Thursday, May 7, 2020

Essay On Sex Discrimination In The Workplace - 1014 Words

1. Should transgender employees be considered by the courts to be a protected class under Title VII s prohibition of sex discrimination in the workplace? I agree that transgender employee should be considered by the courts to be a protected class under Title VII’s prohibition of sex discrimination in the workplace. Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. Sex refers to the biological and physiological characteristics that define men and women; while, gender refers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women.(World Health Org.) A†¦show more content†¦1. The employee is in a protected class (based on race, gender, and so on). 2. The employee was qualified for the position. 3. The employee was rejected for the position --the candidate was not hired, or the employee was not promoted or was fired, and, 4. An employee outside of the protected class was selected for the position, or the employer continued to look for candidates. Roberts protected class would be gender and from the facts of the case Robert did not have any complaints from his peers or other workers prior to his change in the beginning of the school year. However it is not clear from the facts stated here. Roberts prevails in the first two prongs but is likely to fail in the third and fourth. The school did not terminate Roberts nor were they looking for another candidate to fill his position. Instead, Officer Roberts was summoned to CCSD police department headquarters and required to sit and read the memo prohibited CCSD police department employees from using children s restrooms unless prior authorization was secured from the school principal. Therefore, Roberts would not have be able to establish enough evidence based on these facts to form a prima facie case of discrimination. Nevertheless, Roberts has a cliam for a hostle enivornment. In a hostile environment: â€Å"Harassment becomes unlawful where 1) enduring the offensive conduct becomesShow MoreRelatedThe State Should Stay Out of the Employment Relationship1504 Words   |  7 Pages2007 Federal election, the Rudd Labor Government began work on its promises to re-shape Australia’s industrial relations system.† (Riley amp; Sheldon 2008) However, some people think that the state should stay out the employment relationship. This essay will argue that the state should stay in the employment relationship because it makes the roles and has the rights and responsibilities for the employee and employer in working environment. 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