PLST 400 LU Advertainment Network Programs & Hiring Process Response Discussion – Assignment Help

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Student 1 AP

Title VII of the Civil Rights Act of 1964 focuses on employment in that protects employees from being discriminated against based on specific categories. Dawn D. Bennet-Alexander & Laura P. Hartman, Employment Law for Business 25 (9th ed. 2019). Title VII specifically states, “it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual or others to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual’s race, color, religion, sex or national origin.” Id. at 106. Racial discrimination was the most important reason why the legislation was particularly important at the time of it passage Id. at 110. However, Title VII also protects other areas of discrimination such as education. Id. at 111 Under Title VII, the classification of an employer “applies to all firms or their agents engaged in an industry affecting commerce that employ 15 or more employees for each working day in each of 20 or more weeks in the current or preceding calendar year.” Id. at 26. Title VII includes legislation regarding the Americans with Disabilities Act, the Age Discrimination in Employment Act. Id. at 70. Under Title VII, employees can bring a lawsuit under Title VII using disparate treatment or disparate impact. Id. Disparate treatment under Title VII is “intentional discrimination” Id. in that the employer was treated differently due their protected category, such as race, gender, etc. Id. Disparate Impact, however, is if an employee is treated differently due to policy that discriminates against them. Id. at 75.Title VII also includes protection for employees who have experienced retaliation from their employers due to pursuing their lawful rights. Id. at 82. For example, if an employee notifies corporate that the onsite manager has been harassing them, and then the manager reduces the employee’s hours and places them into strenuous work that they otherwise would not be accustomed to, the employee can file a claim under Title VII for retaliation. Id. The employment at-will doctrine is also covered under Title VII. Id. at 112. As such, Title VII change the workplace from a place of discrimination to a leveled playing field. Id. at 113.

Section 1981 of Title VII protects that all people covered by the US jurisdiction will have the same rights in every state and territory regarding contracts – the same rights that white citizens have. Id. at 133. Section 1983 states that any party that cause another person to be deprived of their Constitution rights will be liable. Id.

Claims under Section 1981 prohibits private discrimination and did not protect United States citizens who were on job assignment for an American employer outside of the physical U.S. territory. Id.

Claims under Section 1983 protect the constitutional rights of citizens who are subjected to deprivation of those rights by a person acting on behalf of the state which include police officers, fire department and other government employees. Id. This section does not include private employers.

When hiring and firing, employers risk the possibility of being accused of discrimination and other offenses under Title VII. Id. Because of this, employers can be afraid to take disciplinary action against an employee. Id. at 134. However equal opportunity employment also includes disciplinary action and termination if necessary. Id. To protect themselves, employers should manage their employees equally. Id. Employers can protect themselves by also implementing policies if such discrimination should happen in their business. Id. at 124. Employers should also use Alternative Dispute Resolution to handle conflicts for less expensive means and faster than litigation. Id.

Student #2 BR

What risks are the employers exposed in the hiring process?

Employers go through many networks and advertisement to hire employee. If a company is only reaching out to a demographic of certain class, color, or age than that can lead to legal issues because it is discriminating.  NPR news describes a “forty-five-year-old woman who felt like she was discriminated by age when she saw job advertising on her “daughter’s Facebook account but not on hers”.  Yuki Noguchi, NPR Cookie Consent and Choices Npr.org (2018), https://www.npr.org/2018/08/16/637499979/are-job-a… (last visited Apr 2, 2021). “The woman had been desperately looking for employment.” Yuki Noguchi, NPR Cookie Consent and Choices Npr.org (2018), https://www.npr.org/2018/08/16/637499979/are-job-a… (last visited Apr 2, 2021).  Another case describe on NPR is limiting the amount of experience a potential employee has. Limiting a person experience is a sneaky way of limiting age.  “T-Mobile had job advertisement for target age of 18 to 38.” Yuki Noguchi, NPR Cookie Consent and Choices Npr.org (2018), https://www.npr.org/2018/08/16/637499979/are-job-a… (last visited Apr 2, 2021).

“ Every person who under color of any statutes, of any State or Territory, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity.” “42 U.S.C Section 1983. Civil Action for Deprivation of rights (1871).”  “All persons within jurisdiction of the United States shall have the same right in every State and Territory to make.” 42 U.S.C Section 1981. Rights Under the Law (1866).” Footnote: Dawn Bennett-Alexander & Laura Hartman, Employment Law for Business 133 (9 ed. 2019).

What safeguards can they put into place for protection?

The people described in NPR radio would “have to prove that discrimination has taken place.” Dawn Bennett-Alexander & Laura Hartman, Employment Law for Business 133 (9 ed. 2019). This may be difficult to prove. Facebook has many settings and there are often changes. There are ways to set up Facebook and its ads. If the user has blocked or limited those ads than the problem can be pointed at the user. When it comes to social media it is not really clear on why some ads shows up and some do not. The man may have proof depending on how the ad was worded.

Employers can ensure that its ad are done carefully to avoid discriminating words and avoid limiting the demographics areas. Companies should treat people with fairness. A Company may have a policy set up for its employees including how many strikes the company has. A person who is late for work one day has one strike. The same person forgets her work shoes, that is strike two. The same person has refused to do any work that is strike three and the person is fired.  “Title V11 affords this person no protection.” Employers are to provide equal opportunity including termination.” Dawn Bennett-Alexander & Laura Hartman, Employment Law for Business 134 (9 ed. 2019). Dawn Bennett-Alexander & Laura Hartman, Employment Law for Business 131, 133,134 (9 ed. 2019).

References:

Yuki Noguchi, NPR Cookie Consent and Choices Npr.org (2018), https://www.npr.org/2018/08/16/637499979/are-job-a… (last visited Apr 2, 2021).

Dawn Bennett-Alexander & Laura Hartman, Employment Law for Business 131, 133,134 (9 ed. 2019).