Discussion: Preventing Discrimination in the Workplace

Consider your rights as an employee or job applicant. What do you know about the laws that prevent unfair treatment and discriminatory practices in the workplace?

Prior to 1964, employees and job applicants had few rights. Many employers used skin color, religion, or gender as a sole basis to hire or fire employees. Title VII of the 1964 Civil Rights Act aimed to protect employees from the prejudices of employers. In fact, after its passing it became the core foundation of workplace discrimination law because it protected five categories, or "classes," of citizens from unfair employment practices. As time progressed, legislators supplemented Title VII with more anti-discrimination acts and policies. Today, employees or applicants who feel discriminated against due to race, color, religion, gender, national origin, age, disability, pregnancy, veteran status, or genetics can seek grounds for legal representation.

As a leader in the nursing field, you must take all necessary precautions to ensure that you and your unit, department, and/or organization adhere to the laws outlined and associated with Title VII of the Civil Rights Act.

To prepare

• Review Chapter 3, "The Legal Environment and Diversity Management," in the course text, Human Resource Management: Functions, Applications, & Skill Development. Examine how Title VII protects classes of employees across all organizations and professions.

• Review this week's media, "Legal Issues," and the laws that address employment discrimination.

• Conduct research to learn more about applicable laws and regulations pertaining to the protected class assigned by your Instructor.

• Select one of the following options:

o Option 1: Conduct research via the Walden Library and other scholarly sites (such as the ones listed below) to locate an authentic discrimination case involving the protected class that you were assigned.

o Option 2: Recall an instance of discrimination you have personally experienced or witnessed related to your assigned protected class. Consider the events leading up to and the resolution of this instance.

Note: The case/instance that you choose for this Discussion may be from an organization in any field (not just health care) and must have occurred within the last 10 years.

• Once you have selected your option and case/instance, reflect upon the following questions:

o What legal issues (i.e., Title VII and other applicable laws) were relevant to this case or instance?

o What strategies would you propose to prevent a similar situation from occurring in your unit, department, or organization?

Websites

Cornell University Law School. (n.d.). Legal Information Institute.

Search for recent Supreme Court decisions on employment discrimination. Enter your assigned Title VII protected class into the search bar to access court cases by topic.

Equal Employment Advisory Council. (2012). Amicus activity.

Use the categorized hyperlinks to access court cases by issue, area, court, or year.

U.S. Department of Labor. (n.d.). Search results.

To find recent employment discrimination decisions, include in your search terms the type of discrimination or the employment law and the word(s) "decisions" or "case decisions" (e.g., "racial discrimination decisions," "gender discrimination decisions," "American Disability Act (ADA) case decisions," "Family and Medical Leave Act (FMLA) case decisions," etc.)

Below are the protective classes. You can select one yourself and once you have selected your option and case/instance, reflect upon the following questions:

• What legal issues (i.e., Title VII and other applicable laws) were relevant to this case or instance?
• What strategies would you propose to prevent a similar situation from occurring in your unit, department, or organization

The US. federal law protects individuals from discrimination or harassment based on sex, race, age, disability, color, creed, national origin or religion.

• Race - Civil Rights Act of 1964
• Religion - Civil Rights Act of 1964
• National origin - Civil Rights Act of 1964
• Age (40 and over) - Age Discrimination in Employment Act of 1967
• Sex - Equal Pay Act of 1963 and Civil Rights Act of 1964

o The Equal Employment Opportunity Commission interprets 'sex' to include discrimination based on sexual orientation and gender identity[2]

• Pregnancy - Pregnancy Discrimination Act

• Citizenship - Immigration Reform and Control Act

• Familial status - Civil Rights Act of 1968 Title VIII: Housing cannot discriminate for having children, with an exception for senior housing

• Disability status - Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990

• Veteran status - Vietnam Era Veterans' Readjustment Assistance Act of 1974 and Uniformed Services Employment and Reemployment Rights Act

• Genetic information - Genetic Information Nondiscrimination Act

• Once you have selected your option and case/instance, reflect upon the following questions:

• What legal issues (i.e., Title VII and other applicable laws) were relevant to this case or instance?

• What strategies would you propose to prevent a similar situation from occurring in your unit, department, or organization

Post a brief summary of the discrimination case/instance you selected and how the events impacted the individual(s) and/or the work environment. Describe the key legal issues involved and explain how Title VII legislation applied. Discuss at least one strategy you would employ in an effort to mitigate this type of discrimination from occurring in your unit, department, or organization. Include the APA reference and a hyperlink to your case example (if applicable).