Law 4

Quetion 1:

Most  laws  banning  discrimination  are  “federal”  laws,  meaning  they  originated  in  the  US

Congress (statutory law) or federal courts (common law). Title VII, the ADEA, the PDA, etc.,

are all “federal” laws. But, federal laws don’t provide all the protections against discrimination

that we enjoy today. Naturally, “state” law provides additional protections not covered by federal

law.  Research this topic and identify,  in your own words,  what additional protected

classifications are covered by various state laws. Make sure to pay special attention to Nevada. In

your paper,  I  want you to offer an explanation of why federal law doesn’t cover all the

protected classifications that exist.  For example,  why wouldn’t  Congress pass a  federal law

that prohibits discrimination against married people? Some states do. Why are some protected

classifications left to the states?


Question 2:

If a person wishes to sue an employer for discrimination in violation of Title VII, she or he must

first give the EEOC a chance to resolve the dispute. First, what is the EEOC? What does the

EEOC do? Where does the EEOC get its power? Second, the process that the EEOC engages in

with an employer is known as “conciliation.” Research that term and in your own words describe

what happens during conciliation. Finally, no person may sue under Title VII unless the EEOC

first gives them a “right to sue letter.” How does that process work? Are there any important

deadlines associated with a right to sue letter?


Question 3

Sometimes an employer argues that its treatment of an applicant or employee is not

discrimination, but merely compliance with a “facially neutral” employment policy. Research

that term and tell me in your own words, what a “facially neutral” employment policy is (it has

nothing to do with a person’s face). Find a case where a court discussed a “facially neutral”

policy and tell me what occurred in that case.

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