Develop an analysis with management tips for each of the assignment cases. At least two sources should be cited for each answer. One file containing all cases should be submitted via Turn-it-in. Mary Jo is a very religious woman. She takes every opportunity to propagate her religion at work, in social gatherings, and even at the mall. In fact, one of the central tenets of her religion is that salvation is dependent upon her converting as many people as she can. Her coworkers, however, have begun to be annoyed at her incessant preaching, and her employer has begun to notice that the only way work gets done is for coworkers to engage in elaborate schemes to avoid being in her presence. Her employer admonishes her to stop proselytizing at work. She offered, instead, to simply limit her proselytizing to certain hours of the day. Her employer declined, and told her that she was being paid to work, not to preach. When Mary Jo refuses to accede to her employer’s wishes, she is fired. She files a claim with the EEOC, alleging that her employer failed to accommodate her religious beliefs. While there is no minimum page length, it’s generally difficult to fully analyze a case in less than 1.5 pages. Management tips usually cover at least another half page resulting in each case covering two pages or more. I don’t grade on volume, but I do grade on thoroughness. Examining a case from the plaintiff’s perspective and then from the defendant’s perspective can demonstrate your understanding of the issues and how the law applies based on assumptions from each side. Using outside cases is a great way to bolster your analysis. By researching similar cases and incorporating them into your analysis, you provide substantial support for your arguments. When including outside cases, you need to provide a brief overview of the case as well as the ruling and tie it back to the case you are analyzing. If you have a harassment case, you should locate a couple of similar cases and report information from them. You would then state that based on those cases, you can conclude that this case would most likely result in a similar ruling and tell what that might be. For management tips, I’m look for you to provide a narrative of how you would deal with the issue presented and prevent similar issues in the future. You can use outside sources for advice on dealing with similar issues. Graduate work is almost always like writing a research paper. Citing published sources gives credibility to your recommendations. Postings to discussion board questions and lesson cases should use the following format: Analysis – present the legal arguments related to the question. This should be very thorough. Make sure to include the analysis elements listed below as well as citations for the legal concepts used. Management tips – provide management with advice on how to correct the current situation and/or how to prevent such a situation in the future. Well developed recommendations with specificity should be provided. References – at least two per answer other than your book. You may use your book, but it does not count as one of your two references. Wikipedia and my class notes are not acceptable references. Please refer to the APA Manual for assistance. A link to APA information may be found under Learning Resources. Please clearly label each section. The online databases made available through the University Library are a great resource. Lexis/Nexis and Westlaw are great resources for court cases while Academic Search Premier is very good for full-length articles. To provide a better understanding of my grading policies, a grading rubric has been posted under the Syllabus link. Analysis Elements Is the organization private or public? If private employment, at will applies…unless there is an implied contact such as a policy, a company handbook, written agreement or verbal agreement (must provide witnesses/proof that it existed); if public then due process applies and the person has the right to appeal the decision What law or laws might apply (e.g., Civil Rights Act of 1866, ADA, FMLA, Torts, etc., — in some cases more than one law will apply) Is there a minimum number of employees required by the law(s)? For Civil Rights Act it is least 15 employees for private employers Does a statute of limitations apply for this law or laws? For the Civil Rights act it is 180 days What type of discrimination is taking place? Intentional/Disparate treatment, mixed motive, or adverse impact-What is the evidence to support it? If evidence for more than one, which would be best to file under? Explain in detail using the burdens of proof analysis. What questions or information do you need to know to decide the case one way or another? Legal Concepts to Consider DISPARATE TREATMENT Prima facie case Legitimate reason/Bona Fide Occupational Qualification (BFOQ) for action/same actor defense/slap in the face qualifications defense; Pretext/bias comments/unequal treatment(Similarly situated; by same decision maker-if not may not count); lying; pretext plus; significantly better qualifications; timing of adverse action DISPARATE IMPACT Adverse impact calculated by job; isolate practice Firm shows business necessity, job relatedness or manifest relationship A less discriminatory alternative does exist Mixed Motive Discriminatory motives played role in the decision however minor Employer must show would have made the same decision anyway absence the discriminatory element Charging party must them refute the evidence and show pretext; this may be shown by circumstantial evidence
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