I need a 4 page case Analysis on the
paragraph below. This is a Human Resource Management class I need this in. I
will upload the direction for the Analysis . It must be in APA format . Please
follow the direction please do not copy other people work. Must cited
information do whatever in the information I’m going to upload.This is the paragraph you have to do the
Analysis on below :Xu, LLC is an accounting firm with 33
employees and 4 independent contractors. All of the employees and independent
contractors are of Asian descent. Xu wants to hire one accountant and one
computer programmer for a project. It intends to hire an employee to fill the
position of full-time accountant. It intends to hire an independent contractor
for the programming project. Jones, a white male applies for the programmer
project. Smith, a black male, applies for the accounting position. Neither
Jones nor Smith is hired. Both learn that Xu, not only has a history of only hiring
Asians, but that it, indeed, hired Asians for the accountant and independent
contractor positions.
case_answer_format_and_tips.docx
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Case Answer Format and Tips
The minimum page length for your submission is four pages for the analysis and
management tips combined, and the submission may not exceed six pages. A oneinch margin on all sides is to be used, and double spacing should be used for all lines
except where block quotes dictate otherwise per APA. I don’t grade on volume, but I
do grade on thoroughness. Examining a case from the plaintiff’s perspective and then
from the defendant’s perspective can demonstrate your understanding of the issues and
how the law applies based on assumptions from each side. I am not seeking and do
not want a recount of the case presented. I am looking for you to demonstrate your
understanding of the legal concepts by applying them to the information provided.
Assumptions must be made due to the limited information given, but you should state
your assumptions in the analysis.
Using outside cases is a great way to bolster your analysis and must be done for each
case being analyzed. By researching similar cases and incorporating them into your
analysis, you provide substantial support for your arguments. When including outside
cases, you need to provide a brief overview of the case as well as the ruling and tie it
back to the case you are analyzing. If you have a harassment case, you should locate
a couple of similar cases and report information from them. You would then state that
based on those cases, you can conclude that this case would most likely result in a
similar ruling and tell what that might be. You must use the actual cases and not
articles written about cases. Westlaw in the University’s online library databases is a
great source for federal cases.
For management tips, I’m look for you to provide a narrative of how you would deal
with the issue presented and prevent similar issues in the future. You can use outside
sources for advice on dealing with similar issues.
Citing published sources gives credibility to your recommendations and is a
requirement. This is not about your opinion but is about applying facts learned
through your research.
Postings to discussion board questions and lesson cases should use the following
format and thoroughness:
Analysis – present the legal arguments related to the question. This should be very
thorough. Make sure to include the analysis elements listed below as well as citations
for the legal concepts used.
Management tips – provide management with advice on how to correct the current
situation and/or how to prevent such a situation in the future. Well developed
recommendations with specificity should be provided.
References – at least two per answer other than your book. Wikipedia and my class
notes are not acceptable references. Please refer to the APA Manual for assistance. A
link to APA information may be found under Learning Resources.
Please clearly label each section.
Analysis Elements
Is the organization private or public?
If private employment, at will applies…unless there is an implied contact such as a
policy, a company handbook, written agreement or verbal agreement (must provide
witnesses/proof that it existed); if public then due process applies and the person has
the right to appeal the decision
What law or laws might apply (e.g., Civil Rights Act of 1866, ADA, FMLA, Torts,
etc., — in some cases more than one law will apply)
Is there a minimum number of employees required by the law(s)? For Civil Rights Act
it is least 15 employees for private employers
Does a statute of limitations apply for this law or laws? For the Civil Rights act it is
180 days
What type of discrimination is taking place? Intentional/Disparate treatment, mixed
motive, or adverse impact-What is the evidence to support it? If evidence for more
than one, which would be best to file under? Explain in detail using the burdens of
proof analysis.
What questions or information do you need to know to decide the case one way or
another?
Legal Concepts to Consider
DISPARATE TREATMENT
Prima facie case
Legitimate reason/Bona Fide Occupational Qualification (BFOQ) for action/same
actor defense/slap in the face qualifications defense;
Pretext/bias comments/unequal treatment(Similarly situated; by same decision makerif not may not count); lying; pretext plus; significantly better qualifications; timing of
adverse action
DISPARATE IMPACT
Adverse impact calculated by job; isolate practice
Firm shows business necessity, job relatedness or manifest relationship
A less discriminatory alternative does exist
Mixed Motive
Discriminatory motives played role in the decision however minor
Employer must show would have made the same decision anyway absence the
discriminatory element
Charging party must them refute the evidence and show pretext; this may be shown by
circumstantial evidence
…
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