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Essay / Research Paper Abstract
This 3 page paper examines two cases--one impact and one treatment--as a springboard for discussion. How each of the cases is applicable to business is discussed. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: RT13_SA526di.rtf
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gender or national origin (Zachary, 2003). In such cases, the plaintiff has to prove that the defendant had the intention of discrimination (Zachary, 2003). This is unlike disparate impact cases
where the defendant does not need to have a motivation. The end result has to however be discriminatory. These cases are important because they not only set precedents, but they
help to enforce the law as it relates to protected classes. Also, whether or not the case is a disparate impact or disparate treatment case, in the end, the result
is the same. There is discrimination and it is against the law. A disparate treatment case example is SUPREME COURT OF THE UNITED STATES RAYTHEON CO. v. HERNANDEZ. What
happened was that an employee tested positive for drugs and in this case it happened to be cocaine ("Supreme," 2003). He then admitted that the behavior he engaged in
violated workplace rules and he was made to resign ("Supreme," 2003). Two years after the incident, he sought employment in the same firm, and he stated that he is in
recovery and is a member of AA and so forth ("Supreme," 2003). He was denied employment because the organization has a policy of not rehiring people who had engaged in
workplace misconduct in the past ("Supreme," 2003). The respondent filed a claim with the Equal Employment Opportunity Commission (EEOC), suggesting that he was indeed the subject of a discriminatory
practice due to the Americans with Disabilities Act of 1990 (ADA) ("Supreme," 2003). The EEOC did issue a "right-to-sue letter, " and so the respondent did file the ADA action,
and argued that the petitioner rejected his application due to his "drug addiction and/or because he was regarded as being a drug addict" ("Supreme," 2003). Although the employer had
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