Individual With a Communicable Disease Term Paper

Pages: 5 (1417 words)  ·  Bibliography Sources: ≈ 6  ·  File: .docx  ·  Level: College Senior  ·  Topic: Women's Issues - Sexuality

SAMPLE EXCERPT . . .
It is actually more likely that the store would succeed in its claim because of its size. Most Christian bookstores are small and have a small staff. "Title VII defines "employer" as "a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person." Alternately, with a sympathetic judge, "an employer who has an essentially religious mission for his commercial enterprise, in which some may qualify for the "bona fide occupational qualification" status for religious requirements." (Rochelle)

4. What protections, if any, does Title VII afford gay and lesbian individuals?

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Title VII does not provide any protection to gay and lesbian individuals on the basis of their sexual orientation, and on the contrary gay and lesbian individuals have historically had less protection from sex-based discrimination than do heterosexuals. For example, it is illegal to discriminate against a woman for being feminine (as in a construction job), but it has often been held permissible to discriminate against a man for being feminine and failing to adhere to sexual stereotypes. This tendency has been challenged in the very recent past, with courts beginning to "understand that even though Title VII does not include sexual orientation or gender identity as protected classes...and recognizing the viability of gender stereotyping claims under a sex discrimination or sex harassment theory." (Cohen) The only form of protection which a gay or lesbian might have under Title VII, then, would be to claim that the discrimination was based on their failure to live up to sexual stereotypes other than mate choice. However, this does not protect "straight-acting" individuals who are discriminated against for purely sexual reasons.

Term Paper on Individual With a Communicable Disease Assignment

One significant change recently has been that transgendered or transsexual individuals have been receiving protection under the gender/sex clause. For example, the 6th Circuit ruled: "an employer who discriminates against women because, for instance, they do not wear dresses or makeup, is engaging in sex discrimination. ... It follows that employers who discriminate against men because they do wear dresses and makeup ... are also engaging in sex discrimination."

5. Distinguish "quid pro quo sexual harassment" from "hostile work environment sexual harassment."

"Quid pro quo" sexual harassment specifically refers to sexual advances made on an individual with the implication or statement that surrounding to such advances will lead to advantages in the workplace such as employment, promotion, wage increase, or with the threat of economic loss. "Hostile work environment" sexual harassment, on the other hand, does not refer to a situation in which one will be rewarded or punished for refusing, but refers to persistent and unwanted sexual conduct or propositioning in the workplace. This occurs whenever "unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates a hostile, intimidating or offensive work environment" (Wyatt) This hostile environment may be as serious as physical conduct and abuse or repeated "demeaning sexual inquiries and vulgarities" (Wyatt) or as innocuous as mere "sexist signs, cartoons, calendars, literature or photographs displayed in plain view" (Wyatt) on another employee's desk. In the first case of quid pro quo harassment, some level of management is usually directly at fault. In the second case of a hostile environment the employer is only liable if they were aware of situation and did not take steps to resolve it.

Bibliography

Choose Charity. "How to Run a Business Without Hiding Your Faith." http://choosecharity.org/titlevii_information.htm#_edn1

Cohen, Michael. "As Freely As Everyone Else" Human Rights Campaign. http://www.hrc.org/Template.cfm?Section=Home& CONTENTID=25218& TEMPLATE=/ContentManagement/ContentDisplay.cfm

Human Resources UNC. "Summary of Applicable Laws and Policy Guidelines." Human Resources University of North Carolina. http://hr.unc.edu/Data/SPA/employeerelations/summary-of-laws

Rochelle, Dudley. "Ten Tips for Employers to Avoid Religious Discrimination" Marketplace Leaders. http://marketplaceleaders.org/articles_view.asp?articleid=5623& columnid=743

Rostow, Ann. "Court: Title VII protects transgender workers" Gay.Com News. http://www.gay.com/news/article.html?coll=news_articles& sernum=2004/06/02/2& page=1

Wyatt, Nancy. "Legal Definitions of Sexual Harassment." Information on Sexual Harrasment. http://www.de.psu.edu/harassment/legal/ [END OF PREVIEW] . . . READ MORE

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