Read the EEO v. Target case on page 132 and answer all the case questions on page 135.  The

Purdue Writing Lab

 provides guidance on APA formatting.  Your submission should contain a cover page entitled with the Module number and title and a reference section at the end. Each analysis paper should be 4-6 pages in length excluding the cover page and reference section.  This assignment should be prepared in 1.5 inch line spacing, 12 point Times New Romans or Arial font. Each written assignment should be submitted as a MS Word or PDF file saved under the name of the assignment. Example, the case should be saved and submitted as “EEO v. Target”  to this dropbox folder.

All written assignments will be graded in accordance with these standards set out in 

Grading Standards for Exams and Written Assignments

Read the EEO v. Target case on page 132 and answer all the case
questions on page 135.  The Purdue Writing Lab provides guidance on
APA formatting.  Your submission should contain a cover page entitled
with the Module number and title and a reference section at the end. Each
analysis paper should be 4-6 pages in length excluding the cover page
and reference section.  This assignment should be prepared in 1.5 inch
line spacing, 12 point Times New Romans or Arial font. Each written
assignment should be submitted as a MS Word or PDF file saved under
the name of the assignment. Example, the case should be saved and
submitted as “EEO v. Target”  to this dropbox folder.
All written assignments will be graded in accordance with these standards
set out in Grading Standards for Exams and Written Assignments

If you feel your employer has discriminated against you, what are the
conditions you would want to ensure existed before you consider filing a
discrimination claim?

Module 01/M01 KeyTerms.html
Key Words and Concepts

Regulations:  The principal, rule, or law created by administrative agencies, that are put in place after an elaborate set of requirements for public comments and review has been followed

Common law:  Claims under which employers are liable in tort for wrongful discharge when they terminate employees for taking actions that public policy requires or commands.

Tort:  the civil wrongs that harm people.

Employment at will:  The doctrine which holds that in the absence of the contract promising employment for specified duration, the employment relationship can be severed at any time and for any reason not specifically prohibited by law.

Equitable tolling:  The doctrine stating that if employees are unaware of their rights because they are actively misled by their employer or the employer failed to meet its legal obligation to post information in the workplace, a court might excuse and untimely filing.

Plaintiff:  The employee filing a lawsuit.

Burden of proof:  The plaintiffs obligation to show, generally by “preponderance (the majority) of the evidence,” that his rights were violated.

Punitive damages:  A remedy available in employment cases intended to punish the employer in cases of serious, intentional violations and to create an example to affect the behavior of others.

Right of control:  The hiring party has the authority to control where, when, and how the work gets done, even if that party chooses not to fully exercise its authority or to delegate certain decisions to the person doing the work.

Discrimination:  The limitation or denial of employment opportunity based on or related to the protected class characteristic of the person.

Adverse impact:  The disproportionate limitation or denial of employment opportunity for some protected class group that results from the use of a “neutral” requirement or practice that cannot be adequately justified.

Protected class:  The characteristics of people, such as a race, sex, and age, which are considered impermissible grounds for making employment decisions.

Disparate treatment:  The unequal treatment based on one or more protected class characteristics that results in the limitation or denial of employment opportunity.

Discriminatory intent:  The key element in which decision-maker based a decision, in whole or part, on a protected class characteristic of the affected employee.

Discriminatory Effects:  The focus in adverse impact cases where plaintiffs must show, usually through statistics, that some employment requirement or practice affects one protected class group more detrimentally than others.

Retaliation:  One major type of discrimination that occurs when an employee who asserts his or her rights under the law is subjected to a materially adverse action for doing so.

Pretext:  The underlying premise that employment decisions are made either for discriminatory or lawful reason. Harassment: A form of disparate treatment where the victim of harassment is subjected to inferior working conditions because of her sex, race, or other protected class characteristic.

Prima facie case:  A showing by the plaintiff that discrimination is a plausible explanation for an adverse employment action.

Module 01/M01 Module_Overview.html

Overview of Module 1

U.S. employment law is a fragmented work in progress, with multiple sources of employment law. These sources of law confer rights on employees and prescribe their enforcement processes for violation of those rights. In this module, we will begin with answering some basic questions about employment law, such as what employment relationships are subject to employment law, who are the employees and employers falling under the purview of these laws. We will end the module by looking at the substantive issues of employment discrimination. Be sure to familiarize yourself with the different types of discrimination and the procedural methods used in employment discrimination law, including standards of proof and legal theories.

By the end of this module, you will be expected to be able to: 

Identify the major sources of employment law
Identify and describe the substantive rights afforded under US employment law
Describe the history of US employment law
Identify who is protected under employment law
Determine when an employment relationship exists and which employment laws apply to different types of employees 
Explain the procedures for enforcing employment laws
Define employment discrimination and identify different types of discrimination
Distinguish between disparate impact and disparate treatment
Explain the elements of a retaliation claim and the permissible defenses to such claims
Explain the elements of a disparate treatment claim and evaluate the various defenses to such claims

Instructions

This module contains one discussion topic and one case analysis. Required reading is Chapters 1 – 3.  Please complete reviewing all module contents, including the chapter readings and the notes before attempting these assessments. There will be one discussion topics: Module 1.: Protecting Employee Rights .  Discussions will be graded according to Grading Standards for Discussions. Detailed instructions for the case analysis assignment are available in the EEOC v. Target Case Analysis Dropbox. This assignment will be grading according to Grading Standards for Exams and Written Assignments.

Please review the module learning objectives and cover all assigned readings, including the notes before attempting the assessed learning activities. If you are unclear about any of these areas, review your textbook and the lectures. Your instructor is always a resourcem if you are still unclear; however, you will understand and  remember information better and longer if you can work it out yourself.