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Case Report/Case Study Outline

948 words - 4 pages

According to the U.S. Equal Employment Opportunity Commission (2012), Title VII of the Civil Rights Act of 1964, as it appears in volume 42 of the United State code, states that it is illegal for employers to discriminate against employee within an organization in regards to race, gender, color, religion, or country of origin (Title VII of the Civil Rights Act of 1964, Editors Note, para. 1).  Ivancevich and Konopaske (2013) also explain that within the code, employers cannot retaliate against an employee who alleges discrimination, as listed above, or any employee who is involved in a discrimination lawsuit. Organizations that are exempt from Title VII include employers and labor ...view middle of the document...

Ultimately, the Civil Rights Act of 1991 revised and clarified the impact of discrimination theory.
Within the discussion, we have a scenario that shows several discrimination factors.  First, we must consider if age discrimination is a factor given that all four employees who were asked to leave the organization were over 40 years old. The Age Discrimination in Employment Act of 1967 “protects individuals 40 years of age or older from employment discrimination based upon their age” (Ivancevich & Konopaske, 2013, p.76). Based on the definition and that the employer has 20 more employees, we could conclude that the law applies as long as disparate treatment is not involved. The four employees in question must survey the organization’s diversity and determine if discrimination is involved. If a majority of employees are over 40 then the discrimination is not clearly obvious. However, if the employee population is less than forty years, than the question of discrimination is clearer.
Racial discrimination can also be possible within the scenario. The discussion questions states that all four employees were African-American.  The EEOC will investigate if a disparate impact has occurred.  Under disparate impact, the four-fifth rule can be a method to determine discrimination. If the selection rate for one group is less than 80% of the selection rate for another group, then the probability of discrimination has occurred and the method would result in a failed outcome (Ivancevich & Konopaske, 2013). The organization must provide the burden of proof in regards to these four employees, for example, poor performance evaluations. I would assume the EEOC would pursue discrimination based on the above factors.
We know that the first act, Title VII of the Civil Rights Act of 1964, protects the employee – discrimination against an individual based on race. The Age Discrimination in Employment Act of 1967, protects age based individuals 40 years of age or older from employment...

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