The impact of recent employment-discrimination decisions. A guide for the small business owner
| Published date | 11 April 2016 |
| Pages | 113-120 |
| Date | 11 April 2016 |
| DOI | https://doi.org/10.1108/JEPP-03-2014-0016 |
| Author | Anthony Lamar McMullen |
| Subject Matter | Strategy,Entrepreneurship,Business climate/policy |
The impact of recent
employment-discrimination
decisions
A guide for the small business owner
Anthony Lamar McMullen
Department of Accounting, University of Central Arkansas,
Conway, Arkansas, USA
Abstract
Purpose –The purpose of this paper is to inform small business owners about recent Supreme Court
rulings interpreting Title VII of the Civil Rights Act.
Design/methodology/approach –A review of recent Supreme Court rulings.
Findings –Recent Supreme Court rulings have increased the plaintiff’s burden of proof in
employment-discrimination cases in the USA.
Practical implications –Assuming that Congress does not legislatively overrule these decisions,
business owners (including small business owners) should find it easier to shield themselves from
employment-discrimination claims. However, this change should not be considered license to be less
vigilant when it comes to preventing employment discrimination.
Originality/value –While there have been numerous reports on this law in the legal community, the
primary audience for this piece is the business owner. The author’s goal is to provide a combination of
background information and practical advice, making this valuable to business owners who are not
versed in the law.
Keywords Supreme Court, Employment discrimination, Retaliatory firing, Title VII,
Workplace harassment
Paper type Case study
The small business owner’s guide to recent Title VII decisions
Small business owners should always be mindful of how changes in the law will
affect their business. In 2013, Supreme Court cases involving the rights of
same-sex couples received the most attention. That same week, however, the court
also handed down pronouncements interpreting Title VII of the Civil Rights
Act of 1964, which governs employment-discrimination law. In University of
Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517 (2013), the court
outlined the proof necessary for someone alleging a retaliatory firing. That same day,
it issued an opinion in Vance v. Ball State University, 133 S. Ct. 2434 (2013), where it
narrowed the definition of who could be deemed a “supervisor”for the purposes of
determining an employer’s liability for creating or allowing a hostile work
environment. Both cases involved large employers, but these decisions have
the potential to affect employers large and small. This paper presents a pair of
hypothetical lawsuits and discusses how a court would resolve those lawsuits in
light of these recent cases. It will also explain how small businesses will be
affected by the decisions as well as reasons why small business owners should
remain vigilant in combating workplace discrimination, despite the employer-friendly
nature of these cases.
Journal of Entrepreneurship and
Public Policy
Vol. 5 No. 1, 2016
pp. 113-120
©Emerald Group Publis hing Limited
2045-2101
DOI 10.1108/JEPP-03-2014-0016
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/2045-2101.htm
113
Employment-
discrimination
decisions
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