Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

you must conduct an analysis.The first part of the analysis needs to include a report onwhyit was necessary for congress to create this legal protection.You

you must conduct an analysis.The first part of the analysis needs to include a report onwhyit was necessary for congress to create this legal protection.You should discuss the kinds of discrimination that were experienced by the members of the protected classification,the harm this discrimination caused,the social impacts of the discrimination on both the individuals and on society as a whole,as well as the moral/ethical rationale for why the law was created.(Basically-imagine you are making the argument for why this law should exist.)The second part of the analysis will describe the currentFederallegal protections in place based on that particular protected classification (don't look at state or local laws).

2) Next- your will be given a proposed protected classification.This is a classification that isnotcurrently protected from discrimination under Federal law.You team will need to make an argument as towhythis proposed classification should be protected (or alternately- you may make an argument about why that classification should NOT be protected).You should discuss the social harm (or lack thereof) of permitting that type of discrimination.You should discuss the impacts of the discrimination on both the individuals and on society as a whole.It may be helpful to draw analogies to currently protected classifications.Once you have made your argument about the need for discrimination protection, you should make an argument about what your proposed lawsshould include (possibly drawing ideas from current laws).Should there be exceptions (e.g. BFOQ)?Should there be accommodations?Should both disparate treatment and disparate impact theories of law be available?Shouldthe protection go both ways, or just one way (as in the case of age discrimination)?If your team chooses to argue against legal protection, discuss laws that would be needed to protect employers from liability for discriminating based on this unprotected classification.Perhaps include specific legal exemptions to be carved out of existing laws to ensure they aren't used to bring a case against an employer on the basis of the proposed protected class

currently protect class : sex

proposed protected class: Genderqueer status

Appearance:Physical Appearance (vs. societal, regional or ethnic standards of attractiveness).May include a preference for "beautiful" or "handsome" individuals regardless of other classifications.May include things like facial structure, body type, skin, hair, symmetry of features, etc.

Genderqueer Status:An individual's non-binary sexual identification. May also include additional sexual preferences or identities (e.g. asexual, polyamory, genderfluid, intersex, etc.).

Political Views:An individual's sincerely held beliefs about the roles, rightsand responsibilities of individuals and the state within the realm of public government.

Credit History:Any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation or personal characteristics.

Height/Weight:An individual's physicalheight and weight.May include preferences for "fit" individuals or individuals having particular body types.

Unemployment: An individual who is currently unemployed or who has a history of periods of unemployment.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Intellectual Property Law

Authors: Tina Hart, Simon Clark, Linda Fazzani

6th Edition

0230366538, 978-0230366534

More Books

Students also viewed these Law questions