I know being informed about the law and how it pertains to us is very important as future teachers; however, I was not totally excited to crack open this book. Legal terms are lost on me, and if I was truly excited about this topic- I would have become a better paid lawyer. That being said, this ‘pocket guide’ provided me with the crucial interpretations of the law as it pertains to me, and my future profession. I thought the information in chapter 9, over discrimination, was very informative. As I was reading through this chapter I realized my high school civics teacher did a wonderful job covering this material, however I did learn one thing I didn’t know. I thought that homosexuals were afforded equal protection under title XII. I was actually fairly astonished by that considering some states are now allowing same sex marriages. I guess that Title XII may grant these protections once the federal government recognizes these unions? I also found it interesting that the harassed party must inform to perpetrator that they do not want or enjoy the conduct of the perpetrator in a sexual harassment claim. I would think that it most instances it would be pretty obvious that these actions were unwelcomed, however- I guess for transparencies’ sake, it is good to make certain there are no misunderstandings. I think that chapter nine did a pretty complete job of informing us of our rights, obligations, and duties when it come to discrimination and sexual harassment.
Discrimination in the workplace is a real problem that faces use as well as our employers. Although I was not looking forward to reading this chapter I found that the part that was interesting to me were the dates that many of these laws were put into place. My thoughts were on how recent we have adopted many of these laws. For example the Pregnancy Discrimination Act was passed in 1978, which is only a few years after I was born. What did women do when their employers fired them or would not hire them in the first place because they were pregnant? Even more surprising to me is the Family and Medical Leave Act was only passed in 1993. We have made great strides in the progress of treating all people equally in this country. I found the tips page to be informative and helpful for anyone that may be faced with providing the proof one needs to make a case for themselves legally. The biggest tip would be documentation. Keeping accurate records of events in question is vital to the success of any case brought to court. Contrary to what I had first thought, this book just may be useful in the future.
In response to Jena S, You are right, it is really interesting to look at the dates that these laws were adopted. It is fairly surprising to see how recent some of them were enacted. I think the workplace has become much fairer in recent years. I agree that the information about documentation was very useful, it is true that keeping accurate records of misconduct and communications is very key to reporting or making a case of misconduct. I enjoyed seeing your thoughts.
When reading Chapter 9 in the law module book there were many different things that I found interesting about discrimination in employment. For one thing I was not aware that if you were filing a complaint about discrimination that you had to file it within 180 days following the employment practices. I also found it interesting that the discriminatory employment practices were not put into place in educational institutions until 1972 which I would consider to be later then I would have thought. I also learned that in regard to sexual harassment that the person being harassed has the obligation to inform the other party that the behavior is unwanted or unwelcome and if the person doesn’t stop then the charges will possibly be put into place.
In response to Jena Simms I totally agree with you Jena that I was surprised as well with the dates that these laws were put into place. I also can’t believe that we didn’t adopt these laws sooner and I am surprised by how late so of the discrimination laws were adopted. I also found the practical tips page to be very helpful for me as a future teacher as well. I liked the practical dos and don’ts and found it to be a quick reference for me as a summary of the whole chapter when I need to refer back to the book later on in my teaching career. Lastly I agree that documentation is very important and will definitely be needed if a person has to go to court to prove their case.
I like law in some ways but this chapter wasn’t probably the most exciting aspect of law but very informational. I have always heard of discrimination and harassment among some businesses but have to see or experience any of this myself. I do however agree that there needs to be stipulations to protect individuals. I don’t feel it’s right that a person may not get hired or declined due to physical appearance, race, religion or age. This was truthfully the first time I had heard about age. I guess I have never really thought about age before but I am sure it happens. I remember when GM when under and all that car business was going on. I thought I was horrible that so many older people who were so close to retirement were being let go. I was really surprised when I read about the pregnancy act. I didn’t realize that schools handled pregnancy like that. Chapter nine had a lot of useful information. I like knowing how I am protected and what to do in specific situations.
Wouldn’t you think that most harassment would be a noticeable action that wasn’t welcome? I like you post about that but then I think to myself about the different types of male figures out there that can’t take a hint. It reminds of high school when you could tell them no to just about anything but some were never ending just for the fun of it. In a work environment there might be situations where you were very intimidated by the offender and had a hard time making yourself clear. In all fairness the person needs a warning before being charged with sexual harassment. They might not understand that the simple work “cutie” is offensive to you.
Discrimination is one of those topics that will never go away as far as I'm concerned. It's not something I'm particularly happy about but it's just something that we all have to live with and deal with to the best of your abilities. My golden rule is to treat others the way I want to be treated, and for the most part that has helped me out a lot through my short life. The one section that really stood out to me was the Practical Tips section at the end. Those will be extremely useful because they cover what to do and what not to do. As a future teacher those are extremely important tips to know.
Jena Simms As for most of the discrimination laws I wasn't overly surprised at some of the dates. The ones that did surprise me though were the dates of the laws having to do with pregnancy and medical leave. I thought those would have been in place a long time ago instead of just in the last 30 years or so. Especially since most teachers were female the farther back you go.
Even though I honestly have no interest in law, I think that it is a good thing that we as future educators have to learn about school laws are and what rights teachers/students have. I found chapter 9 to be easy to read and very informative. The information given in this chapter was regarding discrimination in employment. There is so much of this that actually goes on behind the scenes and it is good to know what is okay and what is not acceptable. I found the laws against discrimination to be very interesting regarding age, pregnancy, family emergencies, racial, and religion. I was particularly interested in the information on sexual harassment. I think it happens a lot more than we might think that it does. It’s sad, but you hear about it happening between teachers and students as well. I think that student’s need to know what their rights are as well. Years ago, my older brother’s 5th grade teacher was fired during the school year because she would take turns calling students up to her desk to rub her feet while she read out loud to the class. If not properly informed, some student’s might not see the problem with this but clearly it is a huge problem!
Lane- I agree with you that discrimination will probably never go away completely. The most we can do is treat others the way we want to be treated and to treat our students to do the same. We need to not only teach it but to enforce it.
Chapter nine discussed discrimination in employment and I thought some parts were rather interesting. As I was reading through the chapter, I kept asking myself: How does one really know if they are being turned down for a job because of their interview and not their race, religion, or sex? The chapter told of a court case about this. The school hired a “young white woman” instead of the 57 year-old black woman. The school board said they based the interview on standards and the white woman had better scores. But how does the court really know that is the reason? Also, I hear all the time that men have a better chance of being hired as an elementary school teacher because he is a man, or that a black man or woman has a better chance because they are black. I know some businesses must keep a certain ratio of different races and ethnic groups in order to not have discriminatory employment. Is this the same for schools?
In reply to Lane: I agree with you, Lane. We need to respect each child and their individuality. We should always treat others the way we would want to be treated. I have always loved that saying and will have it posted in my future classroom!
Unlike other people, school law fascinates me. The law module blogs are actually exciting to me, because I learn what can and can’t happen. This chapter deals with discrimination. To me, most of it makes since, but that is only because I haven’t seen or experienced anything different. I can only imagine the discrimination that happened to females and other races in the 50s and 60s. These laws are in place today because of these acts. One fact that I thought was interesting in this chapter is that it is hard to prove discrimination in the courts, because the plaintiff has to have objective proof of it. It seems that the system is set up to protect employers, rather than protecting potential employees. I can only assume that if it was reversed, many employers with be sued with fraudulent claims.
In response to DeidreJ- I thought that that case was pretty interesting. I kept asking myself if it was because the woman was black, or if she was older that she was turned down for the job. As I said in my post, it’s difficult for the plaintiff to prove discrimination. I have also heard that men are more likely to be hired in an elementary school. I don’t necessarily think that men are favored, but I can see where one might think that. There are fewer male applicants than female applicants. If a man and a woman applied for a spot in an elementary school, it should be based on the credentials of the applicant.
Reading this chapter on discrimination really made me appreciate the morals and ethics I was raised on. So many of this laws would never even cross my mind and yet I am having to read up on them to make sure I am informed and educated as I prepare to enter the education career field. This degree in education will be my second degree. I have a degree already in business and have been working the last 6.5 years in sales. I feel the experiences and opportunities I have had over the last 6.5 years have helped me to mature and grow as a person. So many of these scenarios I believe I take for granted. Our rights to justice and to be treated equal. I think I am somewhat naïve when it comes to this controversial topic. I see it in the news but I have a hard time thinking that it will ever happen to me. Reading this chapter make me realize just how important it is to be educated on discrimination and to be prepared. On a side note the last little paragraph about sexual harassment of students by school personnel just makes me absolutely sick!
@DeidreJ You bring up some really great points. How do you know – I don’t think you really can. The text mentioned that you would have to have some hard evidence to win a case and I have no idea how you would go about getting evidence to support your case. It really becomes a he said she said kind of deal. How do you really know who would be the better teacher based off scores or interviews? I have also heard that men tend to get hired over women in the elementary field due to the lack of men in the schools. I think it is important to have good teachers, regardless of the sex or ethnicity. You bring up a great point of discussion, of which unfortunately I don’t think we will ever find the answers.
Lacey Keller Chapter 9 of Essex provided great detail of discrimination in the workplace. "Individuals cannot be discriminated against because of race, color, religion, sex, or national origin, or to classify or refer to employment any individual on the basis of his race, color, religion, sex or national origin." (Essex p. 127). In 1974, the law was extended to cover those individuals with disabilities. This subject is so touchy, and I am happy to have lawyers who can interpret the meaning of all this.
I have a real passion for ADA in education. As a future teacher, I have the understanding that all students can be educated. I have a sister who was in a motor vehicle accident when she was a sophomore in high school. She has never regained use of her (once then) dominant right arm. When applying to nursing school, she was denied because of her disability. This furiates me because she has been a health unit coordinator for a large hospital for many years and has proven to work circles around those who have two working arms. However, the college denied her and won because of an undue hardship. Moral or not, the college won and my sister was denied an education because of her disability.
Shawna, The paragraph regarding sexual harassment of a student is quite disturbing. We have all heard of the teaching professional who engages in this behavior. I'm just glad we have laws to protect our students. Students are not our friends and we need to keep a professional relationship with them.
There are so many different types of discrimination. Personally, I think if we all think about Chapter 9 we have all been discriminated against one way or another. Therefore, as teachers we should be more aware of our behaviors towards others. The part of the chapter that really stuck out to me was the racial discrimination. I live in a rural area and I truly believe that some people are ignorant enough not to even realize they are discriminating against someone because of their color. I went to college at Oklahoma State University and lived in campus housing. I lived among people from just about every different type of background. This was one of the best experiences I could of had. I remind my children of what Dr. Martin Luther King Jr. said, "that a person should not be judged by the color of their skin, but rather their character". Discrimination whether sexual, racial, religious etc needs to stop. Treating someone respectfully, does not mean you have to agree with their beliefs. We need to remember how we want to be treated.
To Lacy: I am so shocked that the college won their claim. Shame on that university for the way they have treated your sister. I hope she will continue to fight for her dream and that you will be her biggest cheerleader.
To Shawna W: This is my second degree as well. I have worked many different jobs over the years. Personally, I love this law hand book because law is of interest to me. If I was not in education I would attend law school. Looking back at my younger years I feel like I have been discriminated against in certain situations. It is just interesting how there can be such a fine line as to what constitutes discrimination.
Chapter 9 has great information about the laws of hiring in education and how know matter what a person cannot be discriminated against. One thing that I learned while reading this chapter was that a school could be in a big lawsuit if they are not accessible to students with special needs. Each student and teacher should have the same opportunity as any other student or teacher. One other part of this book that was interesting to me was the pregnancy policies. A teacher cannot be deemed physically unable just because they are pregnant. I have actually seen a position hiring paper from way back in the day, on the paper it said. If you become pregnant you will lose your job within 50 days of the pregnancy beginning without pay. I thought this was crazy. I know now that you are safe if you are pregnant and teaching. Sexual harassment is a huge part of chapter 9. Which it should be. It is a serious crime and I now know what is permissible and what is not. Being a young teacher that is extremely important. I loved all of chapter 10 and the explanations of the freedoms of teachers. I’m sure many teachers have never read this and do not even know their rights to the T. I think they are important and I will be able to know what I can and cannot do as a teacher. One thing in chapter 11 that I have a question about is combining schools. I know that many schools in Kansas are combining. Is it okay for teachers’ tenure to be terminated when schools are combined? Is this up to the superintendent or the state?
I actually did take note that the laws do protect the employers. This is a huge disadvantage when looking for employment, but once you have employment a huge advantage. So I guess you could look at it both ways. It is kind of crazy how hard it is to file for discrimination. It is actually easy to come up with reasons not to hire somebody even if the real reason is discrimination.
Chapter 9 discussed all types of discrimination in the workplace. One thing that I found interesting is that districts used to have cut-off dates where they required pregnant teachers to leave their positions. As if they were unable to do their job because they were pregnant. Some women also weren't allowed to return to their job until after a semester ended. This all changed after the Pregnancy Discrimination Act of 1979. This chapter also discussed sexual, racial, religious, disabilities, and age discrimination. Along with the Family and Medical Leave Act and sexual harassment. I feel like all of this information is important in the world we live in today. You always have to protect yourself and be aware of the law.
Wow, I cannot believe what you said about pregnant woman being fired after 50 days of announcing they are pregnant. That is shocking. With my first child, I worked the day I went into labor. I was still able to do my job. I'm actually pregnant now, and a little worried it might put me behind other candidates when I apply for teaching positions next spring. I really hope it doesn't because I am ready to teach next fall!
I actually love reading this book. I should probably be a lawyer, but I think that would take more schooling, all of which I'm unwilling to do.
The whole discrimination thing in employment seems to be common sense to me. I think the most interesting thing I read was about the sexual harassment in the work place. Before I knew what sexual harassment was, but I didn't know that there were different types. The two types were quid pro quo and non-quid pro quo. I didn't realize until reading about discrimination how much sexual harassment in the workplace could differ based on the work environment and the people working.
I feel like racial discrimination would take place more frequently in rural areas. I'm so glad that you remind your children often not to judge based on race, religion, etc. I was fortunate enough to grow up moving all over the place. I think the place I learned most was Ann Arbor, Michigan - a diverse college town. There were so many different people, and each person (or group of people) you could learn a lot from. It makes me a lot more aware (and sensitive) of people of other races, religions, etc.
The book “A Teacher’s Pocket Guide to School Law 2nd Edition by Nathan L. Essex gives the reader inside to different laws that are made to protect individuals. Chapter nine of Essex’s book talks about the laws of discrimination. This chapter of the book gave me new interesting knowledge, made me reflect on my own life and made me ask questions. Something that I found interesting in this chapter was when Essex’s book stated that “To succeed under Title VII, a plaintiff must demonstrate that the employer’s reason for the challenged employment decision is false and that the actual reason is discrimination. This burden is often difficult to prove, because there are very few instances in which plaintiffs have objective evidence of proof of discrimination” (Essex, 128). This statement made me ask the question; how would you prove if that an employer was discriminating against a person? I would think that the employer would have to say something to the prospective employer or something to that effect for there to be proof. Another piece of information that I didn’t know before was the statement from Essex book that “An individual claiming discrimination under Title VII must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days following the alleged unlawful employment practice or within 300 days if the individual has filed a claim with a local or state civil rights agency”(Essex, 127). This seems like a long time period to me but people must need this much time to try and figure out the employers intentions. After reading this part in the book I also have to ask the question; days from when? Does this mean the interview? Reading this chapter of Essex’s book made me think about if I had ever felt discriminated. I myself do feel at times that I have been discriminated because of my age and the way I look. I look younger that I am and feel that people do not accept my views or options because of that. At times when I am substituting and work with assistant teachers I feel as if they do not think that I am knowledgeable in the education field because I am younger than them, but really age does not have anything to do with it. References: Essex, N. L. (2011). Teacher’s Pocket Guide to School Law (2nd ed.). Boston, MA: Pearson.
Elizabeth, I too found the pregnancy discrimination part of Essex book interesting. It seems like teachers are pregnant all the time. In the old district that I worked at there seemed like there was a teacher pregnant at any given time (this might not have been so but might as well have been). The laws in this book are a little confusing to me and I had to read that section a few times because I did not know that teachers were required to leave their positions because they were pregnant. I thought that was just unbelievable. I am glad that they fixed that law because just like it said in Essex book "Pregnancy must be treated as a temporary condition, thus entitling female employees to the same provisions of disability benefits, sick leave, and insurance coverage as any other employee who has a temporary disability"(Essex, 135). References: Essex, N. L. (2011). Teacher’s Pocket Guide to School Law (2nd ed.). Boston, MA: Pearson.
Kristle C Oh, My, Goodness! Your brother had a 5th grade teacher who had kids rub her feet while she read out loud??!! Oh, My, Goodness. How in the world do these people in a position of trust and authority decide they can do this to others? As a child, I would have gotten so grossed out about it, I would have told my mom the first day!
I think there are many, many people who just do not care or think they won't get caught so they cross the boundaries of decency and discrimination for their own personal agenda. I tell people this the whole time. The best advice I was ever given when I got into teaching was to remember - someone loves that child. That phrase, to me, covers everything from verbal abuse, to special treatment (the parents want the child to learn not be passed on with out the knowledge) to sexual harassment and discrimination from personal dislike to intense prejudice.
Discrimination is a horrible thing to go through because you have no control over the reason for the discrimination. I have been discriminated against because I am a woman: (If it were possible, men could have babies better and faster than women for the simple reason that they are men) and White:(I was jumped in a bathroom because I was white, I was given a 'sampler' cup of coffee when I asked for a large. And was charged twice the price of a normal large coffee to go.I was also threatened with bodily harm by a HUGE African American if I did not 'pay the lady and leave immediately')
Hans Christian Anderson told a story that I loved in my youth. It was called "The boy with the Green Hair" and it was about prejudice.
Life is too short to make judgements on people because of exterior or interior differences.
These chapters didn’t seem to grab my attention, I know that these are important laws but we are teachers and need to know what we can and can’t do. In a nut shell this chapter is saying that as a employer you can’t hire someone that has different beliefs, sex, color, origin, and race than you. I thought that the guides and tips will be helpful in the future. Documentation is becoming more and more important. I think I may refer to this book more than I thought.
To Jeanette: I agree with you 100%, we as teachers need to be aware of our behaviors towards others. I grew up in a very rural community and I know at first when we had an African American girl in our class, I remember asking why she was different from me to my mom. Now that I have been in college a few years I don’t notice it and I agree with you that discrimination does need to stop.
I love this law book and I have used it in previous classes! I think it is super important for us to know our rights. I like others found the pregnancy act of 1979 to be very interesting. As I get into my future classroom I have always worried about when I could start my family. This chapter also did a great job about educating us on the rules and laws about discrimination and sexual harassment. I thought most of the sexual harassment information was pretty much common sense, however some people lack that I guess! @ Lacy Keller I agree. We all know some “professional” educators or have heard of some of these horrific stories. I am so glad that we have something in place to protect everyone involved!
I agree it is a good book, and is not just well written but written so that it can be easily understood. Certainly when it comes to education the pregnancy act is important, given the percentage of females in elementary education.
This chapter is on discrimination, and covers most types of discrimination. Its treatment of the area is a bit on the quick and basic side, but it is accurate. If you have any real concerns or want to know more there are certainly places you can find that information.
The one difficult thing is that there are so few lawyers who have experience in school law.
As a former lawyer I will say that this chapter is well done, as far as it goes and is certainly worthy of our time.
Sexual discrimination is the one most likely to get any one of us in trouble, so be careful.
Deidre: I think that there are fewer men in teaching. I know that male teachers can often be good role models for students, especially those who do not have a male who is involved in their lives. It would be interesting to see the number of male and female teacher education students. I think we would see that there are males, but the majority is females. At my sons’ elementary school, there are three sections of each grade (K-4). There are two male teachers; one is 1st grade and the other is 3rd. Additionally, the music teacher is male. The remaining teachers are females.
Another example I have seen is with the fire department that my husband works. In the past, they have advertised for applicants. The advertisement had a statement directed toward females and minorities, asking them to apply. When my husband got hired 6 years ago, he was 42 years old. He often joked that he couldn’t believe that they hired a middle-aged, white man for the job. Most of the other new recruits were 10 to 20 years younger than him.
Law Modules Chapter 9- If I am being honest I was a little surprised to see this book on the list of textbooks I would need simply because of the title. However, after beginning to read it I am astonished that books like these are not required to be read in all places of employment. There was so much important information on Discrimination in this chapter. Sexual Harassment seems to be an issue that continues to grow and grow as time goes on. I found it very interesting that in these types of situations the “victim” is required to let the “offender” know that their actions are bothersome. I know that in most of these cases both parties are aware when the actions are unwanted, and for someone as shy as I am it may be a little unnerving to approach this matter.
Chapter 9 in the school law book was very informative. I do not like dealing with the law nor do I understand a lot of the terminology, but this book broke it down so I could know what it was talking about. Basically discrimination in employment is prohibited on the basis of sex, race, age, color, or religion. It talks about laws, acts and what to do if you feel like you were discriminated against in the school. Being a pregnant teacher is protected by the Pregnancy Discrimination Act of 1978. At the end of the chapter it list tips of discrimination of which I liked so I know what to look for and what I could do in the school.
After reading this chapter, I realized just how important it is to have a knowledge of discrimination. You can get into big trouble if you're not careful. This is especially true in the classroom. It's basically common sense though. Most people these days know what and what not to say. It's just so important not to discriminate someone because of their race, gender, religious beliefs, etc. If you avoid these things, you'll be just fine.
In response to Jeremiah Gramkow... I also agree this chapter was quick and obviously couldn't cover all information fully. But it did provide a good start of information and made me personally aware of what I am doing at all times and what is going on around me.
I agree that discrimination is horrible because it is based on who you are, what your religion is, or what things you are interested in. It is too bad that it has to be like that but it is reality and we need to be careful of what we do or say or where we even go.
Lane A I agree, discrimination will more than likely never go away. It's just something that we all have to be very careful about. I like your golden rule, I think that's how everyone should act. I felt the practical tips at the end were very helpful too. We, as future teachers, really need to have a firm grasp about what you can and can't say.
Lindsey: I know that when my mom found out she was pregnant with me (1964), her employer let her go. They didn't say it was because she was pregnant, but that is what she believed was the reason. I am not sure how far into the pregnancy she was.
As a non-traditional student, the portion about age discrimination was of particular interest to me. I will be 47 in December and I still have about two years to go until I anticipate graduating. Therefore, I will be nearly 50 years old when I am ready to re-enter the workforce after raising my children. I am hopeful that school districts will not adversely consider my age when I am applying for a teaching position. My husband is a firefighter and he will retire at the age of 60, which is the departments required retirement age. This was noted in the book. I think this book covers the information in a concise and to the point manner. It will prove to be a valuable reference.
Discrimination in the workplace still seems to be a problem. It is not near as bad as it used to be. I think there are some workplaces that still can be considered discriminatory based on your personal factors in life. Like the school district near my town is known for not hiring people because of bad experiences with other people in town. I think that is discriminatory. They hold grudges. I think a person going for the job could seriously fight the issues, but in the same sense, you may not know that is why they did not hire you. They can always tell you that you did not get hired because they found someone better qualified for the job. After reading this chapter 9 in the School Law book, I learned a lot more about the different types of discrimination in the workplaces. I never even thought some of them existed. There is sexual, religious, racial and many other forms of it. I did not realize that there was a Pregnancy Discrimination Act for teachers in schools. That is wonderful. I think one of the major discriminatory facts I see is with the military. My husband is in the military and he is covered that if he has to leave his job for deployment or the call of military service, he is supposed to be able to get his job back. That is fine, but we had a case of a military person get hired back to their job and within a few weeks they were fired because they were not performing well enough for the company. Well come to find out, the company made some changes and the military person was not notified and so he was fired. He did fight the issue and was able to get compensation from the company and he no longer wanted to work for them for the humiliation they put him through. I totally agree that was wrong. I am glad after reading this chapter all the ways people are protected in the workplace.
In response to Carissa K – I totally agree that this book should be in every workplace. It should have to be read for better workplace atmosphere. I think there would be fewer problems with discrimination, both for the company and the employees. The employees will know what they are capable of getting in the workplace. They will know whether something wrong is going on with the company and what they are able to fight against them for. The employees will know if they are being treated fairly or not based on their personal attributes.
I think the rights we have are very important and I’m glad we have laws to protect us. Much like rules in a classroom it is important to know those laws. This is not only to protect yourself from being discriminated against but also to keep you from accidently or purposely discriminating against someone else. Sexual discrimination I wouldn’t think as a female we would see in school district because of the amount of teachers that are females, but I’m glad it is definitely one because it could happen or a male teacher could be discriminated against. I was glad to see pregnancy and public schools listed. I know many teachers put off having children to get their degree, they don’t want to wait too long to have children. Many employers won’t hire someone because they are pregnant because they might be leaving soon. This year we had a teacher start and she was pregnant, we have also had several pregnant teachers that have had a lot of support from staff. We even had teachers last year that co-taught so they could work half the week and the other teacher could work the other days. It allowed them to be home with their babies more. One thing that really reached me was under changes under the reauthorized Americans with disabilities act where they mention Lupus. I was told two years ago that I carry the Lupus gene and it could affect me at any point. It’s good to know I would be protected against discrimination.
In response to Kim M. I was really glad that she brought up about men in the work place. There are not enough good men role models for our children. Many of these children don't have males in their lives and could use to see that they can learn and teach. Male role models might be of help to those children that don't like to address women as role models. It could help keep them out of trouble.
When I heard that we had to do these Law Modules for all of our methods courses, I wasn’t really looking forward to it. I’ve never been a huge fan of legal jargon but once I got into the book, it actually wasn’t too bad. There were still a lot of terms that I wasn’t familiar with but I was able to pick out the important parts and I enjoyed reading Chapter 9. Sadly, discrimination is and always will be a part of our world and that’s why it’s definitely important for us as future educators to know the things that are acceptable to do and the things that could land us in court. I was surprised to find that the ADA Amendments Act was only established in 1990. When many people think of discrimination, they automatically think about race/ethnicity so I was happy to find that discrimination of other things like age, pregnancy and religion are supported by the law as well. It blows my mind how many teachers have been caught with their students in compromising positions. It makes me wonder if the system of recruiting teachers is somehow flawed. I learned a lot of valuable information in this chapter and the practical tips at the end reiterated the important things that all teachers should know and practice.
I was shocked to read what you posted about your brother’s 5th grade teacher! I can’t believe that she actually did that in class! Although it sounds crazy and people think it could never happen, I’m sure there are many cases of sexual harassment that happen everyday. Some people might not even know that what they are doing is technically considered harassment. It’s pretty scary and that’s why this book and knowing about how the law affects us and protects us as future educators is so important.
Throughout Chapter 9, my eyes were opened to the concepts and ways of discrimination. Some I knew some about, or was at least introduced to, some I didn't know at all. I particularly was interested and informed in more detail on the sexual harassment side of discrimination. This is important to not only understand the terms of, but to realize that it DOES happen and to not be afraid to stand up for yourself if it occurs within the workplace. Especially working with students, I think it's always important to show them what's right and wrong and to do for yourself what you would want them (the students) to do or not do. With that being said, I also feel that it's crucial to a beginning career to not make things more complicated then they need to be-meaning, be aware of the laws, but to come to the realization that when we first start teaching we are not going to know everything and not always know what to do-including the laws. For this reason, I am very glad I purchased this book and can reference back to it in the future. Just like the standards, I may not have the exact words and procedures memorized, this book will help with that. Along with the book, I think it's important to continue to do right by my future students, always. I do not want to discriminate within my future classroom and I do not want them (the students) to discriminate in any way, shape, or form. I think it's important to implement these ideas with our future students so they understand some things are not okay. At home, they may not always gather this information. It's crucial that all students get treated and treat others equally, for their future, as well as others.
Chapter 9 in the Law book covers discrimination. I found the reading a little overwhelming but also comforting. It talked about sexual discrimination and how it keeps increasing even though more and more cases are being won by those discriminated against. Proving that employment was given to someone else because of discrimination is a heavy burden and hard to prove. I found it interesting that mandatory retirement age was completely abolished with the exception of firefighters and policemen. The Supreme Court supports mandatory retirement age for police officers because of the rigorous physical demands of the job. In regard to sexual harassment the book reminds us that the person must make it clear to the person in authority that the advances and/or inappropriate behaviors are not welcome or wanted. I think this might be very tough for the person who is being harassed to stand up and state, but it is consistent with the hierarchy of much of the professional world, speaking to the person first before going to the level above.
I feel the same way about pregnancy within the laws. I find it ironic that it seems a lot of teachers I know will have babies in the summer time. I am glad to know that in the future, if and when I decide to have children, there are benefits and laws that will allow me to have my own personal time and efforts with my child, as well as have my classroom students be productive and have a maintained positive attitude. It's always nice to know that someone in any system has your back and will support your ideals and beliefs, such as having children. Most teachers, at some point, will and do have children, therefore, this is ideal to know and understand (pertaining to the law regarding pregnancy)
Kim M.~ I too am concerned about entering the workforce at a later time in life and hope that I will not be discriminated against! I think it would be very hard to prove that.
Discrimination is a touchy subject that we need to familiarize ourselves with. Although some of the text went outside my legal jargon knowledge the chapter covered items that I was not familiar with. I was not aware of the Pregnancy Discrimination Act. As a mother this has been an important bit of legislation that has made a big impact on our family. I cannot imagine not having my job or loosing it only because I was pregnant. The biggest astonishment was that is was not passed until 1978 which would have affected my mother. The most helpful part was the practical tips at the end of the chapter. As future educators we need to be aware of what is out there.
@ Kim Thank you for posting your comment about age. I think it is wonderful that you are going back to school. I too am taking the risk and entering the force later in my career. I am believing that it will have a positive outlook as I am seeking a job. I'd like to think that as moms we have a lot of experience to offer. :)
As many other fellow classmates have commented, I was not at all excited to dig this book out once again. However, I do understand the importance of knowing the ideas and laws presented in these chapters, and I hope that I will be able to perform my job better in the classroom knowing what I’ve learned from this school law book. Because I am an older student, much of Chapter 9 was not new to me. Discrimination in Employment is treated much the same in the world I’ve been in prior to pursuing this career. However, I was not aware of the fact that teachers were once forced to retire when reaching a certain age. That was surprising to me. I also did not know that employers are required to make accommodations for employees’ religious practices. I’m not sure what those might be, but I’ve never even heard of this law. I was not surprised that the sexual harassment section was so lengthy. I was even uncomfortable reading it, so I can’t imagine being in such a situation. There is so much involved in that discrimination area, and I think this very detailed section of the book helps us all to remember our rights and to also behave in a way that avoids and prevents these types of situations completely.
I had never really thought about the dates of these laws until you mentioned it! I also love the Practical Tips section of “Do” and “Do not”. While the content in this book is a bit “dry,” I do think the book is very important to try to understand some of the legal issues we may come across in our future careers. And, as you said, documentation is the key! Document, document, document!
As many of my classmates, I was not overly excited about starting this book. I will say that I felt enlightened on many of the protection acts listed in the book that I was unaware of before. I personally have never dealt with a discrimination situation in the work place but I know I need to be aware of all of my rights as well as how any of my actions can be taken in a negative way. In my opinion you can never be to careful now a days because so many people are so quick to sue. I think even the most innocent comment could be twisted into negative harassment in some way by someone. In many of my other classes my teachers have stressed how we should not post anything on the internet for others to read about our future students or colleagues. They also stress confidentiality but I think it all ties into the fact that you can’t be too careful in todays world so it’s best to just be overly cautious.
I wasn't very excited about this book either but like you said, I do realize the importance of it. I feel like this vast amount of information is only going to help prepare and inform us on things we should and should not do when we begin teaching. Like I said in my post, you can never be to careful anymore with anything you say so I'd rather know my limits and rights than be clueless and sorry in the end! I was also surprised by the part about religious practices. I feel like I hear "religion has no place in the work place" so often I didn't realized employers had to do this. Lots of new interesting information for something we didn't want to read :).
I was not looking forward to having to read this book. Law terms to me tend to go right over my head, but I do understand as an educator we need to know these things. Discrimination is still present today and I am sure that some people will still discriminate towards people when they are hiring, so I feel knowing about the rights of discrimination towards hiring are important to know. Some of this chapter I felt like I had heard it before while in other classes, but didn't go in depth with it until this chapter. One item I didn't know about was that teachers used to be forced to retire by a certain age, but now the Age Discrimination in Employment Act of 1967 forbids forcing teachers to retire after a certain age. I think the Family and Medical Leave Act is a good act to have enforced because people do have medical emergencies.
Shannon H, I agree that you can't be too careful these days. I remember when I was in elementary school I had a teacher who liked hugs. These days hugging a student can lead to problems. My classes have to mention the internet and paying attention to what you post on there. I feel we are coming into the education world have to really be on our toes.
I find law somewhat interesting, so I was looking forward to reading the book (again as I read it in a previous class as well). Chapter 9, about discrimination is very interesting. There are many laws about discrimination, however there are also many loop holes. While laws are set in place, it is difficult to stop discrimination because it can be very discreet. Just as someone said above, discrimination will always be around. Controlling it comes down to teaching our children not to discriminate and being responsible for our own actions. I am extremely thankful for those laws that are in place that minimize blatant discrimination.
Most of this chapter in the law book was a review of things I have already learned. My mother is an HR director so I regularly hear about issues and laws on things like FMLA and discrimination from her. One thing I didn't realize was that schools used to require teachers to leave at a certain point in their pregnancies under the assumption that they would be unable to perform their duties due to their condition. As a mother and future teacher I am very glad to know there is now a law to protect us from ridiculous policies such as those.
Kymberly R., I completely agree with you that children need to be taught to take responsibilities for their own actions. No matter how many laws we enact or punishments we dish out, there will always be some people mistreating others. If we all learned to do the right things on our own we wouldn't need laws. I realize, though, that probably won't ever happen. None the less, I still feel it is a worthy goal to shoot for.
In response to Carrie H., You said, "Proving that employment was given to someone else because of discrimination is a heavy burden and hard to prove." I completely agree with you. It is difficult to prove something such as this and therefore it is important to teach our children and student how to respect others and treat people fairly. I enjoyed reading your post!
Like many of my classmates I wasn't excited about beginning this book. However, it is important that we know our rights as employment seekers. I found this chapter to be very informative about the laws that protect me from being denied employment because of my religion, gender, race, or my age. The law I was least familiar with in this chapter was the Pregnancy Discrimination Act of 1978. I know many women teachers who have been pregnant at some point during the school year, taught up to their due date, went on maternity leave, and, depending when they gave birth, would return to teaching before the school year ended. I always wondered about how the rights of pregnant teachers came to pass; maternity leave and job protection.
Chapter 9 was all about discrimination. I felt like much of this chapter was review or simply common sense. Even though it seems like common sense that employers cannot discriminate based on age, race, sex, or religion, these things do happen. It is important to know and understand these laws in case I am ever discriminated against. Some things I learned from this chapter were about the Pregnancy Discrimination Act and the Family and Medical Leave Act. I knew women were allowed maternity leave, but did not know how long that was. I also did not know that the same amount of leave could be applied to other health issues. The one thing I found frustrating about the reading is that it is so hard to prove discrimination. A person could be obviously discriminated against, but if there is not strong proof, nothing can be done about it.
I also did not know and was shocked to find that women used to be required to leave their jobs due to a pregnancy. I am not a mother, but do plan to be some day so I’m certainly glad there are laws to protect me in the future.
I was familiar with many of the rights in Chapter 9, “Discrimination in Employment,” but learned a lot about how they specifically applied to teaching. Currently I work in retail management, and am responsible for about half of the work in regards to hiring new employees. Because of this I knew a lot about many of the rights that were listed in Chapter 9 and about how employment could not be denied for discriminatory reasons. However, there were a few things that were different when applied to the teaching profession. The section on age discrimination really surprised me. In retail, I have many times come up against situations where older employees did not want to listen to me or did not take me seriously because I was in a position of authority, but was still very young. So I was surprised to read that at one time mature teachers were “forced out,” and made to retire simply because they reached a certain age. It seems to me that these teachers would be the most experienced, with the most to share. Another section that really surprised me was the section on sexual harassment. It is unimaginable to me that until 1980 there were no laws that prohibited sexual harassment from the work place. How uncomfortable a working environment that must have been! It also surprised me that sexual harassment complaints have continued to rise. Many employers require that new employees take some sort of sexual harassment training prior to beginning employment, so I don’t think a lack of awareness is to blame. Perhaps people are less afraid of retaliation? Whatever the reason for the rise in complaints, maybe this is actually a sign of improvement, because maybe incidents are now being accurately reported. I also really enjoyed the “do’s and don’ts” in “practical tips.” To me, that perfectly summed up how it applied to me specifically and highlighted all the important things I need to remember. Overall, I “think this is a great resource to refer to if the question of discrimination ever were to come up because it so clearly states the right awarded teachers under anti-discrimination laws.
I have to be honest when I say I wasn’t that excited to open up this book…I want to be an elementary teacher not a lawyer. I do think that the chapter over discrimination in employment is a very important deal. As future teachers, we are all getting ready to go out into the workforce and try to find a job and if we feel that we are being discriminated against we need know the laws and how to fight for our rights. Most of the information was pretty basic, we all have seen them outlined on the board at work, and learned about them in school. The one piece of information that I found interesting was that section on age discrimination. Most of us think about the older people that are being denied jobs, but under the law no person over 40 can be discriminated against. I found this startling that people under this age is not protected. I have often wondered if I will be discriminated against because of my age and inexperience once I go to apply for jobs. I say this because I will only be 22 when I start looking for a job, (but I look 17 years old). I hope that the person hiring me will not think that I am incapable of running a classroom because I am younger, because then I’m not protected under the law. (It would be impossible to prove because all they would have to say is that I was that I didn’t have enough experience.) Finally I think the most valuable part of the chapter is the section over harassment. Harassment is a very big deal in schools, as teachers we work every day to teach our students that harassment/bullying is unacceptable and will not be tolerated. It’s important that we know this law, so that we can teach our students about the negative repercussions of their actions. Finally as much as we all hope that we can work in a professional work environment, sometimes this is not the case. As adults we need to make sure that we take (sexual) harassment serious and report it, so that we can set a good example for our students.
I too was repulsed by the paragraph about the sexual harassment of students by school personnel. I think we underestimate how often this kind of harassment occurs and goes unreported. We need to inform our students about what constitutes sexual harassment. I also think we underestimate the occurrence of sexual harassment of teachers by students.
I have also come up against where someone thinks I am less competent because I am younger. I think it's one of those things that people don't really think of as wrong, even though it is still a form of age discrimination. Most people understand it is wrong to discriminate against someone for being older, but many times don't apply that same logic to someone who is younger. The good thing is, that usually with most people you are able to prove yourself and move past that.
In response to Lindsay S.: I also found it very bazaar that teachers would be forced to retire. Most of the job of teaching doesn’t require manual labor so there’s no way they could say that the teacher couldn’t perform her/his duties. I would understand if the teacher was starting to have some forms of dementia or other mental abilities that impeded their teaching. But in my experience older teachers are very sharp, and are very capable of their job because of their experience. I think teachers know when it is time for them to retire, not because of age but because of emotion and understanding of their students. The one factor that I have seen in schools lately is that some of the older teachers are being pushed out because of the changing technology and teaching methods. It is if you’re not willing to change than we’re going to replace you with a younger version that will use the equipment. I have mixed emotions to this because these teachers have successfully educated thousands of students in their years but, they have to teach the students now how to survive in this world; which is very technological orientated.
After reading the chapter over discrimination I realized there is a lot of fine print embedded in the laws that I did not truly know before. For the most part all of the information that was provided seemed to be quite obvious such as sexual, racial, and religious discrimination is not permitted under any circumstances but then I got to reading about discrimination against persons with disabilities and I had never honestly thought about this in relation to education. I would assume this stems from the fact that I have never experienced any kind of contact with a person with disabilities (visually seen by myself) within the education system. Then the text explains that disabilities could have to do with persons with disabilities that “cannot be seen;” whereas a person may be on medication for a specific disorder and no one would ever know. It was interesting to read about what exactly is considered sexual harassment also. When I think about sexual harassment I think about the more obvious signs such as inappropriate physical conduct and degrading comments. I did not think about “prolonged staring at a person” as being considered sexual harassment. It makes me physically sick to think that sexual harassment of students by teachers even exists. The information provided in this chapter is very important information for any person going into the field of education to know.
I felt the same way you did when I learned that we would be studying a book about law! After reading the chapters although I feel it is very important information for any going into the field of education to know. I also found the section on age discrimination to be quite interesting. I had no idea that until 1978 teachers could be forced from their jobs at the age of 65 and then the age was only raised to 70! I believe the amendment added to the law in 1986 eliminating the age limit completely is quite relevant to this day and age as people are living longer healthier lives more now than ever before. If a person is completely capable of full filling the duties of their job there is no reason the person should be removed from their position.
After reading Chapter 9 I was very surprised at the many different ways people are discriminated against in the school system. I was completely unaware that they even had a Pregnancy Discrimination Act of 1978. Which basically says that no woman can be let go because they are pregnant. As a young woman, I hope to have children in the future and it is nice to know that there are policies put in place to make sure that discrimination is avoided.
In response to Allison G- Although it seems that most of the information in Chapter 9 was common sense, I do think that some people are just unaware of the different ways people are discriminated against.
This was a good chapter to read. Discrimination in employment is a huge issue. Along with that I really enjoyed reading about the sexual harassment. With my dad being a teacher and knowing so many teachers I have heard numerous occasions where a teacher has been messing around with students or teachers harassing other teachers. This is just wrong and it can get you into so much trouble. It is not worth it to get into that. Especially with a student! you will loose your license in a heartbeat.It is just not worth it!
I wonder if I will be discriminated against because of my age as well. I know sometimes I still walk into a building to get something and people look at me like I am to young to be here or doing this. I hope that I do not run into discrimination when I am trying to get a job teaching!
I think it is so interesting to read about how different types of people groups are discriminated against not just because of heritage but also because of the way they were born or the things they have been through. None of it is fair or good. Even looking into pregnancy as a means of discrimination. Many young girls who become pregnant in high school are looked down upon by other students as well as by teachers. It is a huge problem that we face daily in schools as well as out in the rest of our lives. Discrimination is everywhere we go, it is our job to join in or act upon it and make a change. At the end of the chapter the tips were also very good and interesting. It is important that we feel confident enough to address issues that arise even if we are unsure. It is better to be wrong and let someone know that to be right and not say a word.
In reply to Kymberly R: I agree that there are SO many loopholes but then again I don't know how to make something that has no loopholes at all. I also appreciate what has already been done to help with discrimination. I hope that we never lose the urge to help out!
Tessa W.- I also agree it is interesting to look at all the people who are considered discriminated. It is so important to look at them as a person first and then their skin or disability second!
To me discrimination is a very nasty word. It doesn't matter the skin color or disability. People are who they are when they are born and you cannot change that! I remember working as a Para two years ago and the school was divided; white and Hispanic. It seemed to me that we stuck with our own race and "hung" out with our crowd and didn't associate with the other group outside of the classroom. I don't think this is right, but what can you do?
This module had some interesting information in it. Discrimination is something that will always exist. There is nothing we can do about it no matter how hard we try and it is just part of us as humans. Sad but true. It does happen a great deal in school systems and I am surprised about the comment where men are hired in the elementary schools over women. When I was in elementary school I don't remember it being like that at all. I believe there were only 2 in the school I was in and I am from a fairly large city. I don't understand either why older people aren't selected over young teachers. I can respect both sides of it, but I honestly believe we still need veteran teachers! They have so much knowledge. This module gave me great insight on what I can do and how I will be protected as an educator.
I agree with you on how crazy it is that before 1980 there were no laws on sexual harassment. Look at everything we have now to protect us and it is still going on every day. I can't imagine working before then and having to be miserable at work with nobody to help out.
I have some much to say about these topics. I have personally experienced discrimination and sexual harassment. First, I am glad that we have been directed to such an excellent resource as the Law book. I must get a hardcopy instead of just a e-book. Second, I am so glad that the light has revealed these dark problems for change to happen. Thirdly, most of my experiences have been within the last year to 25 years. It is sad to say Iam not surprised by what has been shared. Fourthly, My proposal for English Comp 2 was about Sexual Harassment. This very assignment is like my idea about educational intervention to help awareness. I am not sure which personal experience to relate to the class. I was working at a restuarant after high school. I observed the application process for their hiring policy. They had a small volunteer section on the application about height, weight, and race. I was there when management went thru the applications throwing away ones of fat girls. I was amazed then one of the managers starting questioning who hired me. I let her know that the owner hired me. She said we don't hire fat girls here. She said I don't know how you got hired. This treatment lead to me leaving that job.
Katie C Your reference to age discrimination. My parents have been going thru that for the last 5 years. It is very sad to see them just give up then fight. My mom was a nurse for over 30 years. She was released just about two years before retirement. Now, they live on social security but due to not completing those last two years. They receive a lot less money per month. She was such a great nurse some patients even protested for her return one fasting until she returned. She had to start visiting those patients for them to start eating and living again.
Discrimination is something I believe is very serious, I believe we can all say this. I think it's a great idea that we have to read this book about all the different laws in the workplace. These things are very serious and will continue to be because I do not believe they are going to end anytime soon. Discrimination and sexual harassment are two very important subjects in and outside the workplace. One thing I really found interesting was the dates that things were put into action. I can't believe how recent some of them were. For instance, the Family and Medical Leave Act was adopted only in 1993. That is not that long ago. Hopefully we see more and more changes, for the better when it comes to laws. Hopefully eventually, there will not such a thing as discrimination and sexual harassment found in the work force; something big to wish for!
Tracy P--Thank you for sharing your personal experience with us. It lets us know, that this done goes on. That is horrible about your old job but the sad thing is, is I am sure this happens all the time we just don't know about it. I think it was very brave of you to stand up and quit.
Reading through this chapter got me thinking about treating each student without favoritism. I think that in some ways, there will be times when you treat students differently because of their personalities, but also I think that showing favoritism is kind of a way of discriminating. Also got me thinking about limiting a child. Looking at an individual and assessing them thinking this is as far as they can go is like taking away something very precious. As teachers, it is our job to not only increase knowledge in students but push them to accomplish their goals and beyond in education. We may not know what their goals are but I think you understand what I am trying to say. Pushing them beyond a difficult point that they thought they would never accomplish.
Chapter 9 law module discussed discrimination in employment. This handbook will be a very helpful tool in the professional world. Chapter 9 took a few pages to discuss discrimination into sections and went into detail about each type of discrimination. Discrimination is a term that is becoming more widely known. I am familiar with the more popular discriminations, such as ADA, racial and sexual. The book offered explanations on religious, pregnancy, and great detail on sexual harassment. In reading through this module I couldn’t help but wonder where our world is headed or where is has been for that fact to have a book to protect us in the work place!
I know being informed about the law and how it pertains to us is very important as future teachers; however, I was not totally excited to crack open this book. Legal terms are lost on me, and if I was truly excited about this topic- I would have become a better paid lawyer. That being said, this ‘pocket guide’ provided me with the crucial interpretations of the law as it pertains to me, and my future profession. I thought the information in chapter 9, over discrimination, was very informative. As I was reading through this chapter I realized my high school civics teacher did a wonderful job covering this material, however I did learn one thing I didn’t know. I thought that homosexuals were afforded equal protection under title XII. I was actually fairly astonished by that considering some states are now allowing same sex marriages. I guess that Title XII may grant these protections once the federal government recognizes these unions? I also found it interesting that the harassed party must inform to perpetrator that they do not want or enjoy the conduct of the perpetrator in a sexual harassment claim. I would think that it most instances it would be pretty obvious that these actions were unwelcomed, however- I guess for transparencies’ sake, it is good to make certain there are no misunderstandings. I think that chapter nine did a pretty complete job of informing us of our rights, obligations, and duties when it come to discrimination and sexual harassment.
ReplyDeleteDiscrimination in the workplace is a real problem that faces use as well as our employers. Although I was not looking forward to reading this chapter I found that the part that was interesting to me were the dates that many of these laws were put into place. My thoughts were on how recent we have adopted many of these laws. For example the Pregnancy Discrimination Act was passed in 1978, which is only a few years after I was born. What did women do when their employers fired them or would not hire them in the first place because they were pregnant? Even more surprising to me is the Family and Medical Leave Act was only passed in 1993. We have made great strides in the progress of treating all people equally in this country. I found the tips page to be informative and helpful for anyone that may be faced with providing the proof one needs to make a case for themselves legally. The biggest tip would be documentation. Keeping accurate records of events in question is vital to the success of any case brought to court. Contrary to what I had first thought, this book just may be useful in the future.
ReplyDeleteIn response to Jena S,
ReplyDeleteYou are right, it is really interesting to look at the dates that these laws were adopted. It is fairly surprising to see how recent some of them were enacted. I think the workplace has become much fairer in recent years. I agree that the information about documentation was very useful, it is true that keeping accurate records of misconduct and communications is very key to reporting or making a case of misconduct. I enjoyed seeing your thoughts.
When reading Chapter 9 in the law module book there were many different things that I found interesting about discrimination in employment. For one thing I was not aware that if you were filing a complaint about discrimination that you had to file it within 180 days following the employment practices. I also found it interesting that the discriminatory employment practices were not put into place in educational institutions until 1972 which I would consider to be later then I would have thought. I also learned that in regard to sexual harassment that the person being harassed has the obligation to inform the other party that the behavior is unwanted or unwelcome and if the person doesn’t stop then the charges will possibly be put into place.
ReplyDeleteIn response to Jena Simms
ReplyDeleteI totally agree with you Jena that I was surprised as well with the dates that these laws were put into place. I also can’t believe that we didn’t adopt these laws sooner and I am surprised by how late so of the discrimination laws were adopted. I also found the practical tips page to be very helpful for me as a future teacher as well. I liked the practical dos and don’ts and found it to be a quick reference for me as a summary of the whole chapter when I need to refer back to the book later on in my teaching career. Lastly I agree that documentation is very important and will definitely be needed if a person has to go to court to prove their case.
Katie Coulter
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I like law in some ways but this chapter wasn’t probably the most exciting aspect of law but very informational. I have always heard of discrimination and harassment among some businesses but have to see or experience any of this myself. I do however agree that there needs to be stipulations to protect individuals. I don’t feel it’s right that a person may not get hired or declined due to physical appearance, race, religion or age. This was truthfully the first time I had heard about age. I guess I have never really thought about age before but I am sure it happens. I remember when GM when under and all that car business was going on. I thought I was horrible that so many older people who were so close to retirement were being let go. I was really surprised when I read about the pregnancy act. I didn’t realize that schools handled pregnancy like that. Chapter nine had a lot of useful information. I like knowing how I am protected and what to do in specific situations.
In response to Adrianne Hoefler,
ReplyDeleteWouldn’t you think that most harassment would be a noticeable action that wasn’t welcome? I like you post about that but then I think to myself about the different types of male figures out there that can’t take a hint. It reminds of high school when you could tell them no to just about anything but some were never ending just for the fun of it. In a work environment there might be situations where you were very intimidated by the offender and had a hard time making yourself clear. In all fairness the person needs a warning before being charged with sexual harassment. They might not understand that the simple work “cutie” is offensive to you.
Discrimination is one of those topics that will never go away as far as I'm concerned. It's not something I'm particularly happy about but it's just something that we all have to live with and deal with to the best of your abilities. My golden rule is to treat others the way I want to be treated, and for the most part that has helped me out a lot through my short life. The one section that really stood out to me was the Practical Tips section at the end. Those will be extremely useful because they cover what to do and what not to do. As a future teacher those are extremely important tips to know.
ReplyDeleteJena Simms
ReplyDeleteAs for most of the discrimination laws I wasn't overly surprised at some of the dates. The ones that did surprise me though were the dates of the laws having to do with pregnancy and medical leave. I thought those would have been in place a long time ago instead of just in the last 30 years or so. Especially since most teachers were female the farther back you go.
Even though I honestly have no interest in law, I think that it is a good thing that we as future educators have to learn about school laws are and what rights teachers/students have. I found chapter 9 to be easy to read and very informative. The information given in this chapter was regarding discrimination in employment. There is so much of this that actually goes on behind the scenes and it is good to know what is okay and what is not acceptable. I found the laws against discrimination to be very interesting regarding age, pregnancy, family emergencies, racial, and religion. I was particularly interested in the information on sexual harassment. I think it happens a lot more than we might think that it does. It’s sad, but you hear about it happening between teachers and students as well. I think that student’s need to know what their rights are as well. Years ago, my older brother’s 5th grade teacher was fired during the school year because she would take turns calling students up to her desk to rub her feet while she read out loud to the class. If not properly informed, some student’s might not see the problem with this but clearly it is a huge problem!
ReplyDeleteLane- I agree with you that discrimination will probably never go away completely. The most we can do is treat others the way we want to be treated and to treat our students to do the same. We need to not only teach it but to enforce it.
ReplyDeleteChapter nine discussed discrimination in employment and I thought some parts were rather interesting. As I was reading through the chapter, I kept asking myself: How does one really know if they are being turned down for a job because of their interview and not their race, religion, or sex? The chapter told of a court case about this. The school hired a “young white woman” instead of the 57 year-old black woman. The school board said they based the interview on standards and the white woman had better scores. But how does the court really know that is the reason? Also, I hear all the time that men have a better chance of being hired as an elementary school teacher because he is a man, or that a black man or woman has a better chance because they are black. I know some businesses must keep a certain ratio of different races and ethnic groups in order to not have discriminatory employment. Is this the same for schools?
ReplyDeleteIn reply to Lane: I agree with you, Lane. We need to respect each child and their individuality. We should always treat others the way we would want to be treated. I have always loved that saying and will have it posted in my future classroom!
ReplyDeleteUnlike other people, school law fascinates me. The law module blogs are actually exciting to me, because I learn what can and can’t happen. This chapter deals with discrimination. To me, most of it makes since, but that is only because I haven’t seen or experienced anything different.
ReplyDeleteI can only imagine the discrimination that happened to females and other races in the 50s and 60s. These laws are in place today because of these acts. One fact that I thought was interesting in this chapter is that it is hard to prove discrimination in the courts, because the plaintiff has to have objective proof of it. It seems that the system is set up to protect employers, rather than protecting potential employees. I can only assume that if it was reversed, many employers with be sued with fraudulent claims.
In response to DeidreJ-
ReplyDeleteI thought that that case was pretty interesting. I kept asking myself if it was because the woman was black, or if she was older that she was turned down for the job. As I said in my post, it’s difficult for the plaintiff to prove discrimination. I have also heard that men are more likely to be hired in an elementary school. I don’t necessarily think that men are favored, but I can see where one might think that. There are fewer male applicants than female applicants. If a man and a woman applied for a spot in an elementary school, it should be based on the credentials of the applicant.
Reading this chapter on discrimination really made me appreciate the morals and ethics I was raised on. So many of this laws would never even cross my mind and yet I am having to read up on them to make sure I am informed and educated as I prepare to enter the education career field. This degree in education will be my second degree. I have a degree already in business and have been working the last 6.5 years in sales. I feel the experiences and opportunities I have had over the last 6.5 years have helped me to mature and grow as a person. So many of these scenarios I believe I take for granted. Our rights to justice and to be treated equal. I think I am somewhat naïve when it comes to this controversial topic. I see it in the news but I have a hard time thinking that it will ever happen to me. Reading this chapter make me realize just how important it is to be educated on discrimination and to be prepared. On a side note the last little paragraph about sexual harassment of students by school personnel just makes me absolutely sick!
ReplyDelete@DeidreJ
ReplyDeleteYou bring up some really great points. How do you know – I don’t think you really can. The text mentioned that you would have to have some hard evidence to win a case and I have no idea how you would go about getting evidence to support your case. It really becomes a he said she said kind of deal. How do you really know who would be the better teacher based off scores or interviews? I have also heard that men tend to get hired over women in the elementary field due to the lack of men in the schools. I think it is important to have good teachers, regardless of the sex or ethnicity. You bring up a great point of discussion, of which unfortunately I don’t think we will ever find the answers.
Lacey Keller
ReplyDeleteChapter 9 of Essex provided great detail of discrimination in the workplace. "Individuals cannot be discriminated against because of race, color, religion, sex, or national origin, or to classify or refer to employment any individual on the basis of his race, color, religion, sex or national origin." (Essex p. 127). In 1974, the law was extended to cover those individuals with disabilities. This subject is so touchy, and I am happy to have lawyers who can interpret the meaning of all this.
I have a real passion for ADA in education. As a future teacher, I have the understanding that all students can be educated. I have a sister who was in a motor vehicle accident when she was a sophomore in high school. She has never regained use of her (once then) dominant right arm. When applying to nursing school, she was denied because of her disability. This furiates me because she has been a health unit coordinator for a large hospital for many years and has proven to work circles around those who have two working arms. However, the college denied her and won because of an undue hardship. Moral or not, the college won and my sister was denied an education because of her disability.
Lacey Keller
ReplyDeleteShawna,
The paragraph regarding sexual harassment of a student is quite disturbing. We have all heard of the teaching professional who engages in this behavior. I'm just glad we have laws to protect our students. Students are not our friends and we need to keep a professional relationship with them.
There are so many different types of discrimination. Personally, I think if we all think about Chapter 9 we have all been discriminated against one way or another. Therefore, as teachers we should be more aware of our behaviors towards others. The part of the chapter that really stuck out to me was the racial discrimination. I live in a rural area and I truly believe that some people are ignorant enough not to even realize they are discriminating against someone because of their color. I went to college at Oklahoma State University and lived in campus housing. I lived among people from just about every different type of background. This was one of the best experiences I could of had. I remind my children of what Dr. Martin Luther King Jr. said, "that a person should not be judged by the color of their skin, but rather their character". Discrimination whether sexual, racial, religious etc needs to stop. Treating someone respectfully, does not mean you have to agree with their beliefs. We need to remember how we want to be treated.
ReplyDeleteTo Lacy: I am so shocked that the college won their claim. Shame on that university for the way they have treated your sister. I hope she will continue to fight for her dream and that you will be her biggest cheerleader.
ReplyDeleteTo Shawna W: This is my second degree as well. I have worked many different jobs over the years. Personally, I love this law hand book because law is of interest to me. If I was not in education I would attend law school. Looking back at my younger years I feel like I have been discriminated against in certain situations. It is just interesting how there can be such a fine line as to what constitutes discrimination.
ReplyDeleteChapter 9 has great information about the laws of hiring in education and how know matter what a person cannot be discriminated against. One thing that I learned while reading this chapter was that a school could be in a big lawsuit if they are not accessible to students with special needs. Each student and teacher should have the same opportunity as any other student or teacher. One other part of this book that was interesting to me was the pregnancy policies. A teacher cannot be deemed physically unable just because they are pregnant. I have actually seen a position hiring paper from way back in the day, on the paper it said. If you become pregnant you will lose your job within 50 days of the pregnancy beginning without pay. I thought this was crazy. I know now that you are safe if you are pregnant and teaching. Sexual harassment is a huge part of chapter 9. Which it should be. It is a serious crime and I now know what is permissible and what is not. Being a young teacher that is extremely important. I loved all of chapter 10 and the explanations of the freedoms of teachers. I’m sure many teachers have never read this and do not even know their rights to the T. I think they are important and I will be able to know what I can and cannot do as a teacher. One thing in chapter 11 that I have a question about is combining schools. I know that many schools in Kansas are combining. Is it okay for teachers’ tenure to be terminated when schools are combined? Is this up to the superintendent or the state?
ReplyDeleteIn response to Andrew D.
ReplyDeleteI actually did take note that the laws do protect the employers. This is a huge disadvantage when looking for employment, but once you have employment a huge advantage. So I guess you could look at it both ways. It is kind of crazy how hard it is to file for discrimination. It is actually easy to come up with reasons not to hire somebody even if the real reason is discrimination.
Chapter 9 discussed all types of discrimination in the workplace. One thing that I found interesting is that districts used to have cut-off dates where they required pregnant teachers to leave their positions. As if they were unable to do their job because they were pregnant. Some women also weren't allowed to return to their job until after a semester ended. This all changed after the Pregnancy Discrimination Act of 1979. This chapter also discussed sexual, racial, religious, disabilities, and age discrimination. Along with the Family and Medical Leave Act and sexual harassment. I feel like all of this information is important in the world we live in today. You always have to protect yourself and be aware of the law.
ReplyDeleteIn response to Amanda L
ReplyDeleteWow, I cannot believe what you said about pregnant woman being fired after 50 days of announcing they are pregnant. That is shocking. With my first child, I worked the day I went into labor. I was still able to do my job. I'm actually pregnant now, and a little worried it might put me behind other candidates when I apply for teaching positions next spring. I really hope it doesn't because I am ready to teach next fall!
I actually love reading this book. I should probably be a lawyer, but I think that would take more schooling, all of which I'm unwilling to do.
ReplyDeleteThe whole discrimination thing in employment seems to be common sense to me. I think the most interesting thing I read was about the sexual harassment in the work place. Before I knew what sexual harassment was, but I didn't know that there were different types. The two types were quid pro quo and non-quid pro quo. I didn't realize until reading about discrimination how much sexual harassment in the workplace could differ based on the work environment and the people working.
@ Jeanette
ReplyDeleteI feel like racial discrimination would take place more frequently in rural areas. I'm so glad that you remind your children often not to judge based on race, religion, etc. I was fortunate enough to grow up moving all over the place. I think the place I learned most was Ann Arbor, Michigan - a diverse college town. There were so many different people, and each person (or group of people) you could learn a lot from. It makes me a lot more aware (and sensitive) of people of other races, religions, etc.
The book “A Teacher’s Pocket Guide to School Law 2nd Edition by Nathan L. Essex gives the reader inside to different laws that are made to protect individuals. Chapter nine of Essex’s book talks about the laws of discrimination. This chapter of the book gave me new interesting knowledge, made me reflect on my own life and made me ask questions.
ReplyDeleteSomething that I found interesting in this chapter was when Essex’s book stated that “To succeed under Title VII, a plaintiff must demonstrate that the employer’s reason for the challenged employment decision is false and that the actual reason is discrimination. This burden is often difficult to prove, because there are very few instances in which plaintiffs have objective evidence of proof of discrimination” (Essex, 128). This statement made me ask the question; how would you prove if that an employer was discriminating against a person? I would think that the employer would have to say something to the prospective employer or something to that effect for there to be proof.
Another piece of information that I didn’t know before was the statement from Essex book that “An individual claiming discrimination under Title VII must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days following the alleged unlawful employment practice or within 300 days if the individual has filed a claim with a local or state civil rights agency”(Essex, 127). This seems like a long time period to me but people must need this much time to try and figure out the employers intentions. After reading this part in the book I also have to ask the question; days from when? Does this mean the interview?
Reading this chapter of Essex’s book made me think about if I had ever felt discriminated. I myself do feel at times that I have been discriminated because of my age and the way I look. I look younger that I am and feel that people do not accept my views or options because of that. At times when I am substituting and work with assistant teachers I feel as if they do not think that I am knowledgeable in the education field because I am younger than them, but really age does not have anything to do with it.
References:
Essex, N. L. (2011). Teacher’s Pocket Guide to School Law (2nd ed.). Boston, MA: Pearson.
Elizabeth,
ReplyDeleteI too found the pregnancy discrimination part of Essex book interesting. It seems like teachers are pregnant all the time. In the old district that I worked at there seemed like there was a teacher pregnant at any given time (this might not have been so but might as well have been). The laws in this book are a little confusing to me and I had to read that section a few times because I did not know that teachers were required to leave their positions because they were pregnant. I thought that was just unbelievable. I am glad that they fixed that law because just like it said in Essex book "Pregnancy must be treated as a temporary condition, thus entitling female employees to the same provisions of disability benefits, sick leave, and insurance coverage as any other employee who has a temporary disability"(Essex, 135).
References:
Essex, N. L. (2011). Teacher’s Pocket Guide to School Law (2nd ed.). Boston, MA: Pearson.
Kristle C
ReplyDeleteOh, My, Goodness! Your brother had a 5th grade teacher who had kids rub her feet while she read out loud??!! Oh, My, Goodness. How in the world do these people in a position of trust and authority decide they can do this to others?
As a child, I would have gotten so grossed out about it, I would have told my mom the first day!
I think there are many, many people who just do not care or think they won't get caught so they cross the boundaries of decency and discrimination for their own personal agenda.
I tell people this the whole time. The best advice I was ever given when I got into teaching was to remember - someone loves that child. That phrase, to me, covers everything from verbal abuse, to special treatment (the parents want the child to learn not be passed on with out the knowledge) to sexual harassment and discrimination from personal dislike to intense prejudice.
Discrimination is a horrible thing to go through because you have no control over the reason for the discrimination.
ReplyDeleteI have been discriminated against because I am a woman: (If it were possible, men could have babies better and faster than women for the simple reason that they are men)
and White:(I was jumped in a bathroom because I was white, I was given a 'sampler' cup of coffee when I asked for a large. And was charged twice the price of a normal large coffee to go.I was also threatened with bodily harm by a HUGE African American if I did not 'pay the lady and leave immediately')
Hans Christian Anderson told a story that I loved in my youth. It was called "The boy with the Green Hair" and it was about prejudice.
Life is too short to make judgements on people because of exterior or interior differences.
These chapters didn’t seem to grab my attention, I know that these are important laws but we are teachers and need to know what we can and can’t do. In a nut shell this chapter is saying that as a employer you can’t hire someone that has different beliefs, sex, color, origin, and race than you. I thought that the guides and tips will be helpful in the future. Documentation is becoming more and more important. I think I may refer to this book more than I thought.
ReplyDeleteTo Jeanette:
ReplyDeleteI agree with you 100%, we as teachers need to be aware of our behaviors towards others. I grew up in a very rural community and I know at first when we had an African American girl in our class, I remember asking why she was different from me to my mom. Now that I have been in college a few years I don’t notice it and I agree with you that discrimination does need to stop.
I love this law book and I have used it in previous classes! I think it is super important for us to know our rights. I like others found the pregnancy act of 1979 to be very interesting. As I get into my future classroom I have always worried about when I could start my family. This chapter also did a great job about educating us on the rules and laws about discrimination and sexual harassment. I thought most of the sexual harassment information was pretty much common sense, however some people lack that I guess!
ReplyDelete@ Lacy Keller
I agree. We all know some “professional” educators or have heard of some of these horrific stories. I am so glad that we have something in place to protect everyone involved!
To Lindsay H
ReplyDeleteI agree it is a good book, and is not just well written but written so that it can be easily understood. Certainly when it comes to education the pregnancy act is important, given the percentage of females in elementary education.
Jeremiah Gramkow
This chapter is on discrimination, and covers most types of discrimination. Its treatment of the area is a bit on the quick and basic side, but it is accurate. If you have any real concerns or want to know more there are certainly places you can find that information.
ReplyDeleteThe one difficult thing is that there are so few lawyers who have experience in school law.
As a former lawyer I will say that this chapter is well done, as far as it goes and is certainly worthy of our time.
Sexual discrimination is the one most likely to get any one of us in trouble, so be careful.
Jeremiah Gramkow
Deidre:
ReplyDeleteI think that there are fewer men in teaching. I know that male teachers can often be good role models for students, especially those who do not have a male who is involved in their lives. It would be interesting to see the number of male and female teacher education students. I think we would see that there are males, but the majority is females. At my sons’ elementary school, there are three sections of each grade (K-4). There are two male teachers; one is 1st grade and the other is 3rd. Additionally, the music teacher is male. The remaining teachers are females.
Another example I have seen is with the fire department that my husband works. In the past, they have advertised for applicants. The advertisement had a statement directed toward females and minorities, asking them to apply. When my husband got hired 6 years ago, he was 42 years old. He often joked that he couldn’t believe that they hired a middle-aged, white man for the job. Most of the other new recruits were 10 to 20 years younger than him.
Law Modules Chapter 9-
ReplyDeleteIf I am being honest I was a little surprised to see this book on the list of textbooks I would need simply because of the title. However, after beginning to read it I am astonished that books like these are not required to be read in all places of employment. There was so much important information on Discrimination in this chapter. Sexual Harassment seems to be an issue that continues to grow and grow as time goes on. I found it very interesting that in these types of situations the “victim” is required to let the “offender” know that their actions are bothersome. I know that in most of these cases both parties are aware when the actions are unwanted, and for someone as shy as I am it may be a little unnerving to approach this matter.
Chapter 9 in the school law book was very informative. I do not like dealing with the law nor do I understand a lot of the terminology, but this book broke it down so I could know what it was talking about. Basically discrimination in employment is prohibited on the basis of sex, race, age, color, or religion. It talks about laws, acts and what to do if you feel like you were discriminated against in the school. Being a pregnant teacher is protected by the Pregnancy Discrimination Act of 1978. At the end of the chapter it list tips of discrimination of which I liked so I know what to look for and what I could do in the school.
ReplyDeleteAfter reading this chapter, I realized just how important it is to have a knowledge of discrimination. You can get into big trouble if you're not careful. This is especially true in the classroom. It's basically common sense though. Most people these days know what and what not to say. It's just so important not to discriminate someone because of their race, gender, religious beliefs, etc. If you avoid these things, you'll be just fine.
ReplyDeleteIn response to Jeremiah Gramkow...
ReplyDeleteI also agree this chapter was quick and obviously couldn't cover all information fully. But it did provide a good start of information and made me personally aware of what I am doing at all times and what is going on around me.
In response to Linda McC-
ReplyDeleteI agree that discrimination is horrible because it is based on who you are, what your religion is, or what things you are interested in. It is too bad that it has to be like that but it is reality and we need to be careful of what we do or say or where we even go.
Lane A
ReplyDeleteI agree, discrimination will more than likely never go away. It's just something that we all have to be very careful about. I like your golden rule, I think that's how everyone should act. I felt the practical tips at the end were very helpful too. We, as future teachers, really need to have a firm grasp about what you can and can't say.
Lindsey:
ReplyDeleteI know that when my mom found out she was pregnant with me (1964), her employer let her go. They didn't say it was because she was pregnant, but that is what she believed was the reason. I am not sure how far into the pregnancy she was.
As a non-traditional student, the portion about age discrimination was of particular interest to me. I will be 47 in December and I still have about two years to go until I anticipate graduating. Therefore, I will be nearly 50 years old when I am ready to re-enter the workforce after raising my children. I am hopeful that school districts will not adversely consider my age when I am applying for a teaching position. My husband is a firefighter and he will retire at the age of 60, which is the departments required retirement age. This was noted in the book.
ReplyDeleteI think this book covers the information in a concise and to the point manner. It will prove to be a valuable reference.
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ReplyDeleteDiscrimination in the workplace still seems to be a problem. It is not near as bad as it used to be. I think there are some workplaces that still can be considered discriminatory based on your personal factors in life. Like the school district near my town is known for not hiring people because of bad experiences with other people in town. I think that is discriminatory. They hold grudges. I think a person going for the job could seriously fight the issues, but in the same sense, you may not know that is why they did not hire you. They can always tell you that you did not get hired because they found someone better qualified for the job. After reading this chapter 9 in the School Law book, I learned a lot more about the different types of discrimination in the workplaces. I never even thought some of them existed. There is sexual, religious, racial and many other forms of it. I did not realize that there was a Pregnancy Discrimination Act for teachers in schools. That is wonderful. I think one of the major discriminatory facts I see is with the military. My husband is in the military and he is covered that if he has to leave his job for deployment or the call of military service, he is supposed to be able to get his job back. That is fine, but we had a case of a military person get hired back to their job and within a few weeks they were fired because they were not performing well enough for the company. Well come to find out, the company made some changes and the military person was not notified and so he was fired. He did fight the issue and was able to get compensation from the company and he no longer wanted to work for them for the humiliation they put him through. I totally agree that was wrong. I am glad after reading this chapter all the ways people are protected in the workplace.
ReplyDeleteIn response to Carissa K –
ReplyDeleteI totally agree that this book should be in every workplace. It should have to be read for better workplace atmosphere. I think there would be fewer problems with discrimination, both for the company and the employees. The employees will know what they are capable of getting in the workplace. They will know whether something wrong is going on with the company and what they are able to fight against them for. The employees will know if they are being treated fairly or not based on their personal attributes.
I think the rights we have are very important and I’m glad we have laws to protect us. Much like rules in a classroom it is important to know those laws. This is not only to protect yourself from being discriminated against but also to keep you from accidently or purposely discriminating against someone else. Sexual discrimination I wouldn’t think as a female we would see in school district because of the amount of teachers that are females, but I’m glad it is definitely one because it could happen or a male teacher could be discriminated against. I was glad to see pregnancy and public schools listed. I know many teachers put off having children to get their degree, they don’t want to wait too long to have children. Many employers won’t hire someone because they are pregnant because they might be leaving soon. This year we had a teacher start and she was pregnant, we have also had several pregnant teachers that have had a lot of support from staff. We even had teachers last year that co-taught so they could work half the week and the other teacher could work the other days. It allowed them to be home with their babies more. One thing that really reached me was under changes under the reauthorized Americans with disabilities act where they mention Lupus. I was told two years ago that I carry the Lupus gene and it could affect me at any point. It’s good to know I would be protected against discrimination.
ReplyDeleteIn response to Kim M. I was really glad that she brought up about men in the work place. There are not enough good men role models for our children. Many of these children don't have males in their lives and could use to see that they can learn and teach. Male role models might be of help to those children that don't like to address women as role models. It could help keep them out of trouble.
ReplyDeleteWhen I heard that we had to do these Law Modules for all of our methods courses, I wasn’t really looking forward to it. I’ve never been a huge fan of legal jargon but once I got into the book, it actually wasn’t too bad. There were still a lot of terms that I wasn’t familiar with but I was able to pick out the important parts and I enjoyed reading Chapter 9. Sadly, discrimination is and always will be a part of our world and that’s why it’s definitely important for us as future educators to know the things that are acceptable to do and the things that could land us in court. I was surprised to find that the ADA Amendments Act was only established in 1990. When many people think of discrimination, they automatically think about race/ethnicity so I was happy to find that discrimination of other things like age, pregnancy and religion are supported by the law as well. It blows my mind how many teachers have been caught with their students in compromising positions. It makes me wonder if the system of recruiting teachers is somehow flawed. I learned a lot of valuable information in this chapter and the practical tips at the end reiterated the important things that all teachers should know and practice.
ReplyDeleteIn response to Kristle C,
ReplyDeleteI was shocked to read what you posted about your brother’s 5th grade teacher! I can’t believe that she actually did that in class! Although it sounds crazy and people think it could never happen, I’m sure there are many cases of sexual harassment that happen everyday. Some people might not even know that what they are doing is technically considered harassment. It’s pretty scary and that’s why this book and knowing about how the law affects us and protects us as future educators is so important.
This comment has been removed by the author.
ReplyDeleteThroughout Chapter 9, my eyes were opened to the concepts and ways of discrimination. Some I knew some about, or was at least introduced to, some I didn't know at all. I particularly was interested and informed in more detail on the sexual harassment side of discrimination. This is important to not only understand the terms of, but to realize that it DOES happen and to not be afraid to stand up for yourself if it occurs within the workplace. Especially working with students, I think it's always important to show them what's right and wrong and to do for yourself what you would want them (the students) to do or not do. With that being said, I also feel that it's crucial to a beginning career to not make things more complicated then they need to be-meaning, be aware of the laws, but to come to the realization that when we first start teaching we are not going to know everything and not always know what to do-including the laws. For this reason, I am very glad I purchased this book and can reference back to it in the future. Just like the standards, I may not have the exact words and procedures memorized, this book will help with that. Along with the book, I think it's important to continue to do right by my future students, always. I do not want to discriminate within my future classroom and I do not want them (the students) to discriminate in any way, shape, or form. I think it's important to implement these ideas with our future students so they understand some things are not okay. At home, they may not always gather this information. It's crucial that all students get treated and treat others equally, for their future, as well as others.
ReplyDeleteChapter 9 in the Law book covers discrimination. I found the reading a little overwhelming but also comforting. It talked about sexual discrimination and how it keeps increasing even though more and more cases are being won by those discriminated against. Proving that employment was given to someone else because of discrimination is a heavy burden and hard to prove. I found it interesting that mandatory retirement age was completely abolished with the exception of firefighters and policemen. The Supreme Court supports mandatory retirement age for police officers because of the rigorous physical demands of the job. In regard to sexual harassment the book reminds us that the person must make it clear to the person in authority that the advances and/or inappropriate behaviors are not welcome or wanted. I think this might be very tough for the person who is being harassed to stand up and state, but it is consistent with the hierarchy of much of the professional world, speaking to the person first before going to the level above.
ReplyDeleteIn response to Tammy,
ReplyDeleteI feel the same way about pregnancy within the laws. I find it ironic that it seems a lot of teachers I know will have babies in the summer time. I am glad to know that in the future, if and when I decide to have children, there are benefits and laws that will allow me to have my own personal time and efforts with my child, as well as have my classroom students be productive and have a maintained positive attitude. It's always nice to know that someone in any system has your back and will support your ideals and beliefs, such as having children. Most teachers, at some point, will and do have children, therefore, this is ideal to know and understand (pertaining to the law regarding pregnancy)
Kim M.~
ReplyDeleteI too am concerned about entering the workforce at a later time in life and hope that I will not be discriminated against! I think it would be very hard to prove that.
Discrimination is a touchy subject that we need to familiarize ourselves with. Although some of the text went outside my legal jargon knowledge the chapter covered items that I was not familiar with. I was not aware of the Pregnancy Discrimination Act. As a mother this has been an important bit of legislation that has made a big impact on our family. I cannot imagine not having my job or loosing it only because I was pregnant. The biggest astonishment was that is was not passed until 1978 which would have affected my mother. The most helpful part was the practical tips at the end of the chapter. As future educators we need to be aware of what is out there.
ReplyDelete@ Kim
ReplyDeleteThank you for posting your comment about age. I think it is wonderful that you are going back to school. I too am taking the risk and entering the force later in my career. I am believing that it will have a positive outlook as I am seeking a job. I'd like to think that as moms we have a lot of experience to offer. :)
As many other fellow classmates have commented, I was not at all excited to dig this book out once again. However, I do understand the importance of knowing the ideas and laws presented in these chapters, and I hope that I will be able to perform my job better in the classroom knowing what I’ve learned from this school law book. Because I am an older student, much of Chapter 9 was not new to me. Discrimination in Employment is treated much the same in the world I’ve been in prior to pursuing this career. However, I was not aware of the fact that teachers were once forced to retire when reaching a certain age. That was surprising to me. I also did not know that employers are required to make accommodations for employees’ religious practices. I’m not sure what those might be, but I’ve never even heard of this law. I was not surprised that the sexual harassment section was so lengthy. I was even uncomfortable reading it, so I can’t imagine being in such a situation. There is so much involved in that discrimination area, and I think this very detailed section of the book helps us all to remember our rights and to also behave in a way that avoids and prevents these types of situations completely.
ReplyDeleteIn response to Jena:
ReplyDeleteI had never really thought about the dates of these laws until you mentioned it! I also love the Practical Tips section of “Do” and “Do not”. While the content in this book is a bit “dry,” I do think the book is very important to try to understand some of the legal issues we may come across in our future careers. And, as you said, documentation is the key! Document, document, document!
As many of my classmates, I was not overly excited about starting this book. I will say that I felt enlightened on many of the protection acts listed in the book that I was unaware of before. I personally have never dealt with a discrimination situation in the work place but I know I need to be aware of all of my rights as well as how any of my actions can be taken in a negative way. In my opinion you can never be to careful now a days because so many people are so quick to sue. I think even the most innocent comment could be twisted into negative harassment in some way by someone. In many of my other classes my teachers have stressed how we should not post anything on the internet for others to read about our future students or colleagues. They also stress confidentiality but I think it all ties into the fact that you can’t be too careful in todays world so it’s best to just be overly cautious.
ReplyDeleteBetsy,
ReplyDeleteI wasn't very excited about this book either but like you said, I do realize the importance of it. I feel like this vast amount of information is only going to help prepare and inform us on things we should and should not do when we begin teaching. Like I said in my post, you can never be to careful anymore with anything you say so I'd rather know my limits and rights than be clueless and sorry in the end! I was also surprised by the part about religious practices. I feel like I hear "religion has no place in the work place" so often I didn't realized employers had to do this. Lots of new interesting information for something we didn't want to read :).
I was not looking forward to having to read this book. Law terms to me tend to go right over my head, but I do understand as an educator we need to know these things. Discrimination is still present today and I am sure that some people will still discriminate towards people when they are hiring, so I feel knowing about the rights of discrimination towards hiring are important to know. Some of this chapter I felt like I had heard it before while in other classes, but didn't go in depth with it until this chapter. One item I didn't know about was that teachers used to be forced to retire by a certain age, but now the Age Discrimination in Employment Act of 1967 forbids forcing teachers to retire after a certain age. I think the Family and Medical Leave Act is a good act to have enforced because people do have medical emergencies.
ReplyDeleteShannon H,
ReplyDeleteI agree that you can't be too careful these days. I remember when I was in elementary school I had a teacher who liked hugs. These days hugging a student can lead to problems. My classes have to mention the internet and paying attention to what you post on there. I feel we are coming into the education world have to really be on our toes.
I find law somewhat interesting, so I was looking forward to reading the book (again as I read it in a previous class as well). Chapter 9, about discrimination is very interesting. There are many laws about discrimination, however there are also many loop holes. While laws are set in place, it is difficult to stop discrimination because it can be very discreet. Just as someone said above, discrimination will always be around. Controlling it comes down to teaching our children not to discriminate and being responsible for our own actions. I am extremely thankful for those laws that are in place that minimize blatant discrimination.
ReplyDeleteMost of this chapter in the law book was a review of things I have already learned. My mother is an HR director so I regularly hear about issues and laws on things like FMLA and discrimination from her. One thing I didn't realize was that schools used to require teachers to leave at a certain point in their pregnancies under the assumption that they would be unable to perform their duties due to their condition. As a mother and future teacher I am very glad to know there is now a law to protect us from ridiculous policies such as those.
ReplyDeleteKymberly R., I completely agree with you that children need to be taught to take responsibilities for their own actions. No matter how many laws we enact or punishments we dish out, there will always be some people mistreating others. If we all learned to do the right things on our own we wouldn't need laws. I realize, though, that probably won't ever happen. None the less, I still feel it is a worthy goal to shoot for.
ReplyDeleteIn response to Carrie H.,
ReplyDeleteYou said, "Proving that employment was given to someone else because of discrimination is a heavy burden and hard to prove." I completely agree with you. It is difficult to prove something such as this and therefore it is important to teach our children and student how to respect others and treat people fairly. I enjoyed reading your post!
Like many of my classmates I wasn't excited about beginning this book. However, it is important that we know our rights as employment seekers. I found this chapter to be very informative about the laws that protect me from being denied employment because of my religion, gender, race, or my age. The law I was least familiar with in this chapter was the Pregnancy Discrimination Act of 1978. I know many women teachers who have been pregnant at some point during the school year, taught up to their due date, went on maternity leave, and, depending when they gave birth, would return to teaching before the school year ended. I always wondered about how the rights of pregnant teachers came to pass; maternity leave and job protection.
ReplyDeleteChapter 9 was all about discrimination. I felt like much of this chapter was review or simply common sense. Even though it seems like common sense that employers cannot discriminate based on age, race, sex, or religion, these things do happen. It is important to know and understand these laws in case I am ever discriminated against. Some things I learned from this chapter were about the Pregnancy Discrimination Act and the Family and Medical Leave Act. I knew women were allowed maternity leave, but did not know how long that was. I also did not know that the same amount of leave could be applied to other health issues. The one thing I found frustrating about the reading is that it is so hard to prove discrimination. A person could be obviously discriminated against, but if there is not strong proof, nothing can be done about it.
ReplyDeleteIn response to Elizabeth –
ReplyDeleteI also did not know and was shocked to find that women used to be required to leave their jobs due to a pregnancy. I am not a mother, but do plan to be some day so I’m certainly glad there are laws to protect me in the future.
I was familiar with many of the rights in Chapter 9, “Discrimination in Employment,” but learned a lot about how they specifically applied to teaching. Currently I work in retail management, and am responsible for about half of the work in regards to hiring new employees. Because of this I knew a lot about many of the rights that were listed in Chapter 9 and about how employment could not be denied for discriminatory reasons. However, there were a few things that were different when applied to the teaching profession. The section on age discrimination really surprised me. In retail, I have many times come up against situations where older employees did not want to listen to me or did not take me seriously because I was in a position of authority, but was still very young. So I was surprised to read that at one time mature teachers were “forced out,” and made to retire simply because they reached a certain age. It seems to me that these teachers would be the most experienced, with the most to share. Another section that really surprised me was the section on sexual harassment. It is unimaginable to me that until 1980 there were no laws that prohibited sexual harassment from the work place. How uncomfortable a working environment that must have been! It also surprised me that sexual harassment complaints have continued to rise. Many employers require that new employees take some sort of sexual harassment training prior to beginning employment, so I don’t think a lack of awareness is to blame. Perhaps people are less afraid of retaliation? Whatever the reason for the rise in complaints, maybe this is actually a sign of improvement, because maybe incidents are now being accurately reported. I also really enjoyed the “do’s and don’ts” in “practical tips.” To me, that perfectly summed up how it applied to me specifically and highlighted all the important things I need to remember. Overall, I “think this is a great resource to refer to if the question of discrimination ever were to come up because it so clearly states the right awarded teachers under anti-discrimination laws.
ReplyDeleteI have to be honest when I say I wasn’t that excited to open up this book…I want to be an elementary teacher not a lawyer. I do think that the chapter over discrimination in employment is a very important deal. As future teachers, we are all getting ready to go out into the workforce and try to find a job and if we feel that we are being discriminated against we need know the laws and how to fight for our rights. Most of the information was pretty basic, we all have seen them outlined on the board at work, and learned about them in school. The one piece of information that I found interesting was that section on age discrimination. Most of us think about the older people that are being denied jobs, but under the law no person over 40 can be discriminated against. I found this startling that people under this age is not protected. I have often wondered if I will be discriminated against because of my age and inexperience once I go to apply for jobs. I say this because I will only be 22 when I start looking for a job, (but I look 17 years old). I hope that the person hiring me will not think that I am incapable of running a classroom because I am younger, because then I’m not protected under the law. (It would be impossible to prove because all they would have to say is that I was that I didn’t have enough experience.) Finally I think the most valuable part of the chapter is the section over harassment. Harassment is a very big deal in schools, as teachers we work every day to teach our students that harassment/bullying is unacceptable and will not be tolerated. It’s important that we know this law, so that we can teach our students about the negative repercussions of their actions. Finally as much as we all hope that we can work in a professional work environment, sometimes this is not the case. As adults we need to make sure that we take (sexual) harassment serious and report it, so that we can set a good example for our students.
ReplyDelete@Shawna
ReplyDeleteI too was repulsed by the paragraph about the sexual harassment of students by school personnel. I think we underestimate how often this kind of harassment occurs and goes unreported. We need to inform our students about what constitutes sexual harassment. I also think we underestimate the occurrence of sexual harassment of teachers by students.
@ Jennifer P
ReplyDeleteI have also come up against where someone thinks I am less competent because I am younger. I think it's one of those things that people don't really think of as wrong, even though it is still a form of age discrimination. Most people understand it is wrong to discriminate against someone for being older, but many times don't apply that same logic to someone who is younger. The good thing is, that usually with most people you are able to prove yourself and move past that.
In response to Lindsay S.:
ReplyDeleteI also found it very bazaar that teachers would be forced to retire. Most of the job of teaching doesn’t require manual labor so there’s no way they could say that the teacher couldn’t perform her/his duties. I would understand if the teacher was starting to have some forms of dementia or other mental abilities that impeded their teaching. But in my experience older teachers are very sharp, and are very capable of their job because of their experience. I think teachers know when it is time for them to retire, not because of age but because of emotion and understanding of their students. The one factor that I have seen in schools lately is that some of the older teachers are being pushed out because of the changing technology and teaching methods. It is if you’re not willing to change than we’re going to replace you with a younger version that will use the equipment. I have mixed emotions to this because these teachers have successfully educated thousands of students in their years but, they have to teach the students now how to survive in this world; which is very technological orientated.
Law Module Chapter 9
ReplyDeleteAfter reading the chapter over discrimination I realized there is a lot of fine print embedded in the laws that I did not truly know before. For the most part all of the information that was provided seemed to be quite obvious such as sexual, racial, and religious discrimination is not permitted under any circumstances but then I got to reading about discrimination against persons with disabilities and I had never honestly thought about this in relation to education. I would assume this stems from the fact that I have never experienced any kind of contact with a person with disabilities (visually seen by myself) within the education system. Then the text explains that disabilities could have to do with persons with disabilities that “cannot be seen;” whereas a person may be on medication for a specific disorder and no one would ever know. It was interesting to read about what exactly is considered sexual harassment also. When I think about sexual harassment I think about the more obvious signs such as inappropriate physical conduct and degrading comments. I did not think about “prolonged staring at a person” as being considered sexual harassment. It makes me physically sick to think that sexual harassment of students by teachers even exists. The information provided in this chapter is very important information for any person going into the field of education to know.
In response to Rebecca B-
ReplyDeleteI felt the same way you did when I learned that we would be studying a book about law! After reading the chapters although I feel it is very important information for any going into the field of education to know. I also found the section on age discrimination to be quite interesting. I had no idea that until 1978 teachers could be forced from their jobs at the age of 65 and then the age was only raised to 70! I believe the amendment added to the law in 1986 eliminating the age limit completely is quite relevant to this day and age as people are living longer healthier lives more now than ever before. If a person is completely capable of full filling the duties of their job there is no reason the person should be removed from their position.
After reading Chapter 9 I was very surprised at the many different ways people are discriminated against in the school system. I was completely unaware that they even had a Pregnancy Discrimination Act of 1978. Which basically says that no woman can be let go because they are pregnant. As a young woman, I hope to have children in the future and it is nice to know that there are policies put in place to make sure that discrimination is avoided.
ReplyDeleteIn response to Allison G-
Although it seems that most of the information in Chapter 9 was common sense, I do think that some people are just unaware of the different ways people are discriminated against.
This was a good chapter to read. Discrimination in employment is a huge issue. Along with that I really enjoyed reading about the sexual harassment. With my dad being a teacher and knowing so many teachers I have heard numerous occasions where a teacher has been messing around with students or teachers harassing other teachers. This is just wrong and it can get you into so much trouble. It is not worth it to get into that. Especially with a student! you will loose your license in a heartbeat.It is just not worth it!
ReplyDeleteRebecca B.
ReplyDeleteI wonder if I will be discriminated against because of my age as well. I know sometimes I still walk into a building to get something and people look at me like I am to young to be here or doing this. I hope that I do not run into discrimination when I am trying to get a job teaching!
I think it is so interesting to read about how different types of people groups are discriminated against not just because of heritage but also because of the way they were born or the things they have been through. None of it is fair or good. Even looking into pregnancy as a means of discrimination. Many young girls who become pregnant in high school are looked down upon by other students as well as by teachers. It is a huge problem that we face daily in schools as well as out in the rest of our lives. Discrimination is everywhere we go, it is our job to join in or act upon it and make a change. At the end of the chapter the tips were also very good and interesting. It is important that we feel confident enough to address issues that arise even if we are unsure. It is better to be wrong and let someone know that to be right and not say a word.
ReplyDeleteIn reply to Kymberly R:
ReplyDeleteI agree that there are SO many loopholes but then again I don't know how to make something that has no loopholes at all. I also appreciate what has already been done to help with discrimination. I hope that we never lose the urge to help out!
Tessa W.-
ReplyDeleteI also agree it is interesting to look at all the people who are considered discriminated. It is so important to look at them as a person first and then their skin or disability second!
To me discrimination is a very nasty word. It doesn't matter the skin color or disability. People are who they are when they are born and you cannot change that! I remember working as a Para two years ago and the school was divided; white and Hispanic. It seemed to me that we stuck with our own race and "hung" out with our crowd and didn't associate with the other group outside of the classroom. I don't think this is right, but what can you do?
ReplyDeleteThis module had some interesting information in it. Discrimination is something that will always exist. There is nothing we can do about it no matter how hard we try and it is just part of us as humans. Sad but true. It does happen a great deal in school systems and I am surprised about the comment where men are hired in the elementary schools over women. When I was in elementary school I don't remember it being like that at all. I believe there were only 2 in the school I was in and I am from a fairly large city. I don't understand either why older people aren't selected over young teachers. I can respect both sides of it, but I honestly believe we still need veteran teachers! They have so much knowledge. This module gave me great insight on what I can do and how I will be protected as an educator.
ReplyDeleteIn response to Lindsay S,
ReplyDeleteI agree with you on how crazy it is that before 1980 there were no laws on sexual harassment. Look at everything we have now to protect us and it is still going on every day. I can't imagine working before then and having to be miserable at work with nobody to help out.
I have some much to say about these topics. I have personally experienced discrimination and sexual harassment. First, I am glad that we have been directed to such an excellent resource as the Law book. I must get a hardcopy instead of just a e-book. Second, I am so glad that the light has revealed these dark problems for change to happen. Thirdly, most of my experiences have been within the last year to 25 years. It is sad to say Iam not surprised by what has been shared. Fourthly, My proposal for English Comp 2 was about Sexual Harassment. This very assignment is like my idea about educational intervention to help awareness. I am not sure which personal experience to relate to the class. I was working at a restuarant after high school. I observed the application process for their hiring policy. They had a small volunteer section on the application about height, weight, and race. I was there when management went thru the applications throwing away ones of fat girls. I was amazed then one of the managers starting questioning who hired me. I let her know that the owner hired me. She said we don't hire fat girls here. She said I don't know how you got hired. This treatment lead to me leaving that job.
ReplyDeleteKatie C
ReplyDeleteYour reference to age discrimination. My parents have been going thru that for the last 5 years. It is very sad to see them just give up then fight. My mom was a nurse for over 30 years. She was released just about two years before retirement. Now, they live on social security but due to not completing those last two years. They receive a lot less money per month. She was such a great nurse some patients even protested for her return one fasting until she returned. She had to start visiting those patients for them to start eating and living again.
Discrimination is something I believe is very serious, I believe we can all say this. I think it's a great idea that we have to read this book about all the different laws in the workplace. These things are very serious and will continue to be because I do not believe they are going to end anytime soon. Discrimination and sexual harassment are two very important subjects in and outside the workplace. One thing I really found interesting was the dates that things were put into action. I can't believe how recent some of them were. For instance, the Family and Medical Leave Act was adopted only in 1993. That is not that long ago. Hopefully we see more and more changes, for the better when it comes to laws. Hopefully eventually, there will not such a thing as discrimination and sexual harassment found in the work force; something big to wish for!
ReplyDeleteTracy P--Thank you for sharing your personal experience with us. It lets us know, that this done goes on. That is horrible about your old job but the sad thing is, is I am sure this happens all the time we just don't know about it. I think it was very brave of you to stand up and quit.
ReplyDeleteReading through this chapter got me thinking about treating each student without favoritism. I think that in some ways, there will be times when you treat students differently because of their personalities, but also I think that showing favoritism is kind of a way of discriminating. Also got me thinking about limiting a child. Looking at an individual and assessing them thinking this is as far as they can go is like taking away something very precious. As teachers, it is our job to not only increase knowledge in students but push them to accomplish their goals and beyond in education. We may not know what their goals are but I think you understand what I am trying to say. Pushing them beyond a difficult point that they thought they would never accomplish.
ReplyDeleteTessa,
ReplyDeleteIt is our job to teach against discrimination and act upon it. We can stand up for it and make efforts to eliminate discrimination.
Chapter 9 law module discussed discrimination in employment. This handbook will be a very helpful tool in the professional world. Chapter 9 took a few pages to discuss discrimination into sections and went into detail about each type of discrimination. Discrimination is a term that is becoming more widely known. I am familiar with the more popular discriminations, such as ADA, racial and sexual. The book offered explanations on religious, pregnancy, and great detail on sexual harassment. In reading through this module I couldn’t help but wonder where our world is headed or where is has been for that fact to have a book to protect us in the work place!
ReplyDelete