Q Analyze the legal issues in a case study and write a 1–2-page script for an oral argument from three different perspectives, the organization's attorney, an attorney for the plaintiff, and the organization's HR leadership, for a total of three scripts. Engaging in applying legal and organizational laws and practices from multiple perspectives in diverse situations is an essential skill for HR professionals. Human resources is often called upon to identify potential legal issues and suggest policy changes to protect the organization from workplace discrimination charges. SHOW LESS By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria: • Competency 1: Develop a foundational understanding of employment law and labor law. o Identify related laws or legislation that supports perspectives of HR leadership and an attorney for the organization and the plaintiff. o Describe the potential impact of a discrimination charge levied against an organization. • Competency 2: Analyze the application of legal thinking strategies to human resource management (HRM) law. o Explain possible defense arguments for a corporation responding to charges of discrimination. o Explain possible arguments from the perspective of an attorney representing the plaintiff. o Summarize a logical case outcome and the relief requested from the court. • Competency 3: Apply legal thought to human resource (HM) practices in the workplace. o Describe possible changes to HRM policies and organizational practices that would increase legal compliance and improve fairness, productivity, and worker morale. • Competency 4: Communicate in a manner that is scholarly and professional. o Communicate in a professional manner, using scholarly resources that support the analysis through clear, concise, well-organized, and grammatically correct writing that incorporates appropriate APA style conventions. "It may be true that the law cannot make a man love me, but it can stop him from lynching me, and I think that's pretty important" (King, 1962). SHOW LESS Illegal discrimination in the workplace happens when an employee is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. The Assessment 2 Context document contains important summaries of the various federal laws and statutes that protect employees, covering the following topics: • Constitutional Protection and Government Employer. • Statutory Protection and Nongovernmental Employers. • Pay Discrimination. • Age Discrimination. • Disability Discrimination. • Sexual Harassment. • Sexual Orientation Discrimination. Reference King, M. L., Jr. (1962, May 23). Towards freedom [Transcript of speech delivered at Dartmouth College]. Retrieved from http://www.dartmouth.edu/~towardsfreedom/transcript.html As you prepare to complete this assessment, you may want to think about other related issues to deepen your understanding or broaden your viewpoint. You are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of your professional community. Note that these questions are for your own development and exploration and do not need to be completed or submitted as part of your assessment. SHOW LESS • Identify the benefits of legal compliance to eliminate discrimination, beyond avoiding litigation costs, in the workplace. • Consider how significant workplace culture is to legal compliance that eliminates discrimination. Suggested Resources The resources provided here are optional. You may use other resources of your choice to prepare for this assessment; however, you will need to ensure that they are appropriate, credible, and valid. The MBA-FP6249 – Organizations, Governance, and the Law Library Guide can help direct your research, and the Supplemental Resources and Research Resources, both linked from the left navigation menu in your courseroom, provide additional resources to help support you. Capella Resources • Assessment 2 Context. SHOW LESS Capella Multimedia • Illegal Discrimination | Transcript. o There are various federal laws and statutes that protect employees in the workplace from illegal discrimination, or, in other words, when an employee is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. Capella University Library Resources • Evan, M. (2004). Race matters. Black Enterprise, 34(7), 29. • McEwen, S. A. (2002, June). Barristers tips: Preparing yourself for oral argument. Los Angeles Lawyer, 8. The following are court cases. A focus area note has been placed after each reading to assist your understanding of the legal cases and written decisions. • Sutton v. United Air Lines, Inc., 119 S. Ct. 2139 (1999). (Focus area: Limiting ADA.) • U.S. Airways, Inc. v. Barnett, 122 S. Ct. 1516 (2002). (Focus area: Reasonable accommodation.) • Meritor Savings Bank, FSB v. Vinson, 106 S. Ct. 2399 (1986). (Focus area: Extending Title VII to sexual harassment.) • Mississippi University for Women v. Hogan (S.Ct.1982). (Focus area: Single sex admissions.) Internet Resources • LawNerds. (n.d.). The IRAC formula. Retrieved from http://www.lawnerds.com/guide/irac.html • NACUBO. (n.d.). Making effective oral presentations. Retrieved from http://www.nacubo.org/Events_and_Programs/Speakers_Corner/Making_Effective_Oral_Presentations.html Preparation Read the following case: Joanna Capella came to work for Educational Books (a small academic publishing house) in 2010 as an assistant to Arthur Moore, CEO. In 2012, Moore, her mentor, promoted her to vice president in charge of author relations. Her responsibilities included putting scholars under contract to write academic works. From 2012–2014 she failed to sign anyone upper management considered significant. In late 2014 she was reassigned to a position as vice president in charge of marketing, where her primary duty was to promote the company at book conventions. Upon reassignment, she promptly resigned from the company and brought suit for sexual harassment/constructive discharge. It is undisputed by either side that Moore and Capella had a consensual sexual relationship, which ended in late 2011. It is also undisputed that Mr. Moore stated on two occasions to other executives that Ms. Capella "was a good lay." Ms. Capella was not present for these statements. It is also undisputed that Mr. Jeffrey Marx, also a vice president, stated in 2013 that she "only had her job because of her personal relationship with the boss." Sandy Alder, also a vice president is quoted as saying in front of three subordinates with Ms. Capella present that Capella "slept her way to the middle." Lastly, one of these three subordinates, Victor Johnson, asked her on an occasion in early 2014, "Could I sleep with you to get a promotion?" He later apologized and said he was joking. Educational Books' executive handbook has a strong anti-harassment policy. The handbook also provides for a complaint procedure by filing an official complaint which, at the executive level, is sent to Mr. Moore for investigation and action. Ms. Capella did not ever file such a form. Instructions Analyze the legal issue(s) raised in this case, and complete the following: 1. Write a 1–2-page script for an oral argument in defense of the organization. This should be solely from the perspective of an attorney for the organization. o Identify related laws or legislation that supports this perspective. o Summarize a logical case outcome and the relief requested from the court. 2. Write a 1–2-page script for an oral argument in support of Ms. Capella. This should be solely from the perspective of an attorney for Ms. Capella. o Identify related laws or legislation that supports this perspective. o Summarize a logical case outcome and the relief requested from the court. 3. Write a 1–2-page script for an oral presentation for HR leadership. This should be solely from the perspective of the head of HR regarding possible changes to HRM policies and organizational practices that would improve fairness, productivity, and worker morale as it relates to workplace discrimination. o Describe the potential impact of a workplace discrimination charge levied at this organization. o Identify related laws or legislation that supports this perspective. o Summarize a logical case outcome. Your oral argument scripts should be written in a professional manner, using scholarly resources that support the analysis through clear, concise, well-organized, and grammatically correct writing that incorporates appropriate APA style conventions. Additional Requirements • References: Support your assertions with citations from the suggested materials in the Resources, workplace examples, and any relevant additional research. • Format: Use proper APA style and format for in-text citations and references. • Length: 1–2 double-spaced, typed pages for each of the three oral argument scripts, in addition to the references page. • Written communication: Demonstrate graduate-level writing skills through accurate communication of thoughts that convey the overall goals of the assessment and do not detract from the message. • Font and font size: Times New Roman, 12 point.