The document discusses preventing discrimination in the workplace and adherence to Title VII of the Civil Rights Act. It provides an overview of employment discrimination laws prior to and after the passing of Title VII in 1964. Title VII protects employees from unfair treatment based on race, color, religion, sex, national origin, age, disability, genetic information, or veteran status. As a nursing leader, you must ensure your organization complies with anti-discrimination laws. The document prompts reviewing these laws and reflecting on strategies to prevent discrimination.
1. Discussion:
Preventing Discrimination in the Workplace
Consider your rights as an employee or job applicant. What do
you know about the laws that prevent unfair treatment and
discriminatory practices in the workplace?
Prior to 1964, employees and job applicants had few rights.
Many employers used skin color, religion, or gender as a sole
basis to hire or fire employees. Title VII of the 1964 Civil
Rights Act aimed to protect employees from the prejudices of
employers. In fact, after its passing it became the core
foundation of workplace discrimination law because it protected
five categories, or “classes,” of citizens from unfair
employment practices. As time progressed, legislators
supplemented Title VII with more anti-discrimination acts and
policies. Today, employees or applicants who feel discriminated
against due to race, color, religion, gender, national origin, age,
disability, pregnancy, veteran status, or genetics can seek
grounds for legal representation.
As a leader in the nursing field, you must take all necessary
precautions to ensure that you and your unit, department, and/or
organization adhere to the laws outlined and associated with
Title VII of the Civil Rights Act.
To prepare
Review Chapter 3, “The Legal Environment and Diversity
Management,” in the course text, Human Resource
Management: Functions, Applications, & Skill Development.
Examine how Title VII protects classes of employees across all
organizations and professions.
Review this week’s media, “Legal Issues,” and the laws that
address employment discrimination.
Conduct research to learn more about applicable laws and
regulations pertaining to the protected class assigned by your
2. Instructor.
Select one of the following options:
Option 1: Conduct research via the Walden Library and other
scholarly sites (such as the ones listed below) to locate an
authentic discrimination case involving the protected class that
you were assigned.
Option 2: Recall an instance of discrimination you have
personally experienced or witnessed related to your assigned
protected class. Consider the events leading up to and the
resolution of this instance.
Note: The case/instance that you choose for this Discussion may
be from an organization in any field (not just health care) and
must have occurred within the last 10 years.
Once you have selected your option and case/instance, reflect
upon the following questions:
What legal issues (i.e., Title VII and other applicable laws)
were relevant to this case or instance?
What strategies would you propose to prevent a similar situation
from occurring in your unit, department, or organization?
Websites
Cornell University Law School. (n.d.). Legal Information
Institute. Retrieved September 21, 2012 from
http://www.law.cornell.edu/supct/search/
Search for recent Supreme Court decisions on employment
discrimination. Enter your assigned Title VII protected class
into the search bar to access court cases by topic.
Equal Employment Advisory Council. (2012). Amicus activity.
Retrieved from http://www.eeac.org/web/amicus/index.asp
Use the categorized hyperlinks to access court cases by issue,
area, court, or year.
U.S. Department of Labor. (n.d.). Search results. Retrieved
September 21, 2012 from
3. http://webapps.dol.gov/search/?search/Search.aspx
To find recent employment discrimination decisions, include in
your search terms the type of discrimination or the employment
law and the word(s) “decisions” or “case decisions” (e.g.,
“racial discrimination decisions,” “gender discrimination
decisions,” “American Disability Act (ADA) case decisions,”
“Family and Medical Leave Act (FMLA) case decisions,” etc.)
Note: Before you submit your initial post, replace the subject
line (“Week 2 Discussion”) with the protected class you were
assigned and the case or instance you selected, for example,
“Protected Class: Case”.
Post a brief summary of the discrimination case/instance you
selected and how the events impacted the individual(s) and/or
the work environment. Describe the key legal issues involved
and explain how Title VII legislation applied. Discuss at least
one strategy you would employ in an effort to mitigate this type
of discrimination from occurring in your unit, department, or
organization. Include the APA reference and a hyperlink to your
case example (if applicable).
Read a selection of your colleagues’ responses.
Respond to at least two of your colleagues on two different days
using one or more of the following approaches:
Provide an additional strategy that could help your colleague
mitigate discrimination issues in his or her health care setting.
Share an insight from having read your colleague’s posting,
synthesizing the information to provide new perspectives.
Validate an idea with your own experience and additio
nal research.
Required Readings
4. Lussier, R. N., & Hendon, J. R. (2016). Human resource
management: Functions, applications, & skill development (2nd
ed.). Thousand Oaks, CA: Sage Publications.
Chapter 3, “The Legal Environment and Diversity Management”
(pp. 78–117)
Chapter 3 provides an in-depth overview of the laws that
mandate equal employment opportunities in the workplace. The
authors define discrimination and sexual harassment and explain
how knowledgeable managers can detect and mitigate these
behaviors in their workplaces.
Cogin, J., & Fish, A. (2009). Sexual harassment – A touchy
subject for nurses. Journal of Health Organization and
Management, 23(4), 442–462.
Retrieved from the Walden Library databases.
This article describes a mixed-methods research study that was
conducted to analyze the prevalence of sexual harassment in
clinical settings. Findings indicated that patients and physicians
are the primary instigators of sexual harassment. The article
highlights ethical decision making and intervention techniques.
MacKusick, C. I., & Minick, P. (2010). Why are nurses leaving?
Findings from an initial qualitative study on nursing attrition.
Medsurg Nursing, 19(6), 335–340.
Retrieved from the Walden Library databases.
For this study, the researchers interviewed nurses who decided
to leave the profession after only a few years of service. Study
participants commonly cited one or more of the following
reasons for leaving: unfriendly workplace (i.e., bullying and/or
sexual harassment), emotional distress, and fatigue and
exhaustion. Participants shared authentic examples and feelings
about each factor.
Vessey, J. A., DeMarco, R., & DiFazio, R. (2010). Bullying,
harassment, and horizontal violence in the nursing workforce:
5. The state of the science. Annual Review of Nursing Research,
28, 133–157.
Retrieved from the Walden Library databases.
Over the years, bullying, harassment, and horizontal violence
(BHHV) among nurses has increased in health care settings. The
authors of this article illustrate BHHV situations and solutions
through the use of models and authentic examples.
Required Media
Laureate Education, Inc. (Executive Producer). (2012). Legal
issues. Baltimore, MD: Author.
Note: The approximate length of this media piece is 16 minutes.
This week’s presenters explain how they use employment law to
ensure legality of procedures that are used in their health care
settings. The media piece highlights discussion of anti-
discrimination legislation and the hiring process.
Accessible player
Optional Resources
Cornell University Law School. (n.d.). Legal Information
Institute. Retrieved September 21, 2012 from
http://www.law.cornell.edu/supct/search/
Search for recent Supreme Court decisions on employment
discrimination. Enter your assigned Title VII protected class
into the search bar to access court cases by topic.
Equal Employment Advisory Council. (2012). Amicus activity.
Retrieved from http://www.eeac.org/web/amicus/index.asp
Use the categorized hyperlinks to access court cases by issue,
area, court, or year.
U.S. Department of Labor. (n.d.). Search results. Retrieved
September 21, 2012 from
6. http://webapps.dol.gov/search/?search/Search.aspx
To find recent employment discrimination decisions, include in
your search terms the type of discrimination or the employment
law and the word(s) “decisions” or “case decisions” (e.g.,
“racial discrimination decisions,” “gender discrimination
decisions,” “American Disability Act (ADA) case decisions,”
“Family and Medical Leave Act (FMLA) case decisions,” etc.)
U.S. Equal Employment Opportunity Commission. (2012).
Retrieved from http://www.eeoc.gov/