First SituationThe law that relates to the first scenario is the Vietnam Era Veterans Readjustment Act of1974 applies (ADA National Network, 2021). The act proposes affirmative action to be taken toensure that veterans are not discriminated against. The act requires both contractors andsubcontractors to take affirmative action and employ qualified Vietnam era veterans. TheVeterans Employment […]
To start, you canFirst Situation
The law that relates to the first scenario is the Vietnam Era Veterans Readjustment Act of
1974 applies (ADA National Network, 2021). The act proposes affirmative action to be taken to
ensure that veterans are not discriminated against. The act requires both contractors and
subcontractors to take affirmative action and employ qualified Vietnam era veterans. The
Veterans Employment and Training Service (VETS) is tasked with the enforcement of the
provisions of this law (ADA National Network, 2021). Employed veterans are also entitled to
reasonable accommodation (Dietrich, 2004). The veteran described in the scenario was involved
in the Iraqi conflict. He experiences back pain and therefore can ask for reasonable
accommodation due to his health condition. He is qualified and can be granted affirmative action
which would mean that he is promoted to the supervisory position.
Second Situation
Title VII if the Civil Rights Act of 1964 protects employees against discrimination based on race, color, nationality, or sex (“Title VII of the Civil Rights Act of 1964,” n.d.).
While this law relates to aspects such as hiring, firing, and promotion, it is unlawful to
discriminate against individuals based on color. The Equal Employment and Opportunity
Commission investigates incidences of racial harrasment. While simple teasing, jokes, and
offhand comments are not serious, they may amount to harassment if they create a hostile or
offensive workplace environment (U.S. Equal Employment Opportunity Commission, 2020). The
supervisor thus has a responsibility of ensuring that the workplace environment is conducive to all
employees. Employees who are telling off-color jokes are creating a toxic workplace
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enviroment. The supervisor thus needs to warn the employees concerned about the implications of
the unethical acts. The actions of employees can result in the employer being sued for vicarious
liability. To this end, the supervisor needs to ensure that a policy against all forms of harassment
is put in place and strictly adhered to by the employees.
Third Situation
In this scenario Title VII if the Civil Rights Act of 1964 applies (“Title VII of the Civil
Rights Act of 1964,” n.d.). The law prohibits all forms of racial discrimination in hiring, firing, promotions, and the award of salaries. In such a scenario, the best way
to respond is by stating that the organization does not embrace any workplace policies that relate
to discrimination. Communicating workplace policies can help ensure that the
allegations of racial discrimination are disproved. Promotion should be based on one’s skills and
abilities as opposed to race. If the company is federally assisted, Executive Order 11246 applies
(Farrell, 2019). The order prohibits contractors and subcontractors who are federally assisted from
discriminating in employment based on race, sex, religion, and sexual orientation. The
company thus has to prove that it does not engage in any discriminatory practices.
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References
ADA National Network. (2021). Vietnam era veterans’ readjustment assistance act. ADA
National Network | Information, Guidance and Training on the Americans with
Disabilities Act. https://adata.org/factsheet/VEVRAA
Dietrich, J. W. (2004). Vietnam Era Veterans’ Readjustment Assistance Act of 1974. Affirmative
Action: An Encyclopedia.
Farrell, J. (2019). The Promise of Executive Order 11246:” Equality as a Fact and Equality as a
Result”. DePaul J. Soc. Just., 13, 1.
Title VII of the Civil Rights Act of 1964. (n.d.). U.S. Equal Employment Opportunity
Commission. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
U.S. Equal Employment Opportunity Commission. (2020). Race/Color
discrimination. https://www.eeoc.gov/racecolor-discrimination
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