account to what goes on in the office and confidentiality needs to be maintained so that no retaliation

According to an article published by Workplace Fairness, a non-profit organization that provides information and education on employee rights, sexual orientation discrimination means treating someone differently solely because of his or her sexual orientation whether it be homosexual, bisexual, or heterosexual. This discrimination may occur because of a perception of someone whether the perception is right or wrong. Someone who is discriminated against on the basis of sexual orientation may also be discriminated against or harassed on the basis of sex, gender identity, disability, such as actual or perceived HIV status, and/or marital status.

In the case of James Smith, the court has to decide if there was discrimination based on sexual orientation. (Workplace Fairness, 2016) On July 21, 2014 President Obama signed an Executive Order that amended previous executive orders and added sexual orientation and gender identity protections for all federal workers, including contractors and subcontractors of the Federal government. According to the law, Smith’s was discriminated on the basis of his sexual orientation. In relation to the second case with John Ortega, the court must decide if his Title VII rights were violated. Under The Equal Employment Opportunity Commission, Ortega falls under a secondary theory, “associational discrimination on the basis of sex.” This theory supports

Bennett-Alexander, D. & Hartman, L. (2015), Employment law for business (8th ed.), New York: McGraw-Hill Education

As a supervisor responsible for hiring subordinates, supervising them, and recommending them for promotion should avoid discriminatory management practices such as recruitment through word of mouth, help wanted ads or selection standards through educational requirements, appearance, health questions, height weight etc. (Dessler, 2013).

The literature to be utilized for this preliminary assessment will include a review of the history behind this employment law policy. Proceeding will be an evaluation of the political context of the proposed regulation, in an effort to gain an understanding of where the proposal stands with public proponents and oppositionist. This assessment of the political context also lends itself to be followed by an analysis of where the policy currently stands within the legislative

The issue in this article can be explained by Social Identity Theory because there is an apparent notion of in-group favoritism versus out-group sexual discrimination. The goal of Social Identity Theory is to explain group relationships and conflict (Cable & Welbourne, 1994). People classify their social identities with characteristics such as gender, race, or ethnicity, and in this particular case there is a gender identity discrimination issue. Social Identity Theory helps explain people’s tendencies to see oneself as part of the group, often resulting in people viewing others as “us” and “them” (Foster, 2013). The degree to which individuals define themselves as part of the in-group depends on the fundamental principles of the organization’s

Documentation of disciplinary actions. In line with understanding discrimination, management should be trained on how to document disciplinary actions with employees. They should understand that the best defense against a discrimination charge is proof that an employee was disciplined or terminated for cause and not for a discriminatory reason. A well-preserved record of an employee's actions can provide the company with ammo if the employee later brings a discrimination

Workplace Discrimination Prevention Manual: Tips for Executives, Managers, and Students to Increase Productivity and Reduce Litigation by David A. Robinson is a general overview of federal guidelines and general practices individuals in charge of hiring, firing, and evaluating should be aware of in the workplace. It outlines in simple language how to interpret the federal discrimination laws. While the laws are not always spelled out exactly as they are written in the law, real world examples are given to help the author illustrate the intent of each law covered.