Example Discrimination Articles
You Be the Judge

Here is some example discrimination articles that you can use for training purposes. My hope is that it will create considerable discussion. I have also included what discrimination is at the bottom of each page.

Good Luck!

Jim Ross is forty-three old Manager for a Call Center.

The Call Center consisted of over 1800 employees with shifts around the clock.

Jim was responsible for 75 employees, which consisted of employees from all age, race, color, national origin, and sex groups.

Jim was highly respected by his employees and considered to be very fair. He went out of his way to make sure they were acknowledged on their birthdays by having a cake made at his own expense and brought in for everyone to enjoy. He also would present them with a personal birthday card.

Recently Jim was having performance problems with one of his female employees, Ms. Slowdown, who was sixty-one years old. She was not meeting the company goal of contacting at least 30 individuals a day to see if they were interested in an extended warranty on their vehicle. In the past she had always been able to meet the minimum goal but recently she was finding it harder and harder to accomplish it.

Jim told Ms. Slowdown that he would help her in any way possible, but she would have to try harder.

The following week it just happened to be Ms. Slowdown's birthday. She was now sixty-two years old.

He had been extremely busy that week and had forgotten to order a cake so he called another local bakery. He explained that he was in a pinch and needed a cake delivered right away. They told him no problem.

When they delivered the cake they took it right to the employee break room.

Everyone was already gathered in the break room when Jim arrived from his office. He immediately noticed that the age was clearly marked on the cake in huge numbers, along with all sixty-two candles.

He had clearly asked them not to put that on the cake.

Everyone in the room was making remarks like, Wow, Ms. Slowdown, your almost ready to retire. Or other comments like, I hope I'm not still here when I'm that old.

Jim told each one that made inappropriate comments to knock it off, but it was getting out of control.

When he followed up with the Bakery they explained that the person that took the order left for the day and someone else made the cake. That the person had called the company and someone had given them the age of Ms. Slowdown. They did not know who they had spoken with.

Ms. Slowdown called in sick for the next three weeks explaining that she was stressed out.

She later quit without notice.

Is Jim or the Company at risk for an EEOC claim?

What would you do if you were Jim?

Does the above example fit into the below prohibited behavior?

The below list is not a complete definition of discrimination, harassment or hostile environment, but should give you some information to use for discussion on the examples of discrimination stories.

Under Title VII, the ADEA, and the ADA, it is against the law to discriminate in any way in the employment process based on race, color, religion, sex, or national origin, disability, or age, to include:

- Recruiting and Termination Hiring - Assignments - Transfers - Compensation or Pay Promotions - Layoffs or Recalls - Classifications of Employees- Testing- Use of Facilities- Fringe Benefits - Training - Retirements Plans - Disability Leave - And any Other Terms or Conditions of Employment

Under the above stated laws the following discriminatory practices are also illegal:

Retaliation against someone for filing a claim of discrimination, or providing information for or participating in an investigation, or opposing discriminatory practices.

Any form of harassment based on race, color, religion, sex, national origin, disability, or age.

Any decisions based on assumptions or stereotypes about the traits or abilities based on race, color, religion, sex, national origin, disability, or age.

Not allowing employment opportunities to anyone because they are the spouse of, or are associate with someone of a particular race, religion, national origin, or someone with a disability.

This includes discriminating against them for participating in schools or places of worship that are associated with a particular ethnic, racial or religious group.

Discriminating against someone because of their ancestry, culture, birthplace, or linguistic characteristics to a specific ethnic group.

English only rules may violate the law unless the employer is able to show it is necessary to conduct business.

Employers are required to reasonably accommodate the religious belief of an employee or potential employee, unless it would cause undue hardship.

Also illegal are unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

A hostile work environment can be defined as harassment based on race, color, religion, sex, national origin, disability, or age that unreasonably interferes with an individuals work performance or creates an intimidating, hostile or offensive working environment. Furthermore, no tangible job benefit need be affected, the frequency and severity of conduct is an issue, and is determined by the reasonable person standard, and can be committed by anyone including non-employees.

Pregnancy and/or childbirth and other related medical conditions must be treated in the same way as other temporary illnesses or medical conditions.

Thank you for reviewing these discrimination articles!

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