Employment Law and Labor Relations – Stereotypes and Discrimination

Unit 4 Discussion – Stereotypes and Discrimination
This assessment addresses the following course objective(s):

Describe the application of labor laws due to court decisions.
Describe negotiating techniques and how to overcome an impasse.

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Answer the following question:
Consider the following examples of stereotypes taken from actual testimony in court cases:

-Latino employees communicate in Spanish all the time on the job.
-One had to be wary around promoting employees with serious health problems.
-Would not consider “some woman” for the position, questioned plaintiff about future pregnancy plans, and asked whether her husband would object to her “running around the country with men”.
-If it were his company, he would not hire any gays or lesbians.

Do you think discrimination is a result of the stereotypes that some people believe? Discuss the effect of common stereotypes on issues of discrimination. Do you see examples of discrimination in your environment? Your community? Your work or your school?

Please be sure to validate your opinions and ideas with citations and references in APA format.

Assignment references:
The Business Professor. (2016, February 3). National origin discrimination under Title VII

. YouTube. https://www.youtube.com/watch?v=YwxpjLDufKQ

Gonzalo v. All Island Transportation, CV-04-3452 (BMC) (LB) (E.D.N.Y. Feb. 20, 2007). Casetext. https://casetext.com/case/gonzalo-v-all-island-transportation-2

U.S. Department of Labor. (n.d.). What do I need to know about English only rules. https://www.dol.gov/sites/dolgov/files/OASAM/legacy/files/20120321-FINALEnglish-Only-Rules-Factsheet.pdf

The Business Professor. (2014, July 1). Discrimination based on sexual orientation

. YouTube. https://www.youtube.com/watch?v=IkyoPRVSjiU

Feder, J. (2013). Don’t ask, don’t tell: A legal analysis. https://perma.cc/52P2-93XY

U.S. Equal Employment Opportunity Commission. (2020). Sex-based discrimination. https://www.eeoc.gov/sex-based-discrimination

Title VII of the Civil Rights Act of 1964 refers to sex as a protected class. However, courts have ruled that protection against discrimination based on sexual orientation cannot be covered under this Act. There are some states that protect this class of persons; however, there are also some states that allow for the discrimination of persons based on sexual orientation.

Employers with bilingual and multilingual employees will sometimes adopt an English only rule. This prohibits employees from speaking a language other than English in the workplace. EEOC has certain guidelines under which an employer can adopt an English only rule. Where an employer elects to implement an English only rule, it should not be broader than absolutely necessary to accomplish a legitimate business purpose.

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