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Resources : EEOC website, U.S. Court System website, and EEO 101: The Basic Theories of Employment Discrimination Search the following key terms: discrimination complaint process, litigation process,...

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Resources:EEOC website, U.S. Court System website, 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 paper consistent with APA guidelines, including using headings to appropriately signal topics to keep your document organized.

Use a minimum of three different in-text citation sources within your paper, and properly identify them in your References page. Any laws and legal cases used in the body of your paper must also be included in the References page.

Clickthe Assignment Files tab to submit your assignment.

Answered Same Day Dec 27, 2021

Solution

David answered on Dec 27 2021
117 Votes
Equal Opportunity Rights and Human Rights Violation
The report aims to describe issues faced by john who is a Hispanic employee. He is regularly
called by his supervisor an idiot. Supervisor does not say such thing to any non Hispanic
person. Finally supervisor starts calling john by a name that is derogatory to Hispanic culture.
John wants to file a complaint again his supervisor but is not assisted by his HR department.
Clearly this is case of hostile work environment harassment claim. John can definitely file
such a claim. Hostile work environment is defined as defamation to people, sexual
harassment and passing offensive remarks (“Hostile work environment,” n.d.).
There are many types of unwelcome behaviours that are part of hostile environment.
Elements of hostile environment are unwelcome attitude, abusive and slang language, belief
of plaintiff that treatment is derogatory, and a reasonable person considering that conditions
of work environment for suffering person is clearly violates human rights and are abusive and
harassing. Hostile environment is prohibited by the title VII of the civil right act of 1964. It
is deemed as unlawful by the Americans with disabilities act of 1990 (“Hostile work
environment,” n.d.). Similarly, the genetic information non- discrimination act of 2008 also
prohibits hostile environment. Age discrimination in employment act of 1967 also prohibits
such act (“Hostile work environment,” n.d.). Discriminatory harassment can take form on the
asis of race and other factors.
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