Getting Started A diverse workforce means that employers must navigate a complex maze of cultures and ethnicities. Employees may speak numerous languages, belong to different racial groups, and come from different cultures. Therefore, it is imperative that employers educate their workforce about discrimination and its many forms. Likewise, employers must ensure that their business practices are related to business necessities and are not being used for the purpose of discriminating against others. A prime example of business practices gone awry is the \"English-only" workplace rule. \"English-only" rules are put into place regularly to discourage non-native English-speaking workers from speaking their native language. If English is not germane to the employee's job duty, then the employer cannot ban other languages from the workplace. If it does, the employer will be subject to a national origin discrimination claim. Color and racial characteristic discrimination are another serious problem employers should be on the lookout for because it is quite prevalent. In fact, individuals of the same race often discriminate against each other based on skin color and hair texture. Consider a scenario in which Hubert, an African-American manager, refuses to hire qualified female African-American job candidates because they are not \"light-skinned" and/or do not have \"good hair." Hubert is guilty of color and racial characteristic discrimination, plain and simple. As a hiring agent for his employer, he potentially has exposed the company to a discrimination lawsuit, as well. Cultural differences are often a source of discrimination, especially for individuals with ethnic names, dress codes, or accents. For example, recruiters may be turned off by ethnic Native American names or refuse to hire individuals who \"look" or \"sound" Latino. Employers must discourage cultural discrimination actively because it hinders diversity and is an obstacle to equal employment opportunity. Also, note that lawsuits involving workplace discrimination are more likely to award higher punitive damages where employers fail to properly train employees about discrimination and/or fail to promote workplace practices that discourage unlawful discrimination. Upon successful completion of the course material, you will be able to: - Define employment discrimination and explain the role of the EEOC. - Analyze the various employment, worker protection, and immigration laws. - Apply anti-discrimination laws in a business setting. I List and apply the major defenses available to employers. @ Background Information Traditionally, the employment-at-will doctrine was the law of the land, and it allowed an employer to terminate an employee at any time and for any reason. Although this common-law rule is still in existence today, the legal environment of business has evolved to provide greater protection of worker rights. Today's employment and labor laws prohibit wrongful termination. Employers cannot terminate employees in violation of the law or public policy. Workers cannot be fired for participating in unionizing efforts, engaging in whistleblowing activities, or refusing to commit an illegal act at the employer's request. Modern employment laws encompass numerous statutes, regulations, and executive orders. Worker compensation law protects injured workers by allowing for financial compensation stemming from work-related injuries or illnesses. Labor laws enforce good- faith bargaining between unions and management through the collective bargaining process. Anti-discrimination laws, such as Title VI] of the Civil Rights Act, prohibit discrimination based on race, color, national origin, gender, or religion. The Age Discrimination in Employment Act (ADEA) is patterned after Title VII of the Civil Rights Act. It prohibits discrimination against workers who are at least 40 years of age. If a company targets older workers for termination in an effort to cut costs, the employer is guilty of age discrimination under the ADEA. Instructions a. Review the rubric to make sure you understand the criteria for earning your grade. b. Read the Following from your textbook, The Legal Environment oFBusr'ness: a. Chapter 15, \"Employment and Labor Regulations\" b. Chapter 16, \"Employment Discrimination" c. Consider the following case scenario: Aadheen Patel is an engineer for Macrobits Software Company (MSC). He has worked for MSC for ten years. During those years, Aadheen helped develop some innovative programs that put MSC in the top software companies for the past two years. Lately, Aadheen was asked to work longer hours to get a new program into production. Mr. Handley, Aadheen's supervisor, noticed a shift in Aadheen's work ethic, and the two had some rather unpleasant words. Just last week, Aadheen refused to help with an emergency software malfunction which is required in his position. MSC has terminated Aadheen's employment and hired a non-Muslim engineer to take his place. Aadheen is looking to file a lawsuit based on discrimination. d. Navigate to the threaded discussion and respond to the following prompts: a. Can Aadheen file a lawsuit based on discrimination? What type of discrimination might he claim? Explain your reasoning b. What legal defenses might Macrobits Software Company have to Aadheen's discrimination claim? c. Do you think Aadheen would be successful in his claim? Explain. e. Your initial post is due by the end of the fourth day of the workshop. Your post should be at least 300 words in length and use two credible sources that are properly cited. f. Read and respond to at least two of your classmates' postings, as well as all instructor follow-up questions directed to you, by the end of the workshop. g. Your postings should also: a. Be well developed by providing clear answers with evidence of critical thinking. b. Add greater depth to the discussion by introducing new ideas. c. Provide clarification to classmates' questions and provide insight into the discussion. d. Each reply post should be at least 100 words in length and use one credible source properly cited