US Equal Employment Opportunity Commission essay case study

US Equal Employment Opportunity Commission essay case study

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Type	Essay
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US Equal Employment Opportunity Commission essay case study

I’m working on a Business Law exercise and need support.

A federal jury in Wisconsin on Friday awarded more than $125 million to a former Walmart employee

with Down syndrome whom the Equal Employment Opportunity Commission (EEOC) claimed was fired

because of her disability, the agency said, though the award is likely to be reduced to $300,000. The

jury found that Walmart failed to provide reasonable accommodation to Spaeth and fired her because

of her disability, in violation of the Americans with Disabilities Act, according to the EEOC. The EEOC’s

complaint in Green Bay court alleged that Walmart in its firing of Spaeth violated the Americans with

Disabilities Act, which prohibits discrimination based on a person’s disability.

 

to accommodate her requests for different hours, even though she faced challenges because of her

 

disability. The complaint also said she struggled to keep up with the new hours, leading to disciplinary

action for absenteeism. Ultimately, the company fired Spaeth, despite her having received positive
performance reviews from managers.
Spaeth worked as a sales associate at a Walmart in Manitowoc, Wisconsin, for about 15 years, and

worked a regular schedule of 12 p.m. to 4 p.m., three or four days per week, according to the EEOC's

complaint. In late 2014, Walmart implemented a computerized scheduling system that changed Spaeth's

hours. Spaeth, whose condition requires her to keep a rigid schedule, informed supervisors that she was

unable to maintain the new schedule. The new hours, for example, changed the time she ate dinner,

which was making her sick, according to the EEOC. Walmart ultimately fired Spaeth, and later refused to

rehire her, the commission alleged. Walmart maintained that Spaeth was terminated after leaving work

early or failing to show up on more than a dozen occasions.

Walmart had moved for summary judgment in 2019, arguing that Spaeth was not qualified for the

position under the ADA. The company also claimed that she could not perform the job even with

 

reasonable accommodation, pointing to the days on which she did not come to work. It also declined to
rehire her, even after her mother and sister tried to intervene and find a solution, the EEOC said.

Respond to the questions below, Answers should be long enough to support, provide justification and
any examples if appropriate.
1. The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing
federal laws that make it illegal to discriminate against a job applicant or an employee because of the

person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation),
national origin, age (40 or older), disability or genetic information. Employers with at least 15 employees
are covered by EEOC laws (20 employees in age discrimination cases). "Employers, no matter how
large, have an obligation under the law to evaluate the individual circumstances of employees with

disabilities when considering requests for reasonable accommodations,” do you agree with this
statement. Why or why not? Are there exceptions?
2. Walmart spokesman Randy Hargrove said the retailer wanted to resolve the matter with Spaeth but
said the EEOC’s demands “were unreasonable. Hargrove said. “We often adjust associate schedules to
meet our customers’ expectations and while Ms. Spaeth’s schedule was adjusted, it remained within the

times she indicated she was available.” Do you consider Walmart's position on the case as value and

just, or just an excuse to justify and cover up the real reason and mistakes in firing Spaeth? Explain your
reasoning?
3. The EEOC exists because a lot of companies have policies and laws in place, they think are fair but

they really are not equal or fair for all employees. An example is removing a person from their job
because they are pregnant and they may move at a slower pace or have physical challenges in their
current condition. Or refusing to pay for an employee who gets hurt on the job's medical expenses if
they are undocumented. Share an example(s) you have witnessed or see of a company's equal practices.

 

If you cannot remember a time when you witnessed this, then research examples from the EEOC
website. Explain the issue, cause, reasons, and results? Include your thoughts and feelings the examples
you chose to discuss and what ways you would have handled the situation differently if you were the
company or the employee?

4. Large companies like Walmart who have lots of lawyers on their payroll fight any allegations brought
on by employees against them. The employee often cannot cover the expense or large legal fees for

the amount of time required to fight and defend themselves against unfair employer treatments.
Small businesses and companies do not have the financial revenue to hire lawyers. These types

of law suits cost companies millions of dollars when they lose. If you were Walmart, what would you
have done differently on the Spaeth case? What are your thoughts as a business on how to eliminate

ongoing issue of Employers Misconduct and Violations such as Sexual Harassment & OSHA a? (Refer to
Unit 7 Lesson 2) What are some solutions and preventions companies can put in place to assure their

employees and leaders are not violating? Discuss examples.

US Equal Employment Opportunity Commission essay case study

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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