Research three different laws mentioned above and discuss how each of the three laws have helped you and/or your colleagues

3 pages

4 references

Module 4 – Case

Marginalized Groups, Bona Fide Occupational Qualifications, and HR Law

Assignment Overview

Marginalized Groups

It is important to mention that there are several other marginalized groups in the workforce. Some examples are disabled individuals; gays, lesbians and transgender individuals; pregnant women; individuals from different countries and cultures; and individuals who are serving in the military. Ultimately, the workforce is becoming more diverse which helps organizations in a number of ways such as: (1) An understanding and appreciation for all people, (2) Different perspectives and ideas, and (3) Better relationships with clients and/or customers. As such, there are a number of different laws and agencies to protect marginalized groups from disparate treatment. Disparate treatment occurs when members of a group are treated differently from others. Some examples of these laws and agencies are:

  • Civil Rights Act 1964 and 1991
  • Equal Employment Opportunity Commission  (EEOC)
  • Executive Orders 11246, 11375, and 11478
  • Civil Rights Act 1991
  • Affirmative Action Plan (AAP)
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment ACT (ADEA)
  • Older Workers Benefit Protection Act (OWBPA)
  • Immigration Reform and Control Acts (IRCA)
  • Vietnam Era Veterans Readjustment Assistance Act (1974)
  • Uniformed Services Employment and Reemployment Rights Act (USERRA) (1994)
  • Pregnancy Discrimination Act (PDA) (1978)
  • Family and Medical Leave Act (FMLA) (1993)
  • Genetic Information Nondiscrimination Act (GINA)

Case Assignment

Drawing on the material in the background readings and doing additional research, please prepare a 3 page paper (not including the cover and reference pages) in which you:

  • Research three different laws mentioned above and discuss how each of the three laws have helped you and/or your colleagues.  
  • Which law do you think is the most helpful for employees at your organization? Discuss why.
  • As an HR manager, discuss how you would deal with a middle manager who is accused of  disparate treatment.

Assignment Expectations

Your paper will be evaluated on the following points:

  • Precision: Does the paper address the question(s) or task(s)?
  • Clarity: Is the writing clear and are the concepts articulated properly? Are paraphrasing and synthesis of concepts the primary means of response to the questions, or are excessive use of quotations how thoughts are conveyed?  Are headings included in all papers greater than 2 pages?
  • Breadth: Is the full breadth of the subject addressed?
  • Depth: Does the paper address the topic in sufficient depth?
  • Grammar, spelling, and vocabulary: Is the paper well written? Are the grammar, spelling, and vocabulary suitable to graduate-level work?
  • Referencing (citations and references): Does the paper use citations and quotation marks when appropriate?
  • Critical thinking: Is the subject thought about critically, (i.e., accurately, logically, relevantly, and precisely)? 

Module 4 – Background

Marginalized Groups, Bona Fide Occupational Qualifications, and HR Law

Required Reading

Bhopal, Kalwant. (2010). Gender, identity and experience: Researching marginalised groups. Women’s Studies International Forum, ISSN 0277-5395, Volume 33, Issue 3, pp. 188–195.

Baur, Vivianne E; Abma, Tineke A; Widdershoven, Guy A.M. (2010). Participation of marginalized groups in evaluation: Mission impossible? Evaluation and Program Planning, ISSN 0149-7189, Evaluation and Program Planning, Volume 33, Issue 3, pp. 238–245.

Neuendorf, Kimberly A; Skalski, Paul D; Jeffres, Leo W; Atkin, David. (2014). Senses of humor, media use, and opinions about the treatment of marginalized groups. International Journal of Intercultural Relations, ISSN 0147-1767, Volume 42, pp. 65–76. 

Derry, Robbin. (2012). Reclaiming Marginalized Stakeholders. Journal of Business Ethics, ISSN 0167-4544, Volume 111, Issue 2, pp. 253–264.

Monahan, Camille. (2013). The Failure of the Bona Fide Occupational Qualification in Cross‐Gender Prison Guard Cases: A Problem beyond Equal Employment Opportunity. Hypatia, ISSN 0887-5367, 02/2013, Volume 28, Issue 1, pp. 101–121.

Shaman, Jeffrey M. (1971). Toward defining and abolishing the bona fide occupational qualification based on class status. Labor law journal, ISSN 0023-6586, Volume 22, Issue 6, pp. 332–341.

Lucken, K., & Ponte, L. M. (2008). A Just Measure of Forgiveness: Reforming Occupational Licensing Regulations for Ex‐Offenders Using BFOQ Analysis. Law & Policy, ISSN 0265-8240, Volume 30, Issue 1, pp. 46–72.

Berman, Jillian B. (2000). Defining the “Essence of the Business”: An Analysis of Title VII’s Privacy BFOQ after Johnson Controls. The University of Chicago Law Review, ISSN 0041-9494, Volume 67, Issue 3, pp. 749–775.  

Optional Reading

Smith, B. (2013).  Human Resources and the Impact of Gender.  Retrieved from https://www.wcl.american.edu/endsilence/documents/HRandGenderPowerPoint.pdf

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