A key to analyzing almost any discrimination case is determining whether an employer’s given reason for taking action against an employee is the real reason, or a cover for intentional discrimination

Essay Reference:

New York and New Jersey v Arbitron

Diversity Issue: Minority Discrimination—Portable People Meters

New York and New Jersey sued Arbitron for civil rights violations with its new Portable People Meters (PPMs). PPMs measure radio station program ratings. The states filed the lawsuits because they believed the PPMs were not being distributed to people from traditionally underrepresented groups.

Attorneys general of New York, New Jersey Sue Arbitron over PPM Issues. (2013, February 24). In Target Market News from Radio Ink. Retrieved February 24, 2013, from http://www.targetmarketnews.

Information and Instructions:The managers of today have gone far beyond consideration of workers in terms of single diversity dimensions. Managers deal daily with multiple identities: a worker who is not just older, but who is older and female or the worker who is male and Asian-American and has a visual disability. The judicial system however, still deals only in single dimensions. Discrimination charges and lawsuits are rarely filed in terms of composites; they are filed in terms of age or gender or race or religion or disability or other single dimensions of diversity.

A variety of actual cases and situations are presented here representing a broad spectrum of diversity issues in a wide variety of organizations. Each of the cases and situations outlined below involves ethical as well as legal issues in diversity.

• For your case or situation, consider the ethical implications according to your own ethical framework. What do you personally think should be the outcome or resolution?
• Information on the resolution or current status of most of the cases and situations can be found on the Internet. Were the outcomes and rationales similar to what you thought they should be? Why or why not.

Notes:

• You will be assigned a case at random, and once you open the assignment you will have 180 minutes to develop a well-written response to the analysis questions listed above. I expect your response to be 5-8 paragraphs. You may use external resources to assist in developing your response. Before opening the assignment make sure you are in a quiet space and have sufficient time to devote to developing your response.
• You will be assessed on your ability to articulate that you clearly understand the legal and ethical dilemma in the case and your ability to formulate an analysis of the actual outcomes of the case.
• You may attempt this assignment twice
• Ethical and legal questions arise as to what constitutes discrimination and what an employer’s obligations are when an employee has a disability. Consider the guidance offered below in making your judgments.

LEGAL CONSIDERATIONS

Pretext Analysis. A key to analyzing almost any discrimination case is determining whether an employer’s given reason for taking action against an employee is the real reason, or a cover for intentional discrimination. This is known as a pretext analysis.

Under ADA, employers have the legal obligation to provide reasonable accommodations for workers with disabilities to enable them to perform their jobs. Employers are not required to provide personal accommodations such as hearing aids and wheel chairs.

Employers should be especially vigilant in defining and articulating essential job functions, and documenting the risks associated with an employee’s failure to perform such functions.

Spoilation refers to the destruction, alteration, or withholding of evidence. It results in the courts assessing penalties or even preventing the party from presenting evidence at all because if some of the evidence is “spoiled,” then all of it is suspect.

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