Select Page

Hello everyone, I have an Assignment for you today. This assignment must be DONE by Tuesday, May 25, 2021, no later than 10 pm. By the way, I need this assignment to be PLAGIARISM FREE & a Spell Check when completed. Make sure you READ the instructions CAREFULLY. Now without further ado, the instructions to the assignments are below:
Instructions
You are the resource manager of Blue Bell Freight, a large trucking company. You have just hired a new driver, Shirley Williams. Shirley is of African American descent. The company did a physical on her as a new hire. The company nurse informed you that she has lupus. You are concerned that her health may affect her driving ability. Write a memo to the CEO describing your legal concerns and applicable statutes and laws concerning discrimination. What course of action do you advise the CEO to take, and why? Consider affirmative action policies in your response. 
Your memo should be at least one full page, follow APA guidelines, and cite at least one reference. 

By the way, I have an attachment below which is a study guide or overview of the unit which you can use to support your response. Remember NO PLAGIARISM & I need will need a PLAGIARISM REPORT upon completion.

BHR 3565, Employment Law 1

Course Learning Outcomes for Unit IV

Upon completion of this unit, students should be able to:

3. Explain the types of federally prohibited discrimination in the workplace environment.
3.1 Describe possible legal concerns related to a case concerning discrimination.

5. Discuss Affirmative Action policies.

5.1 Recommend a course of action based on a case concerning affirmative action policies.

8. Explain the causes of action under federal antidiscrimination laws.
8.1 Associate applicable statutes and laws to a case concerning discrimination.

Course/Unit

Learning Outcomes
Learning Activity

3 Unit Lesson Chapters 9 and 10

3.1
Unit Lesson
Chapters 9 and 10
Unit IV Scholarly Activity

5.1 Chapter 11 Unit IV Scholarly Activity

8 Unit Lesson Chapters 9 and 10

8.1
Unit Lesson
Chapters 9 and 10
Unit IV Scholarly Activity

Reading Assignment

Chapter 9: Discrimination Based on Age

Chapter 10: Discrimination Based on Disability

Chapter 11: Other EEO and Employment Legislation: Federal and State Laws

Unit Lesson

Federal laws are usually enacted to address a specific issue that exists rather than to address an issue that is
expected to develop. Title VII of the Civil Rights Act of 1964 was intended to address specific kinds of
discrimination in employment that was occurring when the act was approved by Congress. However, Title VII
does not address every kind of discrimination in employment and especially discrimination in employment that
had not been identified at the time. We have already seen that Title VII has been amended to expand the
prohibition against discrimination in employment for concerns that were later recognized as issues that
needed to be addressed. For instance, the Pregnancy Discrimination Act of 1978 was actually an amendment
to Title VII to extend the prohibition against discrimination based on gender to include pregnancy as a class
protected from discrimination in employment.

Age Discrimination

Age discrimination was another issue that needed to be addressed after the Civil Rights Act was passed. The
primary instance of discrimination based on age occurred when employers terminated older employees and

UNIT IV STUDY GUIDE
Discrimination Based on Age
and Disability

BHR 3565, Employment Law 2

UNIT x STUDY GUIDE
Title

replaced them with younger employees in an effort to improve labor efficiency and/or reduce labor costs. The
Age Discrimination in Employment Act (ADEA, 1996) covers employees over the age of 40 who work for an
employer who has 20 or more employees in an industry that affects commerce. This act was passed by
Congress because of widespread age discrimination. The act also applies to unions with 25 or more
members. The provisions of the law safeguard employees from age discrimination in the areas of
compensation, promotion, hiring, and terms of employment. If the employee is under the age of 40, the
employer can discriminate in hiring and firing and use age as a factor in hiring and firing. The law is applicable
to state, federal agencies, and private companies.

The U.S. Supreme Court used this question in determining a cause of action: Was the person over 40
replaced by an employee substantially younger? Companies, when downsizing, may ask the employees to
sign a waiver. This waiver maybe couched in language that is not understandable by the employee. This
agreement has the intent to waive the employees’ rights to bring claims under ADEA (1996). To counteract
this employer tactic, ADEA was amended in 1990 so that employees cannot waive any rights under this act
unless they agree “knowingly and voluntarily.” This amendment is referred to as the Older Workers Benefit
Protection Act (OWBPA). There are specific requirements that must be met for the waiver to meet the
statutory requirements of validity. An employment agency is also restricted from not referring a person over
forty for a potential job.

Defenses of the Employer

There are certain defenses an employer may have, including that the employee was released for good cause
or reasons that do not relate to age. Another defense is that the employer has a bona fide retirement,
seniority system, pension, or benefit system. The employer may have production-based pay in place that
determines compensation based on productivity. If the employer has a bona fide occupational disqualification
that is reasonable and necessary for the performance of the job, age limitations may be set. When the
employer has a work reduction and offers retirement packages and incentives, the plan must be available to
all who meet the requirements and must be voluntary. The employer has to show the primary reason was
some factor other than age.

Remedies under ADEA

The employee has to prove four things to be successful in an age discrimination case:

x that they are 40 years or older,
x that they are qualified for the position,
x that the employee suffered an adverse employment action, and
x that there is evidence that the employer considered their age in making the action (ADEA, 1996).

A successful employee can recover back pay and legal fees. The employee can prove his or her case through
direct evidence or circumstantial evidence. Direct evidence would be statements or written communication.
Generally, direct evidence is difficult to prove. The aggrieved party can also seek injunctive relief to prevent
the firing of employees. If the employer acted willfully, liquidated damages may be recovered. Liquidated
damages are awarded when there is willfulness on the part of the employer to discriminate based on age.
Liquidated damages are double damages and are awarded to deter this type of conduct. Occasionally, the
employee can get consequential damages for trauma. In actions against the state, there are no money
damages allowed. Occasionally an employee can get double damages if it can be proved that the
discrimination was an intentional act.

Discrimination Based on Disability

The Americans with Disabilities Act (ADA, 2000) applies to employers with 15 or more employees. The
act does not apply to most federal government employers, Native American tribes, and private clubs (Cihon &
Castagnera, 2017). The act prohibits discrimination against disabled employees that are otherwise
qualified for the job. The law applies to hiring, firing, promotion, compensation, training, and all other
employment activities.

BHR 3565, Employment Law 3

UNIT x STUDY GUIDE
Title

The act was amended and the amendment took effect in 2009. The amendment expanded the definition of
major life activities. It is considered illegal discrimination if an employer does not make reasonable
accommodations unless such accommodations would pose an undue hardship on the employer.

What is Considered a Disability?

A disability is a physical or mental impairment that substantially inhibits a person’s major life activity.
Temporary disabilities do not apply under the act. Below are examples of a disability under the ADA:

x epilepsy,
x mental impairment,
x diabetes,
x vision impairment,
x hearing impairment,
x paralysis,
x HIV, or
x a learning disability (ADA, 2000).

Constitutional Challenges to Discrimination

Employees in the public sector can challenge employment discrimination on constitutional grounds. The U.S.
Constitution guarantees due process and equal protection under the Fifth and Fourteenth Amendments.
These constitutional challenges may be exercised where Title VII does not apply such as with federal
employees (Cihon & Castagnera, 2017).

References

Age Discrimination in Employment Amendments of 1967. 29 U.S.C. §§ 621-634 (1996).

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2000).

Cihon, P. J., & Castagnera, J. O. (2017). Employment and labor law (9th ed.). Boston, MA: Cengage

Learning.

Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (codified as amended in scattered sections of 2, 28,

and 42 U.S.C.).

Pregnancy Discrimination Act, Pub. L. No. 95-555, 92 Stat. 2076 (1978).

Suggested Reading

In order to access the following resource, click the link below.

This article is based on a study from the University of Nebraska-Lincoln that shows the importance of the type

of legal causality required for age discrimination cases.

Wiener, R. L., & Farnum, K. S. (2016). How old is old in allegations of age discrimination? The limitations of

existing law. Law and Human Behavior, 40(5), 536-550. Retrieved from
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=pdh&AN=2016-25880-001&site=ehost-live&scope=site