Description
IntroductionThe Civil Rights Act of 1964, also known as Title VII, prohibits
employment discrimination based on the five protected classes of race,
color, religion, sex, and national origin. Yet, according to the United
States Equal Employment Opportunity Commission, the most frequent
allegation of discrimination, at least in the federal sector, is not any
of these specific types of discrimination, but, instead, is retaliation
(EEOC, n.d.). In addition to discrimination, Section § 2000e-3 of Title
VII also makes it a violation for an employer to retaliate against an
employee who opposes illegal employer action, brings charges, testifies
or participates in enforcement proceedings, or engages in similar
activity.In the website Thompson v. North American Stainless in the
following reading list, the U.S. Supreme Court was called on to decide
if Eric Thompson could sue his employer for retaliation claiming that he
was fired because his fiancée, also an employee, filed a sex
discrimination charge.For
this assignment, based on your analysis of the Thompson Supreme Court
case, you have been asked by your manager to develop sound strategies
and recommendations for addressing and preventing retaliation claims at
CapraTek.HR ChallengeAssume the role of an HR specialist at CapraTek. Your manager has
tasked you with developing sound strategies and recommendations for
addressing and preventing retaliation claims.
CapraTek combines almost 30 years of engineering experience with
production that is continually achieving new efficiencies. The company
has been profitable every year since its inception and is committed to
living its values through initiatives that focus on development of human
capital, corporate responsibility, and humanizing the workplace to
maintain a healthy work culture.
CapraTek has production facilities and research centers in Silicon
Valley, South Carolina, New Mexico, and Illinois, and also serves as
managing partner of a consortium with operations in India, Singapore,
Taiwan, South Africa, and the Czech Republic. As the organization grows,
however, the risk of illegal discrimination and retaliation claims also
grows in the presence of a large and diverse workforce.CapraTek
is an equal opportunity employer and hires without regard to sex, race,
religion, color, national origin, age, ethnicity, military veteran
status, gender identity, sexual affinity, or disability. In addition,
CapraTek strives to prevent claims of discrimination or retaliation by
its workers by developing strategies for prevention and mitigation that
address actual and potential employee complaints.Instructions
Write a 3–4-page executive summary for your manager that describes
facts from the Thompson case and explains the ways that a company like
CapraTek can prepare for and address retaliation claims. Use the CapraTek: Workplace Discrimination media piece as background for this assignment.
Read the opinion of the Supreme Court from Thompson v. North American Stainless.
You may wish to review general information on How to Write an
Effective Executive Summary before beginning the assignment in the
following reading list: Include the following from the case in your executive summary:
List the three elements of a prima facie case for retaliation and explain what each element means, providing examples.
Explain the positions of the employee and the employer in the Thompson case.
Explain the decision of the Supreme Court and its rationale in the Thompson case.
Give an explanation of how CapraTek could handle claims for
retaliation. Research any additional sources as needed and include the
following in your executive summary:
Explain how an employer such as CapraTek can defend against a
retaliation claim in court. What parts of the prima facie case should it
attack?
Recommend at least three best practices for CapraTek to prevent
retaliation claims. Support your recommendation with a rationale.
Support your main points with credible evidence.References
Other unlawful employment practices. 42 USCS
§ 2000e-3 (Public Law 116-138).
https://www.govinfo.gov/content/pkg/USCODE-2010-ti…Thompson v. North American Stainless. L.P. 562 U.S. 170, 131 S. Ct. 863, 178 L.Ed. 2d 694. 2011. https://www.eeoc.gov/laws/types/retaliation.cfmU.S. Equal Employment Opportunity Commission. (n.d.).Retaliation. https://www.eeoc.gov/laws/types/retaliation.cfm
