Expert answer:What is a recent case of gender discrimination?
Expert answer:Assignment Overview Type: Individual Project Unit: Discrimination: Part 2 Due Date: Tue, 12/5/17 Grading Type: Numeric Points Possible: 100 Points Earned: 0 Deliverable Length: 3-5 body pages View objectives for this assignmentAssignment ObjectivesAssess the classes of people protected by current employment lawAssess the various theories underlying workplace protectionConstruct and discuss preemptive management strategies that respond to the legal constraints of the current workplace environmentEvaluate the specific forms of workplace discrimination prohibited under current statutory and case lawAssignment Details Assignment Description Research recent (2015-2017) cases involving employment discrimination with regard to either sexual orientation or religious discrimination. Once you have identified a case of interest, discuss the following: Name the organization involved. List the facts of the cases. Analyze how the case was processed legally. Indicate what the final outcome/resolution of the case was (if there has been a final determination made). Was national legislation changed as a result of the case?Present your findings as a Word document of 3-5 pages formatted in APA style.Submitting your assignment in APA format means, at a minimum, you will need the following: Title page: Remember the running head and title in all capital letters. Body: The body of your paper begins on the page following the title page and abstract page, and it must be double-spaced between paragraphs. The typeface should be 12-pt. Times Roman or 12-pt. Courier in regular black type. Do not use color, bold type, or italics except as required for APA level headings and references. The deliverable length of the body of your paper for this assignment is 3-4 pages. In-text academic citations to support your decisions and analysis are required. A variety of academic sources is encouraged. Reference page: References that align with your in-text academic sources are listed on the final page of your paper. The references must be in APA format using appropriate spacing, hang indention, italics, and upper- and lower-case usage as appropriate for the type of resource used. Remember, the reference page is not a bibliography, but it is a further listing of the abbreviated in-text citations used in the paper. Every referenced item must have a corresponding in-text citation. Please submit your assignment. Your assignment will be graded in accordance with the following criteria. Click here to view the grading rubric.For assistance with your assignment, please use your text, Web resources, and all course materials**I have attached where I started my note taking on this particular case but if you prefer to go with another one, I fine with that***
unit_3_individual_assignment_12.03.17.docx
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Research recent (2015-2017) cases involving employment discrimination with regard to either
sexual orientation or religious discrimination. Once you have identified a case of interest,
discuss the following:
•
Name the organization involved.
Mickens v. General Electric Co., No. 3:16CV-00603-JHM, 2016 WL 7015665 (W.D. Ky. Nov. 29,
2016). The court denied the employer’s motion to dismiss a Title VII sex discrimination claim in which a
transgender plaintiff alleged he was unlawfully denied use of the male bathroom close to his work station,
and then was fired for attendance issues resulting from having to go to a bathroom farther away. He also
alleged that once his supervisor learned of his transgender status, he was singled out for reprimands, and
no action was taken in response to his reports of coworker harassment. Rejecting the employer’s argument
that discrimination based on transgender status is not actionable under Title VII, the court cited Sixth Circuit
precedent recognizing that, in light of Price Waterhouse, the prohibition against gender discrimination in Title
VII “can extend to certain situations where the plaintiff fails to conform to stereotypical gender norms.” The
court held that the complaint sufficiently pled a Title VII sex discrimination claim, noting that “[s]ignificantly,
plaintiff alleges that GE both permitted continued discrimination and harassment against him and
subsequently fired him because he did not conform to the gender stereotype of what someone who was
born female should look and act like.”
•
List the facts of the cases.
➢ Court Description: MEMORANDUM OPINION AND ORDER Signed by Chief
Judge Joseph H. McKinley, Jr. on 11/28/2016 granting in part and denying in part
5 Motion to Dismiss for Failure to State a Claim. Plaintiff’s claims for violation of
the Louisville-Metro Government Ordinance § 92.06 and violation of the
Occupational Safety and Health Act are DISMISSED. All other claims remain. cc:
Counsel (JBM)
➢ Mykel Mickens: employed by General Electric Appliances from 10/2014 thru
06/27/16.
➢ Transgendered black male
➢ Terminated on 06/27/2016 for “alleged” attendance issues
➢ Claims by Plaintiff: was subjected to harassment and disparate treatment due
being a transgender black man and not conforming to gender stereotyping.
➢ Was witnessed by both employees and Supervisors
➢ White non- transgender employees were not subjected to this treatment
➢ Was instructed not to use the bathroom close to him that aligns with his gender
identity
➢ Was reprimanded for returning late from his breaks due to the location of the
restroom he was instructed to use
➢ Mykel also had a conflict with a co-worker who had previously been involved in a
conflict with a caucasian female co-worker and the complaint of the other party
was addressed but his wasn’t.
➢ Mykel was harassed daily by co-workers and as a result, he was pulled off of the
production line and his transgender status was disclosed to his Supervisor. One
he confirmed his status to his Supervisor, he was reprimanded and singled out for
conduct that other non-transgender employees were not reprimanded for.
➢ He reported the harassment to GE directly and was told that there was nothing
that could be done about it.
➢ GE permitted continued discrimination and harassment towards him and
ultimately fired him because he did not conform to the gender stereotype of what
someone who was born female should look and act like.
➢ Plaintiff asserts that the Defendant violated state, local and federal law by
subjecting him to discrimination and depriving him employment due to his race
and gender identity, by firing due to violation of the gender stereotype by of what
someone born female should look and act like, treating him differently than other
employees based on race and gender identity, and by allowing the harassment to
continue throughout his employment there. Plaintiff claims that he was fired for
what caucasian non-transgender employees would not be fired for.
➢ Suit was filed 08/25/2016, with the Jefferson Circuit Court alleging claims of
violation of the Louisville-Metro Government Ordinance 92.06; gender and racial
discrimination in violation of the Kentucky Civil Rights Act, gender and racial
discrimination in violation of Title II of the Civil Rights of 1964; and violation of
Occupational Safety and Health Act. On September 19, 2016, GE removed the
action from the Jefferson Circuit Court to the Western District of Kentucky. GE
now moves to dismiss Plaintiff’s complaint pursuant to FED R. Civ.P.12(b)(6).
•
•
•
Analyze how the case was processed legally.
Indicate what the final outcome/resolution of the case was (if there has been a final
determination made).
Was national legislation changed as a result of the case?
Present your findings as a Word document of 3-5 pages formatted in APA style.
Submitting your assignment in APA format means, at a minimum, you will need the following:
•
•
Title page: Remember the running head and title in all capital letters.
Body: The body of your paper begins on the page following the title page and abstract
page, and it must be double-spaced between paragraphs. The typeface should be 12-pt.
Times Roman or 12-pt. Courier in regular black type. Do not use color, bold type, or
italics except as required for APA level headings and references. The deliverable length
of the body of your paper for this assignment is 3-4 pages. In-text academic citations to
•
support your decisions and analysis are required. A variety of academic sources is
encouraged.
Reference page: References that align with your in-text academic sources are listed on
the final page of your paper. The references must be in APA format using appropriate
spacing, hang indention, italics, and upper- and lower-case usage as appropriate for the
type of resource used. Remember, the reference page is not a bibliography, but it is a
further listing of the abbreviated in-text citations used in the paper. Every referenced item
must have a corresponding in-text citation.
Please submit your assignment.
…
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