RISK OF RETALIATION CLAIMS
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.
Week 4: Risk of Retaliation Claims.
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.
InstructionsWrite 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:Week 4: Risk of Retaliation Claims.
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.
You may find the following Capella Campus pages useful when completing this assessment:
Capella University Library.
Introduction to the Writing Center.
Evidence and APA.
Additional RequirementsThe deliverable for this assignment applies professional skills in human resources management (HRM) to workplace situations you will likely encounter in your day-to-day work in HRM. As part of your learning, we focus on the development of effective professional communication skills for the workplace.
Length: Your executive summary should be 3–4 typed, double-spaced pages, not including the resources page.
Organization: Make sure that your assessment writing is well organized, using headings and subheadings to organize content for the reader.
Font and font size: Times New Roman, 12-point.
Resources: Use at least two scholarly, peer-reviewed, or academic sources.
Evidence: Support your assertions with data and in-text citations, and create a reference list at the end of your document.
APA Formatting: Resources and in-text citations are formatted according to current APA style and formatting.
Written communication:Support recommendation with relevant and credible evidence.
Write for a specific audience, using the vernacular of the profession.
Use spell check and other tools to ensure correct spelling and grammar.
ReferencesOther unlawful employment practices. 42 USCS § 2000e-3 (Public Law 116-138). https://www.govinfo.gov/content/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap21-subchapVI-sec2000e-3.htm
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.cfm
U.S. Equal Employment Opportunity Commission. (n.d.). Retaliation. https://www.eeoc.gov/laws/types/retaliation.cfm
SCORING GUIDEYour work will be evaluated using this criteria.
VIEW SCORING GUIDECompetencies MeasuredBy successfully completing this assignment, you will demonstrate your proficiency in the following course competencies and scoring guide criteria:
Competency 1: Analyze the makeup of a legally compliant workplace on organizational performance and productivity.Explain the three elements of a prima facie case of retaliation.
Competency 2: Assess the nature of workplace legal action.Analyze the positions of the employee and the employer in the Thompson case.
Summarize the position of the U.S. Supreme Court in the Thompson case.
Competency 4: Formulate action plans to implement management strategies to create a legally compliant workplace.Explain strategies and best practices for employers to defend against and prevent retaliation claims.
Competency 5: Communicate in a manner that is professional and consistent with expectations for HR professionals.Convey purpose in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards