Choose a currently controversial employment law issue. “Controversial” in this sense means a law or policy that lacks consensus in the employment world regarding overall propriety, application, cost, liability, etc. Many examples are discussed in the lesson material for this course, but below are a few simple ones. You are not limited to this list, and may choose another issue that satisfies the “controversial” standard if you prefer:
- How should employers address the requirement to subsidize employee health insurance, as the Affordable Care Act requires?
- Should employers be permitted to refuse coverage for contraception in health insurance provisions for religious reasons?
- Should sexual orientation and/or gender identity be explicitly added to the list of federally protected classes?
- Should addictions, obesity, or Attention Deficit Hyperactivity Disorder (ADHD) be classified as disabilities under the Americans with Disabilities Act? (you would choose one condition)
- Should affirmative action be mandatory standard practice in hiring to avoid discrimination, inadvertent or otherwise?
- Should employers’ good faith reasons for criminal and credit checks trump any issues of disparate impact discrimination?
- Should employers be permitted to require access to and control over employees’ social media accounts as a prerequisite of employment?
- Should ‘right to work’ laws be expanded or eliminated?
- Absent a subpoena, should employers be required to show that they are not engaged in gender-based pay discrimination?
- Should the United States follow the lead of other industrialized nations and amend the Family and Medical Leave Act to provide for paid leave?
After you’ve chosen an issue…
1. Research four (4) peer-reviewed academic legal articles discussing the different sides of your issue, and review them in a paper. You may briefly summarize each of the articles, but be sure to focus on your assessment of any particularly strong or weak arguments on either side of the issue. Each article review should be ~250 words. Remember, the articles should be peer-reviewed academic articles; our APUS library will be your best resource for this. If you’re not sure what peer-reviewed articles are, or how to find them, our library can assist with this.
2. Research four (4) actual legal cases dealing with the issue you selected. Once you identify four cases, report on: 1) Who were the parties to the lawsuit? How were they related? 2) What was the nature of the issue in the suit? How is it related to your issue? 3) How was the issue decided, and why? 4) What precedent (if any) did the case set for future litigation? and 5) Did the case leave any questions unanswered with respect to the issue at hand? Each case report should be ~250 words. Case summaries and opinions can be found in our library, and elsewhere online at no cost. Although you may choose any cases you like which are relevant to your issue, it would be prudent to choose cases that are as recent as possible, and of a fairly consequential nature. For this reason, you should choose cases litigated in the federal court system, unless there is a compelling reason for an alternative.
This assignment should at a minimum contain 2,000 words of content (double spaced). Word count does not include headings, cover pages, references, or question text (if you choose to include it in your paper); I am looking for 2,000 words of substance. Your paper should be in APA format including a properly formatted cover page (abstracts are optional) and a reference page with at least eight (8) references (you are reviewing four articles and four cases for this assignment, so a those 8 references should be listed at a minimum). Providing additional references to your assignments demonstrates your desire to conduct additional research on the topic area, and can improve your research skills.