Employment Law Seen Today Term Paper

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Employment Law

The following shall be answers to questions that relate to employment law. It shall be a case analysis.

PG 93 Questions

Southwest Airlines Company has accepted that it is an organization, which recruits only female workers. It rejects employing male workers. It has both weight and height limits which would inhibit male applicants. It stated that a Title VII outlaw on discrimination of sex justified its recruitment of female workers for public contact posts of flight attendants and ticket agents. The company maintained its reasons for not employing male workers, as being that the female workers would present the sexy image of the company (Bennett-Alexander and Hartman, 2012 page 92). The issue that hence results now, is whether Southwest has proved that being female is a practically essential BFOQ to sustain the success of the business hence the discrimination in sex. Southwest Airlines failed in their defense claim. For those people that love the employer marketing scheme, perhaps a compromise could be made. It should be observed whether the female workers are happy with the jobs they already do. However, there ought to be certain jobs male employees could be hired for, background duties like luggage work as well as repairs.

2) I think the BFOQ's standards are not firm at all. They actually appear quite simple. The standards/test itself goes in this manner: (1) does the job in consideration necessitate that the employee be just one sex and (2) is the condition logically essential to the business of the employers (Bennett-Alexander and Hartman, 2012 page 92). It leaves us on the final contemplation that gender discrimination would be essential only if the essentials of the business would be compromised by not employing members of the sex that it particularly needs. Hence, the standards are then quite simple. of the essence of the matter now hinges pn how every busines attempts to understand and utilize the standards.

3) A commercial success argument ought to be stressed more in court if reasonable proof is provided to support it. With the argument that was utilized by Southwest, there existed no reasonable poof to its defense. In case it had provided evidence that business objectives would surely be damaged with the recruitment of male employees, then it could be balanced with the concern of the Congress via compromise (Writer Thoughts). Permitting the recruitment policies to apply to Congress would perhaps have that in return, the company stick to the position of Congress in a differing manner; for instance recruiting male workers to perform other jobs the company possesses.

Pg 101 Questions

1) According to the case in question, it is observed that block workers in Connecticut state agency have been elevated to supervisors. The manner through which the promotion is conducted is through passing a written test. There existed a distinct impact whereby blacks pass at a rate of 68% in comparison to the whites who did the same examination. Black employees that failed in the test were not included in further deliberations for permanent supervisory jobs (Bennett-Alexander and Hartman, 2012 page 100). The agency most likely promoted the higher fraction of blacks because of the thought of favorable handling of other workers of the racial group. Taking into consideration the civil rights history possessed by the African-American, it might be likely that that agency was somewhat attempting to make a political statement.

2) As observed in this case, in the "bottom-line" defense theory, an employer's action of discrimination based on race, in promotions influenced by a test possessing distinct impact could not leave the employer accountable for the racial discrimination experienced by the workers if the "bottom-line" outcome of the procedure causes a suitable racial balance (Bennett-Alexander and Hartman, 2012 page 100). Because the workers are utilizing the "bottom-line" defense of the employer as what they are opposing, they ought not to be permitted to take legal action unless they could discover another tactic to go against if the bottom-line was not discriminatory. In this particular case, it was established that the "bottom-line" did not stop the employees from developing a prima facie case.

3) In order to avoid accountability the employer could have examined other techniques to decide on promotion for the workers. For instance, rather than a written test, the employer could assess the services the workers have offered in their years of employment (Writer Thoughts).

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For instance, if there existed a worker that worked in the agency for five years, the employee ought to look at the history and observe if there are any important things that the employee has performed which would deserve a promotion on their part rather than looking at a written test that could offer quite biased outcomes.

Pg 144 Questions

1) The examination was administered by the target as a way of measuring the integrity and honesty of any prospective worker. Over the years, personality assessments have turned out to be the feasible alternative in the sphere of pre-employment selection screening. These are assessments that are proven not to have discriminatory results and have been observed lately to illustrate reasonable job performance guesses (Bennett, Alexander and Hartman, 2012 page 143). However, in these assessments, there is a warning that employers ought to be aware and guarantee that the assessment covers relevant character dimensions. Various employers have in the past utilized less valid ways of measurement like handwriting tests and other ways. In this case, target utilized psychological screening called Psycho screen as a portion of job requirement for security officer workers. Sue Surry, William D'Arcangelo, and Sibi Soroka maintained that this particular practice offers discrimination on the basis of race, sex, religion, and physical disability. With this test, the Target is capable of learning every applicant's emotional stability. This could actually avoid recruiting officers that could put clients and fellow workers in danger. Soroka was recruited from this group while the other two were rejected.

2) It all comes down to a matter of question with regard to the significance of the question replies and the personal capability to actually do the job. The assessment had questions for this job with the inclusion of questions relating to religious thought with responses including things like someone's soul departing from the body at times. There were also questions relating to the sexual preference of the applicants (Bennett-Alexander and Hartman, 2012 page 144). Sorka maintains that the Target has not illustrated how its Psycho screen questions are linked to the job. Target expressed vivid interest in the idea of recruiting emotionally stable individuals as security officers assessing the applicants with regards to issues like religious belief. Sexual orientation does not provide any interest towards the performance of the job or whether it shall influence their contact with fellow clients and applicants. Although the California Supreme Court itself realized that public workers could not be forced to take polygraph examinations it does not excuse assessing applicants regarding their sexual orientation or belief.

3) Target attempt the utilization of an emotional intelligence test. Initiated in the 20th century, intelligence is seen by the society nearly completely via the lens of intelligence quotient ("IQ") assessments (Baez, 2013). These assessments possess the advantage of being quite dependable; however, they are restricted in that they gauge verbal confidence and abstract logic. Peter Salovey and John Mayer suggested another kind of intelligence in 1990: emotional intelligence. It is made up of features: Firstly, individuals ought to be capable of precisely perceiving emotions in themselves and others and possess the ability to effectually convey their own emotions. Secondly, individuals ought to be aware of how their feelings influence their thoughts and ways of coping (Baez, 2013). Thirdly, individuals ought to be able to comprehend and assess their feelings that might frequently be contradictory and intricate. Lastly, individuals ought to be capable of controlling their feelings in order to dampen negative feelings and make good use of the positive ones. It is essential to note that in case IQ is actually a form of intelligence, it cannot be altered very much- an individual's IQ stays relatively the same all through their life. The marketplace is starting to realize the significance of EQ. According to one research, 60% of employers would not recruit a high IQ applicant with a low EQ. Employers gave the following reasons as to why emotional intelligence is of more significance than IQ. Workers with high EQ (Baez, 2013):

Would probably remain calm under stress

Recognize how to effectively solve conflicts

Have a tendency making more thoughtful business choices

Lead by example.

When the same employers were required to pick out particular traits and qualities that showed EQ, they gave responses that worker who displays high EQ (Baez, 2013):

Accept and learn from their mistakes.....

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Latest APA Format (6th edition)

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"Employment Law Seen Today" (2015, October 23) Retrieved May 3, 2024, from
https://www.aceyourpaper.com/essays/employment-law-seen-today-2159100

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"Employment Law Seen Today" 23 October 2015. Web.3 May. 2024. <
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"Employment Law Seen Today", 23 October 2015, Accessed.3 May. 2024,
https://www.aceyourpaper.com/essays/employment-law-seen-today-2159100
   

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