Full Answer Section

Workplace Harassment and Equal Employment Opportunity (1-1.5 Pages)

• Analysis of Harassment’s Impact on EEO:
  • Define workplace harassment and its various forms (sexual, racial, etc.).
  • Explain how harassment violates Title VII of the Civil Rights Act and other EEO laws.
  • Discuss the creation of a hostile work environment and its impact on employees.
• Elements of a Harassment Claim:
  • Describe the four key elements a plaintiff must show:
    • Plaintiff is a member of a protected class.
    • Plaintiff was subjected to unwelcome harassment.
    • Harassment was based on protected class status.
    • Harassment was sufficiently severe or pervasive to alter the conditions of employment and create a hostile work environment. ¹  
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• Provide examples of cases to support the elements.

III. Prevention of Harassment and Discrimination (1-1.5 Pages)

• Proactive Strategies:
  • Strong Anti-Harassment Policies: Detailed, clearly communicated policies with reporting procedures.
  • Comprehensive Training Programs: Regular training for all employees on harassment, discrimination, and bystander intervention.
  • Effective Complaint Procedures: Confidential, timely, and impartial investigation processes.
  • Culture of Respect and Inclusion: Promote diversity, equity, and inclusion initiatives.
  • Use of consistent and fair disciplinary actions.

IV. Reasonable Accommodation under the ADA (1-1.5 Pages)

• Explanation of Reasonable Accommodation:
  • Define disability under the ADA.
  • Explain the employer’s obligation to provide reasonable accommodations.
  • Discuss the interactive process between employer and employee.
• Elements of a Failure to Accommodate Claim:
  • Describe the three key elements a plaintiff must show:
    • Plaintiff has a disability as defined by the ADA.
    • Plaintiff is a qualified individual with a disability.
    • Employer failed to provide a reasonable accommodation.
  • Discuss elements of both the plaintiff’s qualifications and the employer’s behavior.
• Provide examples of common reasonable accomodations.

V. Religious Advocacy/Discrimination vs. Bona Fide Occupational Qualification (BFOQ) (1 Page)

• Comparison:
  • Explain the difference between religious advocacy and discrimination.
  • Define bona fide occupational qualification (BFOQ).
  • Discuss when religion can (and cannot) be used as a BFOQ.
• Hiring Based on Religion:
  • Explain the legal restrictions on hiring based on religion.
  • Discuss exceptions for religious organizations.
  • Explain why or why not organizations can hire based on religion.

VI. FMLA Mistakes and Prevention (1 Page)

• Common FMLA Mistakes:
  • Failure to properly designate FMLA leave.
  • Interfering with an employee’s FMLA rights.
  • Failure to maintain proper records.
• Prevention Strategies:
  • Implement clear FMLA policies and procedures.
  • Provide regular training for managers on FMLA compliance.
  • Maintain accurate records of FMLA leave.

VII. Employee Experience, Culture, and Employment Law (1 Page)

• Importance of Employee Experience and Culture:
  • Analyze how a positive employee experience and culture reduce the risk of legal violations.
  • Discuss the link between employee morale, engagement, and compliance.
  • Explain how a poor company culture can increase legal issues.
• Managerial Support:
  • Describe how managers can promote a positive employee experience and culture.
  • Discuss the importance of leadership commitment to diversity, equity, and inclusion.
  • Explain the need for managers to be trained on employment law.

VIII. Conclusion (0.5 Page)

• Summarize the key strategies for preventing legal violations.
• Reiterate the importance of a proactive and inclusive HR approach.
• Final thoughts on creating a legally compliant and positive workplace.

Key Considerations:

• Use credible sources and legal citations.
• Provide concrete examples and case studies to support your analysis.
• Maintain a professional and objective tone.