Assignment: Employment Law
Resources: EEOC website, U.S. Court System website, EEOC Complaint Process Grading Guide, and EEO 101: The Basic Theories of Employment Discrimination
Search the following key terms: discrimination complaint process, litigation process, mediation process, and dispute resolution.
John identifies as a Hispanic employee in a private sector organization. He is regularly called an "idiot" by his supervisor. The supervisor has hardly ever called non-Hispanic employees derogatory names. Finally, the supervisor starts calling John an inflammatory name that is known to be derogatory to Hispanics. John now finds his work environment intolerable though his supervisor has no intention to demote or fire John for any reason. John, however, wants to file a discrimination complaint against his employer. He went to his HR department first, but was dissatisfied with their lack of help.
Prepare a 700- to 1,050-word paper written in the third person voice in which you analyze and explain the discrimination complaint and civil litigation process as it would potentially apply to John and his employer.
• What are the elements of a hostile work environment harassment claim?
• Can John potentially satisfy the elements of a hostile work environment harassment claim?
• Does his employer have any defense for the supervisor's conduct?
Identify whether John can make a prima facie case of hostile work environment by identifying the elements required to bring a cause of action for discrimination.
Explain how the complaint process begins with the Equal Employment Opportunity Commission (EEOC) and proceeds with a right-to-sue letter through the civil litigation process from the state level up to the U. S. Supreme Court.
Include a discussion on Title VII of the Civil Rights Act of 1964 and other relevant aspects addressing discrimination complaints and disputes in the workplace.
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.