¶ … role U.S. Constitution U.S. legal system business regulation. Find discuss a recent news story, workplace, demonstrates a Constitutional affects a business legal system ( court system administrative system) respect recognizing / protecting. The role of the United States Constitution and the U.S. legal system in business regulation The...
¶ … role U.S. Constitution U.S. legal system business regulation. Find discuss a recent news story, workplace, demonstrates a Constitutional affects a business legal system ( court system administrative system) respect recognizing / protecting. The role of the United States Constitution and the U.S. legal system in business regulation The Constitution of the United States and the national legal system represent the backbone of the American life and culture.
They issues and safeguard the rights of all people and they provide regulations for action and behavior for all those in the country. The Constitution and the legal system as such have immense ramifications, meaning that they come to impact virtually all sectors and domains, including the business scene. One example in this sense is observed at my current employment place, which is a small size company that provides accounting services to small and medium sized firms in the area.
The organization was established three years ago and it still struggles to break even and become profitable. It as such requires the constant attention and dedication of all staffs, which have to be responsible and committed to attaining the organizational objectives. The employees are as such asked to work longer hours, which are often unpaid. They are even asked to come in during holydays, request which has recently materialized in a legal problem at the firm.
On the 24 of March 2012, the appurtenants to the Philadelphia Church of God celebrated the First Day of Sacred Year, with their belief that the New Year commences in spring, with the first equinox (Sacred Calendar). One of the colleagues in the office belongs to this religion and as such subscribes to this belief. She had nevertheless never indicated this belief sooner, nor had she stated anything about her religion. She was a hard worker, a team player, but a private individual in regards to her private life.
On the 22nd of March 2012, she told our manager that she would not be working on the 24th, which was anyway a Saturday; we had however been called in to work due to the need to complete the accounting processes for the upcoming end of the first quarter of the fiscal year. Upon hearing that she would not be coming to work, the manager became aggravated and our colleague explained her religious reasons.
The reaction of the manager threw the office in amazement, when he patronized the celebration of the New Year in March and said "Why can't you be like the rest of the world? New Year's Eve was in December, we are ALL working on Saturday!" With that, and in a moment of heath and aggravation, the manager belittled an entire religious belief and shuttered the morale of a valuable employee.
Our colleague showed up for work on the 24th of March, but filed in a complaint to state that she had been discriminated against. As basis for the complaint, she used the First Amendment of the United States Constitution, which states that the people in the country are free to profess any religion they like and that their religious rights are not to be broken.
Additionally, she also relied on the seventh title of the Civil Rights Act of 1964, which states that the people will not be discriminated against within the work place based on criteria such as religion, gender, race, color or national origin (Environmental Protection Agency, 2010). Normally, the dispute could have been solved between the employer and the employee; however, our colleague felt that the manager was unreasonable. In other words, based on his latter reaction, our colleague felt that she could not reason with him on the topic of religious discrimination.
She as such filed a formal complaint with the South Carolina Human Affairs Commission, which is a local institution specialized in receiving employment complaints. The intermediary institution delegated an investigator to discuss the situation incurred by our colleague and to identify if there is ground for a formal complaint. The investigator found that there were indeed grounds for religious discrimination and unfair treatment of the employee and helped our colleague to file in a formal complaint.
Our colleague then filled in the special forms and had her complaint sent further to the United States Equal Employment Opportunity Commission; here, the complaint would be processed under the Title VII of the U.S. Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990. Also, a decision would be made regarding the future course of action. Traditionally, there are two types of solutions implemented in these cases, namely mediation and investigation (The Official Website of the State of South Carolina).
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