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Equal Employment Opportunity
The modern history of employment equity begins with the Civil ights Act of 1964, which extended employment equity rights to Americans regardless of gender, religion, national origin, race or color (National Archives, 2014). The CA was, in essence, fulfilling the promise of the 14th Amendment, which introduced the idea of equal protection under the law. Employment in the United States is typically governed under the doctrine of employment at will, which grants employers considerable leeway in firing people, but the CA established that people needed equal opportunity and protection regardless of the state outward characteristics. This paper will examine the history of equal employment opportunity and the moral and ethical dimensions of this concept.
The Civil ights Act of 1964 did not invent the concept of employment equity, but it has proven to be the foundation of modern equal employment opportunity. The text of that law,…… [Read More]
Equal Employment Opportunity & HM
easons for not hiring pregnant women
Models exhibiting wrestling apparel need to have ideal physical characteristics and attractive body structures, for they are often required to wear appealing costumes like bikinis. A model wearing bikini is required to have the ideal proportions of muscle and fat on the body, along with an attractive body structure that has features of outstanding feminism.
A number of arguments in the recent past have tried to identify the characteristics that determine the ideality of physical shape and characteristics of a bikini model considering aspects of healthy looks and attraction. A number of bikini models are accepted with a number of different body shapes and characteristics. Ideally, the models should have a narrow waist, while bust and hips should be comparatively wider. The proportion of these features determines which shape the body of the model has: hourglass, pear, apple of…… [Read More]
" (Kepple, 1995) Kepple questions if affirmative action is "really doing this" and states "the answer is no." (Kepple, 1995) Kepple states that affirmative action makes the assumption that 'Everything can be solved by lumping whites, and men in particular, all of whom have supposedly achieved some kind of tangible advantage and benefits from the color of their skin alone, into one group. Non-whites, all of whom are assumed to be the victims of the aforementioned group because the white males were obviously all attempting to hinder the non-whites in various ways constitute the second group." (Kepple, 1995)
The work of Dean Elmuti (1996) entitled: "Revising Affirmative Action and Managing Cultural Diversity Challenges in Corporate America" states that management of cultural diversity in the workplace in combination with "attempt to abolish affirmative action are emerging as some of the most important issues facing American business in the 90s. Affirmative action…… [Read More]
Equal Employment Opportunity & HM
In this short essay, we will explore the implications of the Americans with Disabilities Act, Title VII with regard to religious discrimination, reasonable accommodations and EEOC procedures. Such regulations can be difficult to administer and can backfire in lawsuits unless H professionals understand the laws, regulations and how to facilitate their observance. By properly doing this, embarrassing and expensive lawsuits can be avoided and EEO policies can be administered effectively and more satisfactorily for all concerned. In this way, diversity can be an important company asset and not a financial liability.
Equal Employment Opportunity Act
The Equal Employment Opportunity Act is designed to protect U.S. employees from employment discrimination based upon the employee's (or applicant's) color, race, sex, religion, or national origin. It prohibits employers from discrimination in employment based upon race, color, religion, sex or national origin in a comprehensive set of regulations…… [Read More]
features of a major area of law. The second part of the scholarly paper presents a thorough review of an organizational problem based on the rules and regulations presented in the first part of the research paper.
The reference page appends twelve sources in APA format.
Equal Employment Opportunity and Anti-discrimination Laws
The academic world as well as the world of profession and occupation offers uncountable options in the form of innumerable areas of study, review and critique. The world where we live in thus needs to provide equal opportunity to all for this is the world where souls thrive and excel by being successful in different areas of study. Apart from various areas of study and scrutiny including psychology, physiology, chemistry, biology, botany, physics, general science, general knowledge, computer sciences, management, marketing, mathematics and several languages, law is one of the most thriving, ancient and popular as well as…… [Read More]
Human resource management is one of the essential components to the competitiveness of global firms. Corporations that perform exceptionally regarding human resource management tend to integrate strong discipline in their people with attention to strong social capital (developing networks and relationships within the organization). The multiplier impacts of this combination generate inimitable conditions for people management, which in turn drives employee engagement in the global context. The following study focuses on the historical and current trends in human resource practices with a great focus on global HM, equal employment opportunity and compensation and motivation. The emphasis will be laid on their influence on the management of international employees. The study will highlight the major aspects emerging from the three areas of focus. It will provide an extensive detail from real case examples of companies in the global field by examining major HM practices including global HM, equal employment opportunity, and…… [Read More]
Women and Work
Over the last four decades, women have entered the workforce in greater numbers than ever before. At the same time, they have pressed for equality with men in terms of level of achievement, promotions, and pay, generally lagging behind because of discriminatory payment practices and a so-called "glass ceiling" that prevents them from advancing as far as they might. The issue now is how far have they come and do the current statistics on the employment of women show progress?
Efforts to protect women in the workplace extend back at least as far as the 1920s. Minimum wage laws covering women and children were enacted in fifteen states, the District of Columbia, and Puerto ico between 1912 and 1923. In 1923, the U.S. Supreme Court ruled in Adkins v. Children's Hospital that the District of Columbia's minimum wage law violated the right of contract under the due…… [Read More]
Economic Motivators for Employers on Employment ates for People With Disabilities in Atlanta
Definition of Disability
Statistics for Individuals with Disabilities
Effects Of ADA On Persons With Disabilities
Economic Motivators for Employers Hiring People with Disabilities
Factors Affecting Economic Motivators for Employers
Lack of Information and Knowledge egarding Economic Motivators
Misconception about Individuals with Disabilities
Inaccessible Hiring Strategies
Conflicts with Existing Programs
Lack of Appropriate Planning and Difficulties in implementations Economic Incentive Programs
Unemployment Among People with Disabilities
CHAPTE III: METHODOLOGY
Selection of Participants
Complete description of the esearch Participants
Type of Sampling
Appropriateness/rationale for use in the study 53
Ethical Consideration 54
Data Analysis 55
Qualitative esearch Analysis 55
Quantitative esearch Analysis 57
The esearcher's ole 58
CHAPTE IV:…… [Read More]
Advice is given to supervisors on how to correct poor appearance and employee misconduct. In these instances, progressive guidelines and other requirements must be taken into account the completing disciplinary actions and in resolving employee grievances and appeals. Information is given to employees to encourage a better understanding of management's goals and policies. Information is also given to employees in order to assist them in improving poor performance, on or off duty misconduct, and/or to address personal issues that influence them in the workplace. Employees are told about appropriate policies, legislation, and bargaining agreements. Employees are also directed about their complaint and appeal rights and discrimination and whistleblower safeguards (Employee elations, 2009).
Preserving a positive, productive work environment is significant for all managers. This is often accomplished by engaging in: mentoring and coaching your staff, regular feedback, including annual performance reviews, open and honest communication regarding group, unit and university…… [Read More]
Representative Rosa DeLauro first introduced an identical bill in the House of Representatives on the same day. These Congresswomen have introduced identical legislation in their respective chambers annually since 2005. The Act was most recently introduced on March 6, 2007. (Absoluteastronomy.com, n.d.)
The Congress did not ignore the EPA's economic consequences on the salaries and employment opportunities for both men and women. First, as an amendment of the FLSA, the EPA is part of the same legislative structure that houses the federal minimum wage laws. The EPA acts as a wage equalizer between men and women for equal jobs, and has the potential of acting as a price floor on the salaries of men or women for particular jobs. As such, the EPA had the potential of causing some of the same problems observed by minimum wage laws: unemployment, and additional discrimination. (Absoluteastronomy.com, n.d.)
From the EEOC's initial enforcement…… [Read More]
Deliberate discrimination may be to blame -- in part. But companies can also make it easier for women to balance the challenges of work and family life in a more effective fashion, given that these responsibilities often fall disproportionately on female shoulders. Providing day care for women, allowing more flexible work schedules for employees, as well as diversity and sensitivity training are all necessary. Encouraging female mentorship programs to undercut the influence of the still strong 'all boys network' of promotion is another critical move to shatter the ceiling.
Equal Pay and Compensation Discrimination." 1(Oct 2007).
The U.S. Equal Employment Opportunity Commission. Retrieved 13 Dec 2007. http://www.eeoc.gov/types/epa.html
Kennedy, John. (10 Jul 1964). "Remarks upon Signing the Equal Pay Act."
The American Presidency Project. Retrieved 13 Dec 2007. http://www.presidency.ucsb.edu/ws/index.php?pid=9267… [Read More]
Presence of minority groups at a workplace
At work places, individuals are being discriminated on the basis of being a minority. Structural theory states clearly there is always a consequence for being the minority. This theory is in relation to three known token dynamics which include; it leads to contrast effect that leads to social isolation, it has the element of visibility that results to performance pressure and it also results to stereotyping or role encapsulation (Bell, 2007). Discrimination may be as a result of the individual (from the minority group) being scrutinized to find out whether he/she is capable to excel in whatever he/she is doing. From this theory, an individual whom the public does not associate his/her presence with a certain kind of work is more doubted than a person whom they have faith that he/she can handle the work. For example, a woman with mechanic skills can…… [Read More]
These figures dwarfed what other big businesses paid for discriminatory practices. These businesses included Texaco, Inc.; Shoney's, Inc., Winn-Dixie, Stores, Inc.; and CSX Transportation, Inc. Critics saw Coca-Cola's settlement as signaling a major breakthrough among big businesses as coming to terms with diversity in the workplace (King). ecause the company has been a leader in many areas, these critics regarded it as setting an example of greater openness to promotions across races of employees (King).
Settlement terms included $23.7 million as back pay; $58.7 million as compensatory damages; and $10 million as promotional achievement award fund distributed to the complainants. A remaining $20 million went to attorney's fees and $36 million to the implementation of internal program reforms. Coca-Cola would also create an external, seven-member task force to insure that the terms were complied with and to oversee the company's diversity efforts (King).
According to Social Networks. - Connections in…… [Read More]
This can also lead to feelings of inadequacy and low self-esteem.
It is also noted that religious discrimination can be both overt and covert. Overt discrimination is a more obvious form of discrimination, such as name -- calling and physical intimidation ( Perceived eligious Discrimination and its elationship to Anxiety and Paranoia among Muslim Americans). Covert discrimination is often more insidious and psychologically harmful in that it is suggested by innuendo and veiled remarks that are often less able to be attacked or defended against.
It is also claimed that continued stress as a result of discrimination can lead to mental health problems such as depression and anxiety. However, there is a paucity of research in this area; for instance, "Although the effects of discrimination and hate crimes among various minority member's mental health is documented, no research to date examines the correlates of perceived discrimination among Muslim Americans" (Perceived…… [Read More]
Equal Pay Act: Difficult but Essential to Enforce
According to the federal Bureau of Labor Statistics, in 2009, women made about 80% of what men of the same race performing the same jobs did. Historical data from the BLS (and this is consistent with other sources) demonstrate that things have improved little in terms of pay equity for women over the past half century or so (Bureau of Labor Statistics, http://data.bls.gov/cgi-bin/surveymost ). This is true despite the fact that in 1963, the Pay Equity Act became federal law in 1963. It is nearly impossible not to consider this law a failure in its effects given that so little has changed. (One might argue that things might have gotten worse for women absent this law, but this argument seems at least primarily specious.)
Congress enacted the law, which amended the Fair Labor Standards Act, for a number of reasons, including the…… [Read More]
Human esource Management Policies of Wal-Mart
Employment Law Wal-Mart
Human esource Management Policies of Wal-Mart
Wal-Mart is a large scale multinational retailer that employs more than 2.2 million employees in 27 countries. The management of this large workforce requires it to implement effective human resource management and employment relations policies at its workplace. Wal-Mart believes in effective recruitment and selection process in order to fill the vacant job positions with the most talented and skillful employees. It uses one way and two way virtual interviewing techniques in order to minimize its heavy recruitment and administrative costs. Wal-Mart generally fills its vacant job positions from the industry through fresh graduate induction and experienced professionals. It trains them through different methods in order to make them learn the most advanced knowledge related to their job responsibilities.
The Wal-Mart workforce consists of individuals from different cultures, nationalities, and races. In order…… [Read More]
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…… [Read More]
Problem to be address is balancing avoiding "negligent hiring" while at the same time complying with the EEOC and other agencies and groups, both ethically and legally, when it comes to discrimination against those with a criminal past
The upsides of not hiring people with criminal or other challenged background
Avoid negligent hire situations
Better chance of avoiding theft and other negative outcomes
The case for giving people a "second chance"
Some people truly want to redeem themselves
A prior record should not end one's career chances
General compliance and other concerns when it comes to the matter
Accusations of discrimination
Scrutiny from EEOC, etc.
Best to take an even approach
How recent is the offense/transgression
c. How major/severe was the transgression
d. Incentives from government to provide chance at redemption
EEOC. (2017). Pre-Employment Inquiries and Arrest amp; Conviction. eeoc.gov. Retrieved 1 February…… [Read More]
Employment Opportunities for Women
The importance of diversity in today's workplace cannot be overemphasized. An important aspect of diversity relates to gender diversity. Historically, the representation of women at the workplace has been significantly skewed, especially with respect to key organizational positions such as board chairperson, CEO, and senior management (Nielsen & Huse, 2010). Women are usually concentrated in administrative, clerical, and other less demanding jobs (Paludi, 2012). This is particularly true for the author's organization, where all board and management positions are currently held by men. This paper provides a plan for increasing employment opportunities for women at the organization. The plan specifically includes a rationale for intentional employment of women in key organizational leadership positions, a strategy, and a profile for recruitment.
ationale for Increased Employment opportunities for Women
Whereas consensus is yet to be reached, research has increasingly demonstrated the benefits that may be brought about by…… [Read More]
American employment regulations. Employment in the United States is governed by a patchwork of laws that can be divided into roughly three categories. The first are equality-based laws; the second category is laws that govern treatment of workers once hired; and the third reflects worker's rights, in particular with respect to freedom of speech.
Equality-based laws were developed over time to include a number of different groups. These laws seek to eliminate numerous forms of workplace exclusion. The most important of such laws was the Civil Rights Act of 1964, which established the foundation for the antidiscrimination laws that would follow. This act prohibited employment discrimination based on race, sex, national origin or religion. Later laws extended these protections to employees over the age of forty and to the disabled (Lieberwitz, n.d.). Some states have enacted further protections, so it is necessary to understand state laws as well as federal…… [Read More]
Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.
Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…… [Read More]
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…… [Read More]
To be eligible for FMLA an employee must have a condition that makes him or her unable to perform their essential job function" (Vikesland, 2006). Previously-existing amendments to the Civil ights Act prohibited discrimination against women based upon pregnancy and the Equal Pay Act (EPA) of 1963 mandated equal pay for women and men doing the same work (EEOC, 2011, Official Website).
Protected groups can allege they have been the victims of discrimination based upon charges of disparate treatment and disparate impact. Disparate treatment means that the worker was denied opportunities or advancement based upon his or her membership in a protected category because of the explicit intention of the employer, such as a sexist employer that openly discriminates against women. Disparate impact cases, in contrast, refer to discriminatory policies that have a disparate impact upon a particular group of employees (Payne 2009: 60). For example, an employer might require…… [Read More]
Goodyear which effectively denied employees the right to sue for wage discrimination after the passing of 180 days that "Justice Ruth ader Ginsberg was so incensed she read her scathing dissent aloud from the bench. She defended Lilly Ledbetter's right to sue her employer, Goodyear Tire & Rubber Co., Inc. For pay discrimination on the basis of sex, giving a not-so-gentle reminder of the realities of the American workplace." (Steiger, 2007) Specifically written by Justice Ginsburg is that as follows:
worker knows immediately if she is denied a promotion or transfer, if she is fired or refused employment. And promotions, transfers, hirings, and firings are generally public events, known to co-workers. When an employer makes a decision of such open and definitive character, an employee can immediately seek out an explanation and evaluate it for pretext. Compensation disparities, in contrast, are often hidden from sight." (Steiger, 2007)
Steiger reports that…… [Read More]
Managing Diversity and Equal Opportunity
With the turn of the 21st century, a dramatic increase is being witnessed in the international flow of labor with repercussion for domestic labor supply and management. The native, racial and emigre mixture of the employees is predominantly important for the workplace. The importance of this domestic cultural multiplicity in the labor force, highlighted by worldwide influences and necessities, has lately encouraged the researchers to focus on the companies' and managers' response to diversity, be it of any form (Watson, Spoonley, & Fitzgerald, 2009).
If the workforce of the present times is compared with the one that was found 20 years ago, it will be easy to observe that there are "more white women, people of color, disabled persons, new and recent immigrants, gays and lesbians, and intergenerational mixes (i.e., baby boomers, Generation Xers, and Generation Nexters)" (iccucci, 2002) today. This situation has given birth…… [Read More]
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older" (Facts about age discrimination, 2008, EEOC). The worker was clearly discriminated against for a promotional opportunity based upon his age, despite his superior performance.
All of the available evidence suggests that Employee B. was doing superior work in contrast to his younger co-worker. There is a clear 'paper trail' of performance reviews establishing Employee B's superior performance and ability to do a high-quality job. Also, the specific stated rationale for not giving Employee B. The promotion was age. There is no evidence that taking the promotion required qualities only a young person might have (such as the agility required by a dangerous occupation, or an occupation based upon physical strength).
In some instances, regarding benefits, employers may have some discretion under the ADEA. For example,…… [Read More]
Firefighter Employment Scenario
Although it's not clear in the story whether an Associates Degree is a precondition for taking the exam, it should not necessarily be an absolute precondition for taking the exam. I personally believe education and experience are absolutely necessary before attempting to take the exam for certification, but that may not always be limited only to an Associate's Degree. There are a number of education programs in fire academies that often can serve as a good alternative for an Associate's Degree. Other types of certification, experience, or educational programs are out there that can help potential candidates succeed in their certification and beyond. Therefore, there must be requirements for various types of education and experience levels that are more fluid, allowing for judgment on individual cases rather than blindly across the board. This would mean that an Associate's Degree would not always be absolutely necessary as a…… [Read More]
Business and Employment Law
Business Law and Labor & Employment Law
Employees are classified in different categories. Federal and state law does not explicitly define the categories, but employers generally categorize employees on the basis of duties performed, number of hours worked, and duration of job. Accordingly, employees fall in three main groups: permanent (full-time), part time, and temporary employees (PayScale, 2009). A permanent employee is an employee who works a typical work week for an indefinite duration, while a part-time employee works fewer hours than the typical work week. Temporary employees may work full-time or part-time, though for a definite period of time. Though federal law does not define the above categories, the Fair Labor Standards Act (FLSA) classifies employees as either non-exempt or exempt employees (Society for Human esource Management [SHM], 2014). The former denotes employees whose work is covered by FLSA and who are subject to overtime…… [Read More]
The modern workplace is unlike ever before in that with globalization, different stakeholders in different time zones, and technology, there is often a blurring between the workplace, home, and the in-between time. Many managers carry their laptop or Smartphone with them and answer business correspondence during commute and after-work time, particularly if their customers are international. One of the things that contribute to theft of time in the workplace, though, is both policy and opportunity. Email, social networking, and internet searching are all part of the daily job, so it is easy to find the opportunity to work in personal issues as well. Policy is important because it gives the employee a standard level of tolerance from which to act. Ironically, one source believes that that people need short breaks and a short time to zone to recover their concentration. However, excessive time on the Internet, which accounts…… [Read More]
Quinn v. Mongo case. At issue is a matter where an employee is a clear victim of age discrimination. However, there are more than one dimension to the case. One issue is that there is a home corporation and a subsidiary. The former has age discrimination laws but the latter does not. Also an issue is that the employee was signed onto a contract that required notice and a few other things but much of those were not followed. Lastly, there is the issue of what damages (if any) should be extended to the employee. While there are a few mitigating circumstances, Mongo is going to have to bite the bullet and do the right thing.
The first question to be answered is what the legal issues are in the case. The first was mentioned in the introduction and that would be what is a clear-cut case of employment discrimination…… [Read More]
WOMEN'S IGHTS: EQUALITY IN THE WOKFOCE, EQUAL PAY
Women's ights: Equality in the Workplace, Equal Pay
Legislative background. The word "sex" is always an attention-getter, and when used in legislation, it can be polarizing. Public Law 82-352 (78 Stat. 241) was passed by Congress in 1964 as a civil rights statute. The Law made it a crime to discriminate in all aspects of employment on the basis of race and sex. epresentative Howard W. Smith (D-VA) added the word "sex" at the eleventh hour (O'Neill, 2011), reported to keep the bill from being passed. As a conservative Southerner, Smith was seen as an opponent of federal civil rights legislation. But Smith defended his action, explaining that he had amended the bill because of his work with the National Women's Party and his efforts to support Alice Paul. The effort to retain the word "sex" in the bill was led by…… [Read More]
Employment Discrimination at Wal-Mart
Foundation of the Study
This study examines the legislative and judicial climate that enables corporations like Wal-Mart to engage in practices that violate workers' rights. The popular consensus is that Wal-Mart, the largest retail store in the United States, displays an inordinate disregard for the human dignity and morale of its employees and, despite continual litigation, continues to blatantly violate the legal rights of its employees. Wal-Mart faces charges of violating The Federal Fair Labor Standards Act (2011) by asking management to adjust time sheets so that overtime will not need to be paid, and so that all employees will work under the hourly limit required by the union in order to obtain membership. Employees were insured, without their knowledge, against their death by Wal-Mart. The company was named beneficiary; following death of an employee, the entire benefit amount was retained by the corporation. Not a…… [Read More]
The job opportunity
Data analyst at Ciber, as solicited in the following advertisement from www.jobview.monster.com
"Ciber is looking for a Data Analyst to analyze data from various GFS. This Senior Data Analyst will have experience working in an enterprise environment and crunching numbers that have high levels of visibility.
Strong to expert level skills and experience in MS Excel: if statements, vlookup, hlookup, pivot tables, macros, etc.
A rich history of analytical and problem solving skills and accomplishments.
Analytical and detail oriented individual that enjoys working with data solutions.
Strong to expert skills in data manipulation with tools like MS Excel and Excel reporting.
Ability to quickly comprehend complex spreadsheets/data.
Intermediate SQL query, & SSRS background.
Good communication and presentation skills to executive management audiences.
Skilled at working with large data sets in Excel, quickly resolving data-related issues.
Clean lines of communication to Executive…… [Read More]
If we refer to the latter term, for example, a proactive approach will imply creating the necessary physical and emotional condition for a disabled employee to function properly in the group.
1. Civil Rights -an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/civil_rights.html
2. Employment Rights - an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/employment_discrimination.html
3. he Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
4. Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
5. Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.
Civil Rights -an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/civil_rights.html
Employment Rights - an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/employment_discrimination.html
he Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.htm… [Read More]
Paula states that the rationale for the refusal is also violation of Title IIV and EEOC (Equal Opportunity Commission Policy) as it is based merely on the fact that she is a woman and has the potential to become pregnant. Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.
Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil ights Act of 1964 (Fetal rights, 2009, Law Library).
NewCorp has a strong case that…… [Read More]
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that State laws might be enacted or enforced to perpetuate the distinctions that had before existed. Discriminations against them had been habitual.
100 U.S. 303, 306).
Furthermore, while the Court's decision was based on Strauder's right to an impartial jury, the Court believed that all-white juries were discriminatory against the potential jury pool. It held that:
The…… [Read More]
Several justifications for the continuous disparity in wages have been explained. It is obvious that women usually receive less and the central issue is to find out the cause. Men have attempted since decades to provide a justification by the help of hypothesis of various academic qualifications achieved by men or the various occupational responsibilities or vocations controlled by women as against those controlled by men. One reason is that women are featured in the remuneration gap equation, and a lot of these women belonging to a bygone period that continue to be dependent on the behavior and circumstances prevailing in the yester years. (Nash, 68)
Adversaries of uniformity in remuneration assert that preferences and not inequity is responsible for the disparity in the remuneration gap. People who are not in support of bridging the gap in remuneration between men and women think that the gap is present due to…… [Read More]
mployment and Labor Relations
The National Labor Relations Act of 1935 (or Wagner Act) protects the rights of most workers in the private sector of the United States to organize unions, to engage in collective bargaining over wages, hours, and terms and conditions of employment, and to take part in strikes and other forms of concerted activity in support of their demands. The Act does not, on the other hand, cover those workers who are covered by the Railway Labor Act, agricultural employees, domestic employees, supervisors, independent contractors and some close relatives of individual employers.
The Wagner Act established a federal agency, the National Labor Relations Board, with the power to investigate and decide unfair labor practice charges and to conduct elections in which workers were given the opportunity to decide whether they wanted to be represented by a union. The NLRB was given more extensive powers than…… [Read More]
One of the qualities I pride myself in is that of honesty. I am a firm believer that if you are being paid you must give a work that is equal to the pay you receive. There are times I without hesitation go well beyond what is expected or anticipated to have a job accomplished because I understand the need to get the job done. I am a definite stickler for not only doing the job right but also doing the right job. I believe that honesty is an important quality for any employee to have so that your employer can have confidence in you.
I am also interested in working with your organization because I believe that it would provide me with the necessary experience and opportunity to advance my life goals. I see your company as providing the environment for individual development. I am of the view that…… [Read More]
ather than being idle and receiving public benefit, individuals of working age typically prefer completing useful work. Mark P. Altieri, an associate professor of accounting at Kent State University, Kent, Ohio, and Jason A. othman, (2006), an associate at Wickens, Herzer, Panza, Cook and Batista, note a number of enhancements to WOTC in the article, "Surviving Katrina: Tax breaks for victims of the costliest catastrophe in American history."
According to Altieri and othman (2006), in regard to the WOTC - general law, under IC section 51, the WOTC provides motivation for employers to hire economically disadvantaged individuals. These disadvantaged individuals include qualified ex-felons, food-stamp recipients, veterans, summer youth employees, as well as individuals who receive certain welfare benefits (Altieri & othman, ¶ 23). Altieri and othman explain that in the past, the WOTC -- Katrina was expanded to embrace individuals whose principal residence on August 28, 2005, was located in…… [Read More]
decision will need to be made about the future of each one. Each decision will be supported with an analysis of the situation using the relevant legal framework. In general, companies are allowed to terminate employees if the termination is part of a downsizing, which in this case it is. Naturally, however, the issue of severance will be raised, and must be taken into consideration for each of the employees in question. The format will be a discussion of each individual employee, his or her situation, but then the final decision about who to terminate and how will be conducted at the end of the report. The microbrewery is probably a qualified company, with at least 15 employees, or this discussion would not be taking place.
Employee #1 -- Mike illiams. illiams is a member of a protected group, being Asian. His performance has been above the median, which gives…… [Read More]
It is generally agreed that for one to be a true professional, one has to separate one's personal ethics from their professional ethics. This is sometimes necessary because the two ethics sets will sometimes conflict. However, the ethical dynamic when it comes to employment situations is greatly complicated by other factors that turn what would normally be black and white issues into shades of gray. Things that can lead to these shades of gray include religion, disagreements with the ethical standards being posed by a government power or employer and so forth. While some may like to assert that the rules of the employment and human resources playing field are clear-cut and without question, that is simply not the case sometimes and some skepticism about the a matter may actually be justified.
One major topic that comes up when it comes to employment situations and ethics would…… [Read More]
Federal labor laws covered by the Equal Employment Opportunity Commission contain fundamental information of which managers must be cognizant and wholeheartedly employ. The labor laws address intuitive issues, but they are by no means intuitively understood as there are many conditions and situations that determine how the laws are applied, and to whom they may be applied. Management must ensure that employees with supervisory capacity receive thorough training in the laws enforced by the Equal Employment Opportunity Commission.
What's more, management must be sure to create a company culture that embraces the federal labor laws and that ensures managers will work in good faith to achieve benefits for the company and for the employees. From the Walmart case study, managers can clearly observe extremely inappropriate intimidation and retaliation of employees attempting to organize. There are many lessons to be learned from the callous, irredeemable behavior of many managers…… [Read More]
New compensation plan for the employment team
As a result of the changes which have recently been implemented within InterClean, a new need arises in the necessity to align the compensation plan with the new organizational features. In other words, the changes implemented would only succeed if they are adequately supported by the staff members and a means of attaining employee support in times of organizational change is that of readdressing compensation issues (Lamm, Gordon and Purser, 2010).
Given this situation, the current endeavor proposes a new compensation plan based on the following:
A guaranteed minimum wage established for all of the team members
Additional wage increases based on specific employee features, such as experience, loyalty to the firm or level of education acquired
Premiums and bonuses based on performance
Non-financial compensations, such as flexible working schedules or the offering of training programs.
The above presented pay system stands…… [Read More]
The disparity in income of male vs. female heads of household is striking. Analysis of census data revealed that, in 1949, approximately thirty percent of households headed by white males were living in poverty, compared to just under thirteen percent a decade later. For women, more than half lived in poverty in 1949; by 1959, that figure declined to thirty-eight percent. The prosperity of the 1950s was not universally enjoyed. Female heads of household at the end of the decade were not better off than their male counterparts had been ten years earlier.
Financing for decent, inexpensive homes was readily available to servicemen returning from World War II. Coontz (1992) argued that this boom in home ownership led to "increasingly pervasive and sophisticated marketing [that] contributed to socially constructed perceptions of "need" and to unprecedented levels of consumer debt (Edwards, 2001). It was new consumer values that helped propel mothers…… [Read More]
Equal Employment Act
Federal laws have been passed in order to provide protection for American citizens from discrimination in a number of different instances. This paper will review the Age Discrimination in Employment Act of 1967, the Pregnancy Discrimination Act of 1978, and the Employee Polygraph Protection Act. This paper will also present legal cases in which all three of these laws have become involved in litigation, and will also include an example of a Human Relations policy for each, which reflects that there has been compliance in specific workplaces.
The Age Discrimination in Employment Act of 1967 (ADEA)
This law, enacted in 1967, was designed to protect people over the age of 40 from being discriminated against based on their age. In short, it is against the law to discriminate against an individual due to his or her age, according to the U.S. Equal Employment Opportunity Commission (EEOC). This…… [Read More]
opportunities, including education, employment, and entrepreneurship that immigrants have in America.
America provides opportunities for all races:
America guarantees that one will not be discriminated on the basis on of his race,
National origin, gender, age etc.
All citizens in America have the right to an equal education, which includes a bilingual education.
Teaching immigrants the English language on an academic level allows them to communicate on a level equivalent to other professionals in the work place.
Immigrants who learn the English Language on a communicable level gives him or her the same equal legal rights as natural born Americans, for example-no hidden surprises in legal contracts.
Foundations help immigrants start up their own businesses in America.
Immigrants, upon receiving citizenship, have the same rights to own businesses in America as Native Americans.
Immigrants of other countries are allowed to contribute their uniqueness to this country when they open…… [Read More]
The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom.
Employment Rights Act of 1996
Scope & Summary
There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As…… [Read More]
Advice on Handling Dismissals
The Minimum Wage
Working Time egulations
WOKES AND EMPLOYMENT
Gender and Sexual Orientation Discrimination
Discrimination on Grounds of ace or eligion or Age
Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees.
Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public…… [Read More]
new HR manager for this fictitious (private sector) company, which has hundreds of employees and is clearly obligated under Title VII and other major employment regulations. Rather than starting over from scratch with a brand new application form, many HR managers would likely take a look at the existing form first.
Using the table located at the very bottom of this document, identify the ten (10) items that are legally problematic* on this employment application form, why they are problematic, and what could possibly be in their place, if applicable. Use of the table is required.
*By problematic we are looking for possible violations of various employment regulations. Note that some may not be blatantly illegal, but, rather problematic and best to avoid as a best practice.
One final tip: Do not focus on stylist elements such as the layout of the application form or questions you do not "like."…… [Read More]
The business cultue of the United Kingdom is chaacteized by the value of fee economy and pivate popety (Rendtoff, 2009). At anothe level, it is maked by a desie to manage wok and life issues. The employees in Bitish oganizations have long been maked out fo thei elatively leisuely pace of wok and thei pioity fo elationship issues ove wok elated issues. Compaed with thei Ameican countepats, employees in UK companies demonstate a less aggessive wok ethic and seek to maintain a low pofile. Display of wealth and pesonality taits is geneally discouaged in Bitish society because a highe emphasis is placed on undestatement and social modesty. Business manages typically demonstate a patenalistic elationship which is also appeciated by thei subodinates. Bypassing one's supeio is disappoved in Bitish oganizational cultue (Giffin & Moohead, 2011). At the same time, employees in UK companies enjoy geate autonomy than employees in India o…… [Read More]
EEOC are initials referring to the Equal Employment Opportunity Commission. This is a federal agency mandated to eliminate discrimination founded on age, national origin, sex, disability, religion, color, race and all other terms and conditions used in employment. The commission is charged with investigating alleged investigations through different fields making a determination through guidance for collecting evidence. It attempts to reconcile in cases involving discrimination, which leads to the filing of lawsuits. The EEOC oversees the enforcement and compliance of all activities pertaining to equal opportunities of employment among applicants and federal employees. This includes discrimination directed at persons with disabilities (Van, 2010).
How it works
Most organizations are facing challenges of addressing situations of employment discrimination. EEOC is the new straightforward and fair process of filing cases of employment discrimination against organizations. This commission handles discrimination claims against employers, tax agencies and labor unions based on…… [Read More]
Discrimination and Affirmative Action
Title I of the Americans with Disabilities Act (ADA) enforced by the U.S. Equal Employment Opportunity Commission (EEOC) prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. Title I of the ADA also generally requires covered employers to make reasonable accommodations -- changes in the workplace or in the way things are usually done that provide individuals with disabilities equal employment opportunities." (U.S. Equal Opportunity Commission, 2008) In order to meet the ADA's definition of disability the individual must have a "physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. This definition of disability may differ from the definition used in other laws. For example, the term "disabled veteran" means an individual…… [Read More]
journal that relates to equal employment opportunity. The article reviewed for this report covers the subject of employment interviews as conducted and participated in by black and white prospective employees and employer representatives. The crux of the report is that when dealing with either identity-blind or identity-conscious interview structures, a stigmatizing can occur that is not illegal but is still intimidating and hurtful to the overall process. While good intentions regarding race and hiring practices are good, focusing too much or improperly on race or other personal traits not mundane to the job can actually hurt the process and/or people involved.
The article starts out by stating that employers use one of two general tactics when it comes to hiring of protected classes and/or diversity candidates. Indeed, the United States has a long and storied history of racial and ethnic challenges with the more poignant examples being that of slavery…… [Read More]
Affirmative action refers to the positive steps such as policies, rules, and regulations which take represent minority groups in the work place with the final benefit of making them represented in the workplace to counter the effects of discrimination. Some of the discrimination factors that against which affirmative action are instituted are race, religion, sexual orientation, gender, color, and national origin Pynes, 2008()
Position on affirmative action
Affirmative action helps to eliminate discrimination in the workplace. It helps to end unfair treatment of employees or students based on their characteristics such as race, color, etc. This helps to create an equal employment opportunity environment for the workers since there will be no stereotyping and they will all be given an equal chance of succeeding at what they do. Also, affirmative action ensures that the minority groups are represented in the workplace Beauchamp, 1998()
However, on this line, affirmative action has…… [Read More]
Policy for Employment Discrimination
Forms of Benefits Provided by the Program
The Equal Employment Opportunity Commission provides enforcement for the statutes that relate to civil rights in employment. The EEOC was created to provide for the "enforcement of federal laws that make it illegal to discriminate against a job applicant of employee" on the basis of the protected traits, or on the basis of the employee complaining about discrimination, according the EEOC website (2016).
In order to provide these benefits, the EEOC investigates claims made by individuals or groups -- including civil liberties groups and unions -- regarding specific incidents. The EEOC has established means by which it can be communicated, anonymously if need be, in order for an investigation to be initiated. The organization's resources are also put to use in publishing information regarding discrimination law at the federal level. The EEOC both investigates and litigates cases. The EEOC…… [Read More]
Human esource Management is a practice of managing human skills, capacities and talents, to ensure their effective usage in the attainment of organizational goals, objectives and overall competitiveness (Youssef, 2012). Every Human esource manager performs various functions of recruiting, hiring, selecting and training competent employees. In addition, the manager offers competitive compensation and benefits packages, which attract, motivate and retain qualified employees. However, it is the function of the Personnel manager to devise ways, which will increase the employee effectiveness in performing the jobs. These ways include training, offering education and developing the capacities of the employees. As a result, there is an improvement of the employee contribution towards the attainment of organizational effectiveness and efficiency.
Effective management of employees' productivity is a crucial element in attaining organizational success (Youssef, 2012). High levels of productivity enable the organization to offer high compensation and benefits packages, which do not affect its…… [Read More]
discrimination in business. Specifically it will compare and contrast my opinion of the definition of reverse discrimination, and how equal employment laws relate to the equal employment opportunity. everse discrimination is the practice of denying employment to certain races or genders in order to meet hiring quotas or hire to meet racial quotas. It attempts to hire more minorities to help them prosper and grow in business, but many people feel those hiring choices are discriminatory toward others who are not members of that particular race.
All employers confront the challenge of hiring an equal number of women and people of color, as well as white employees, from a pool of qualified applicants. One author notes this is a challenging and complex task. He notes, "Confronting the challenge of equal employment opportunity is a continuing and complex responsibility for all employers" (Gullett, 2000, p. 107). Equal employment opportunity laws were…… [Read More]
Affirmative Action: Elements, Features, And Controversies
'Affirmative action', as we know it today, was first utilized by President Kennedy in an executive order directing contractors engaged by the federal government to see to it that applicants and employees were treated with no reference to their national origin, color, creed, or race (Nebraska Advisory Committee, 1979). Affirmative action collectively refers to those policies and actions meant to cushion historically-excluded and underrepresented groups from discrimination, especially in relation to education and employment (Nebraska Advisory Committee, 1979). In learning institutions, affirmative action refers to admission policies that offer minority groups equal access to education facilities. Though highly attractive in their original form, affirmative action programs have come under serious criticism, with critics accusing them of reverse discrimination, and equating them with quotas meant to artificially bring about proportional representation in the workforce.
The Civil ights Act of 1964
Title VII of the Civil…… [Read More]
Hostile ork Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was employed as a rental manager with Forklift Systems, Inc., complained about comments and behaviors directed to her by Forklift's president, Charles Hardy. She claimed that Hardy's sexually harassing conduct caused her to suffer PTSD-like symptoms and that she was ready to resign when Hardy apologized and claimed he was only kidding. Later, after concluding that the harassment would not stop, she left Forklift and filed her complaint with the EEOC. The case was eventually heard by a U.S. magistrate judge…… [Read More]