Civil ights Act of 1964 enforced the Fourteenth Amendment to the Constitution by ensuring a legislative act that would prevent discrimination and extend equal protection under the law. The bill in its entirety protects all Americans, regardless of race, ethnicity, religion, national background, and gender. It was and still is considered to be a landmark bill, in spite of the fact that the Fourteenth Amendment already technically guarantees equal protection to all citizens of the United States. However, practice and theory are different beasts. President Johnson understood this, and foresaw the need to push forward legislation that would create a more perfect union offering liberty and justice to all people.
The Civil ights Act was surprisingly controversial, in a nation that prided itself on its values of equality and freedom. It took centuries for females and non-whites to have voting privileges in the United States. The battle for true equality…… [Read More]
" Gelato currently employs 100 people, 85% being 25 -- 35 years old. e currently do not know the "age makeup" of the surrounding community. To ensure that it complies with the demands of the ADEA, Gelato should analyze the community in terms of age ranges, including the age ranges encompassing ages 40 -- 70 years, and should institute recruiting and hiring policies that phase in age ranges compatible with those of the surrounding community.
Anonymous. (2008, September). How to fight workplace discrimination: Tips from EEOC lawyers. Retrieved April 20, 2014 from search.proquest.com eb site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/206804221
Anonymous. (2009, August). Take a policy approach to fight discrimination claims. Retrieved April 20, 2014 from search.proquest.com eb site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/206806415
Bereman, N. (2008, September 10). Adverse impact and disparate treatment. Retrieved April 20, 2014 from www.youtube.com eb site: https://www.youtube.com/watch?v=yjTZL9NEIVI
DFEH. (2009, February 10). Equal Rights 101: Reasonable accommodation. Retrieved April 20, 2014…… [Read More]
However, this is really not a distinct difference to Title IV law in regards to religion. It may be seen as analogous to not creating a hostile workforce environment by, for example, prohibiting all pregnant employees for no justifiable reason, which would discriminate against women, or prohibiting an employer from displaying the Confederate flag in his or her office, which would create a harassing environment for African-Americans, just as requiring individuals to engage in a Christian form of worship a work would harass a Jewish employee. Furthermore, if accommodating the religious beliefs of the employer would cause the employer undue hardship, compliance is not required, as is true of other protected categories. For example, a moving company can require an employee to be able to lift a certain amount of weight, even if this may make it more difficult for women or handicapped individuals to find employment with the business,…… [Read More]
Title VII of the 1964 Civil ights Act "prohibits employment discrimination based on race, color, religion, sex and national origin," a provision which lies at the heart of the August 22, 1995 Wall Street Journal article entitled "Legal Beat: Workers' religious beliefs may get new attention. ("Title VII") It is the prohibition against religious discrimination that the article claims Wal-Mart violated when they forced an employee to quit as a result of being scheduled for work on Sunday, his Sabbath Day. Because of a lawsuit filed by this employee, Wal-Mart incorporated a new religious accommodation policy which takes into account an employees religious beliefs when scheduling work shifts. And as a result of the thousands of other similar lawsuits filed across the United States, other employers are also incorporating new religious accommodation policies as well.
It was a Christian theology student named Scott Hamby who, after being purposefully…… [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]
Constructive discharge materializes when an employee's only option is to quit their place of employment due to the employer making working conditions unbearable. In the scenario with the religious employee, the employee made it clear that he/she cannot work on a holy day due to his/her religious principles that are guarded under Title VII of the Civil ights Act of 1964. This mandatory shift forced on the employee created an unbearable condition in his/her workplace. Unbearable conditions may consist of: discrimination, harassment, or getting an undesirable modification in reimbursement or work for aims that are not professional.
Because the work shifts fell on days of religious observance for the employee and the company did not yield in providing an alternative shift, schedule, or option for the employee, he/she was faced with diminished work or to leave the job and quit thus creating an unbearable work condition. While employees who willingly…… [Read More]
Constructive Charge Case
A CASE OF RELIGIOUS DISCRIMINATION?
Mr. Charles Wright, Chief Executive Officer (date)
From: Mr. Terence North, Manager, Elementary Toy Division
Re: Employee Constructive Discharge Claim
Our legal counsel, Atty. Edison Hawks, today informed the undersigned in writing that a former employee, Mr. Alfred Peterson, had filed a claim of constructive discharge against the company. Mr. Peterson resigned last week from his post at our Production Department when our new policy on shift work became effective. He based his complaint on the provisions of Title VII of the Civil Rights Act of 1964, which prohibit workplace discrimination against religion. Mr. Peterson alleges that the enforcement of the new policy on shift work is discriminatory in that it requires employees to work on Sundays, which his religion observes as a holy day. Prior to this new policy, production employees worked from Mondays to Fridays only. Attached is…… [Read More]
It was this Executive Order that required all entities doing business with the federal government to agree that, by doing so, that they would not discriminate on the basis of race, color, religion, gender, or national origin but the Executive Order went further and required that such entities agree to take steps to ensure adequate representation where it is found that there is an underrepresentation of women and other minorities. The terms of Title VII prohibit discrimination but it does not impose affirmative duties. Therein lays the essential difference affirmative action as dictated by Executive Order and the statutory provisions of Title VII.
Under the terms of the Executive Order, which is enforced by several offices of the federal government but enforced against employers through the Department of Labor's Office of Federal Contract Compliance Programs (U.S. Department of Labor, 2012), entities that fail to comply are debarred from further participation…… [Read More]
Abercrombie & Fitch and an applicant who wore a hijab to a job interview. The case was recently settled by the U.S. Supreme Court. In this case, the plaintiff Samantha Elauf wore a hijab to the job interview, but did not inform the company that she was Muslim. The company, Abercrombie & Fitch, has a "look policy" that prescribes specific appearance standards for its floor staff. The circuit court found that A&F did not need to accommodate the plaintiff because the company was not expressly informed that the plaintiff had need for accommodation on religious grounds. She had not clarified that she was Muslim and would need to wear the headscarf for religious reasons, which would have given her Title VII protections. The Supreme Court reversed that decision, making the point that the applicant's need for accommodation was a motivating factor in the employer's decision not to offer a position…… [Read More]
Metal Workers Employment Law Case eview
One of the primary functions of the judiciary is to clearly define the parameters of legislative intent, as the passage of any law necessarily creates parties with a vested interest in bypassing or overturning the statute, and in the case of Local 28, Sheet Metal Workers v. EEOC 478 U.S. 421 (1986) the Supreme Court was again tasked with assessing the validity of a law via its method of application. This case of Sheet Metal Workers v. EEOC presented the high court with an opportunity to decisively delineate the remedies afforded to correct violations of Title VII of the Civil ights Act of 1964, which prohibited employers from discriminating on the basis of race, color, religion, sex, or national origin. When the New York State Commission for Human ights identified New York City's Local 28 Joint Apprenticeship Committee (JAC) as a gross violator of…… [Read More]
Oncale v. Sundowner Offshore Services, Inc.: Case summary
elationship between the parties involved in the case
The plaintiff Joseph Oncale was an employee of Sundown Offshore Services. He sued his employer under Title VII of the Civil ights Act, alleging that he was subjected to sexual harassment and discrimination due to his gender based upon the hostile workplace to which he was subjected (Twomey 2013: 442).
Lower court decision(s)
The district court found in favor of Oncale's employers, who stated that Oncale had no right to sue under Title VII of the Civil ights Act, given that he was a male, and the stipulations of the act regarding sexual harassment applied only to females.
Short summary of the relevant facts
Joseph Oncale was employed as a roustabout on an oil platform in the Gulf of Mexico for Sundown Offshore Services. According to Oncale, he was repeatedly subjected to…… [Read More]
Any company that is a leader in an industry knows that what they sell had better be both quality and innovative in order to compete within their designated industry. iordan Manufacturing is no different. iordan has long been a company that offers both quality and innovative products in the plastic molding and parts industry. It also has a strong internal structure that works harmoniously with the objectives of the company. Despite iordan's position as a leader in their industry, the company does face some internal challenges, which work against their company objectives. This paper will look at these areas that require improvement, including finance and accounting, training budget, shipping and receiving, human resources, and the new pyramid bottle cap design for The Taylor Group. The paper will utilize the Issue, ule, Analysis and Conclusion (IAC) method in each distinct area.
Finance and Accounting
Issue: One of the chief…… [Read More]
Ever since the upheavals of the 1960s precipitated a fundamental change in the way the United States regards civil rights, the notion of affirmative action has been regularly discussed and misunderstood throughout the national discourse. Requirements that certain employers enact affirmative action plans began with an executive order on the heels of the Civil Rights Act of 1964, Title VII of which specifies that employers may not discriminate on the basis of race, color, religion, sex or national origin. The executive order requiring that certain employers take affirmative action has subsequently been misunderstood to mean something other than it really does, because this order is nonetheless constrained by Title VII. By examining precisely which employers must maintain affirmative action plans and what those plans require them to do, one may understand the extent and limitations of affirmative action and how it relates to Title VII.
Before considering affirmative…… [Read More]
We Background - Dianne awlinson, a female citizen of the state of Alabama, applied for a job as a state prison guard, but was rejected because she failed to meet a state requirement that all prison guards must be at least 5' 2" tall and weigh a minimum 120 pounds. Additionally, a state regulation prohibited women from serving as guards in maximum security institutions because that position would require direct contact with male prisoners.
The Complaint - awlinson filed suit with the EEOC and brought a class action suit against Alabama corrections officials in which she challenged the height/weight as well as the "close contact" regulations. awlinson claimed that these rules violated her civil rights under Title VII (1964) Civil ights Act.
The uling - The District Court ruled in awlinson's favor on both counts. It took into account national statistics that outlined the comparatives heights and weights…… [Read More]
individual with a communicable disease that is a disability is other wise qualified for the job?
Individuals with disease can be judged for qualifications in the same way as any other individual applying for a job. Communicable or infectious diseases are considered to constitute a disability when the disease is impairing to such a degree that it "limits one or more major life activities" (Human Resources UNC). In these cases, individuals with communicable disease should be treated like any other disability. When judging whether a disabled individual is qualified for a job, it must be determined if they can perform the specific job with reasonable accomodations. If a communicable disease does not result in disability, then the individual should be judged as a nondisabled person. Additionally, law generally "permits an employer to fail to hire, transfer, promote, or to discharge a disabled person if the person has a communicable disease…… [Read More]
A company cannot refuse to hire someone with sickle cell anemia (a disease that primarily affects persons of African ancestry), because the person might require costly health insurance, for so long as the person was strong enough to perform the job, discrimination would not be acceptable as it would affect persons disproportionately of one racial category.
Explain trade secret and how it could be protected legally and in day-to-day operations. Provide an example.
According to Nolo.com, an online legal dictionary, a trade secret is:
in] most states, a formula, pattern, physical device, idea, process, compilation of information or other information that 1) provides a business with a competitive advantage, and 2) is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft" ("trade secret, 2007, Nolo.com). Perhaps the most famous trade secret in business is…… [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]
Griggs v. Duke Power was a landmark U.S. Supreme Court decision which stated that employers could not institute requirements that created de facto discrimination in the workplace that were not necessary for employment. The case involved the Duke Power hydroelectric plant in North Carolina. Before the Civil Rights Act, the company practiced open discrimination against African-Americans, only hiring them as part of its Labor department and in 1955 created a requirement that all employees have a high school diploma for initial hiring except in the Labor department. After 1965 (when Title IIV of the Act became effective), Duke created a requirement that all transfers to other departments have a high school diploma, presumably to prevent African-Americans at the company from moving from Labor to more desirable, highly-paid positions in areas such as Maintenance, Operations, and Laboratory. Duke later modified its policy by allowing employees to transfer to other departments, only…… [Read More]
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.
And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.
Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.
Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…… [Read More]
John Brown applied for a job as a grounds worker at a federal facility and was denied employment because of his sexual orientation. He asks you to explain the law relevant to his situation. What if the same thing happened at Boston University?
Unfortunately title VII does not prohibit discrimination because of an individual's sexual orientation. Though Title VII prohibits discrimination because of sex, the word sex is interpreted gender. However, the Employment Non-Discrimination Act (ENDA), is a proposed U.S. federal law that would prohibit discrimination against employees on the basis of sexual orientation. If it happened at Boston University, the University would pursue affirmative action and adherence to state and federal laws.
Six months after Harry was hired as a part-time retail clerk, twenty hours a week, he called in sick on a Wednesday morning..At first, his mother told the store manager that Harry had the flu and would…… [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]
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]
Civil ights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, the Pregnancy Discrimination Act of 1978, and the Civil ights Act of 1991, is the most important civil rights legislation in modern history of the United States. The Act of July 2, 1964 (Civil ights Act of 1964), Public Law 88-352, 78 STAT 241, in eleven titles, enforced the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil ights, to prevent discrimination in federally assisted programs, and to establish a Commission on Equal Employment Opportunity.
Title VII of the Civil ights Act of 1964 prohibits discrimination in many more aspects of the employment relationship. It applies…… [Read More]
Downside of Affirmative Action
Affirmative action has increasingly become a popular subject of debate. Not only does the phrase "affirmative action" mean different things to different people, but also there are different arguments for and against it. While many people tout the benefits of affirmative action programs, they have acted as a stumbling block for minorities and have essentially created a starker disparity in the struggle for equal opportunity between white people and other minority groups.
enefits of Affirmative Action
Affirmative action (AA) refers to the social practice in which members of historically disadvantaged groups are given preferential treatment in an attempt by the United States to compensate for any harm that was caused to their ancestors in the past (Crock, 1995). For example, African-Americans receive special benefits because of the U.S. history of slavery.
President Lyndon . Johnson originally created affirmative action programs in 1965 to correct discrimination that…… [Read More]
Ethics, Law Case, Critical Thinking
Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.…… [Read More]
Define BFOQ and list to which characteristics it applies
The bonafide occupational qualification BFOQ is a valid defense against allegations of discrimination where there is a need to hire persons with certain qualifications and traits. Some examples are requirements that engine drivers must not be color blind, could be legal. The general criteria are that without falling to the exceptions selective employment can be given to suit the nature of work. Though the general requirement of the work may help the employer use the BFQQ to avoid certain employees, there is a general system of laws that have to be carefully studied. (Weiss, 2004)
Human resources can be a protected class of people and the civil rights laws actually help the hiring of employees without trampling their rights. The equal employment Opportunities Commission EEOC and the U.S. Supreme Court have in a number of decisions laid down rules regarding…… [Read More]
To do this, her duties could be diversified, and her position modified in order to give her a greater sense of responsibility. One way to do this could be to appoint assistants whom Sue could train to handle her more elementary duties. She could then learn to assist some of the higher-level positions within the company and work her way towards a leadership position.
In today's democratic and equal society, the law protects workers in diverse workplaces. Indeed, democracy and equality in the workplace and society are two of the most important paradigms in the United States today. As a company that reflects the society it serves, it is the aim of WWW.toprovide its workers with optimal satisfaction and opportunities to realize their work related dreams. In order to do this, it is the manager's job to become familiar with all the legislation relating to workers, their protection and their…… [Read More]
A principal, for instance, will advertise on Ed Join for, say, a third grade, second grade or whatever opening he or she has, screen and hire the candidates, and then notify Personnel.
At the io Linda Union School District, job candidates still bring in their applications in person. They bring portfolios to interviews. Not nearly as much is done online, in the screening and hiring processes, as it is at within other districts nowadays. The io Linda Union School District's still-centralized hiring, according to Barker, allows for greater consistency in hiring. Barker also added, however, that unlike in the past, she now considers it best for principals to select their own new hires from a pool of recently hired candidates, in order to best meet the needs of, and have the best fit with, that principal's own school. This, Barker said, is because unlike in the past, schools today must…… [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]
Conservatives, on the other hand, have many passions and one of them is a color-blind government. Most of them believe that all policies of discrimination should be discarded. They view these policies as unwise, immoral and unconstitutional. Three conservative organizations submitted a collective brief to the Supreme Court on the Michigan cases. These organizations were the Center for Equal Opportunity, the Independent Women's Forum and the American Civil Rights Institute. Their brief succinctly stated that racial preferences were incompatible with the 14th Amendment. The 14th Amendment, according to them, clearly states that no person within its jurisdiction would be denied the equal protection of the laws. The silence of the justices to this statement was perceived to indicate insufficient interest in the original understanding than in their own case law. In 1865 and 1866, radical Republicans proposed a constitutional amendment that no State could set distinctions in civil rights and…… [Read More]
MANAGE'S BEHAVIO MEMO
Management Behavior Imagine a midlevel sales manager InterClean, Inc. -level managersunder responsibility. In response a merger place EnviroTech, instructed
InterClean Sales Managers
Overview of Manager's Behavior
With the upcoming merger after InterClean, Inc. acquired EnviroTech, the managers' role will be to ensure a smooth merger and their role during this merger is very important for its success. To ensure that the company meets its post-acquisition goals, the managers' abilities to manage the upcoming changes skillfully is required. Most managers are not aware of how their behavior affects the employees. The success of this merger and employee productivity is critical, and managers should know its success lies in the relationship between employee performance and leadership behavior Norgard & Skodvin, 2002.
Modeling the way is one of the methods to ensure employee productivity according to a study in employee effectiveness and leadership behavior. Therefore, to have productive employees,…… [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]
One of the reasons for the formation of the National Organization for Women was the fact that, despite legislation like the Equal Pay Act of 1963, there were still many disparities in the way women were treated both in the halls of government and the offices and boardrooms of the corporate world. his Act was passed by Congress in order to ensure the equality of wages based on gender, but many women activists were angered by the fact that the legislation was not really enforced, and companies often got away with disparities in pay and even in hiring practices. itle VII of the Civil Rights Act of 1964 was even more sweeping in its condemnation of discriminatory practices based on gender in many matters of business, including employment, wages, banking decisions, etc. yet despite such hard-won legislation, the issue of gender equality in this country is still far from over.…… [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]
Coleman V. Maryland Court of Appeals
There has always been a fine balance between the Constitutional power of Congress and individual State rights. At the heart of the Constitutional Debate and even the Civil War was the question -- are states sovereign in their dealings with matters of government and culpability and to what degree does their sovereignty remain solvent. Congress has both Constitutional power and applied power, and is expected to evolve with the cultural situation of society to protect the constituency and enact fair and reasonable legislation.
One seminal question becomes whether Congress constitutionally abrogated the State's 11th Amendment immunity when it passed the self-care leave provision of the 1993 Family and Medical Leave Act? This act required employers of over 50 individuals to allow for up to 12-weeks leave for varying circumstances of family need. Case law, for instance in Nevada v. Hibbs, held that Congress intended…… [Read More]
Oncale v. Sundowner Offshore Services
The case presents the question whether workplace harassment violates Title VII's prohibition to "discriminate . . . because of . . . sex" when the harasser and the harassed employee are of the same sex.
COUT DECISION BIEF
The Petitioner, Joseph Oncale worked as a roustabout on an eight-man crew for Sundowner Offshore Services on a Chevron U.S.A oil platform in the Gulf of Mexico from August to November 1991. The crew included the respondents, John Lyons, Danny Pippen, and Brandon Johnson.
Lyons, Pippen and Johnson on several occasions, forcibly subjected Oncale to sex-related, humiliating actions in the presence of the rest of the crew. Pippen and Lyons also physically assaulted Oncale in a sexual manner, and Lyons threatened him with rape. Specifically, Lyons placed his penis on Oncale's neck on one occasion and on his arm on another occasion. Lyons also forcefully…… [Read More]
DUNLAP V. TENNESSEE VALLEY AUTHOITY
Dunlap v. TVA
Dunlap v. Tennessee Valley Authority (2008)
Dunlap v. Tennessee Valley Authority (2008)
Explain why the plaintiff's disparate impact claim failed?
A claim of disparate impact implies that the employer (defendant) unintentionally discriminated against the job applicant (plaintiff) (Seiner, 2013, p. 287). Under Title VII, any hiring practice that is fair in form, but through its application is effectively discriminatory, is illegal (Dunlap v. Tennessee Valley Authority, 2008). The protected demographics under Title VII include racial minorities, religious minorities, and women. Mr. Dunlap's status as an African-American fulfills this requirement. In addition, the hiring practice must be unrelated to the open position and inconsistent with business necessity to be successfully challenged under Title VII. In other words, a claim of employment discrimination should provide evidence that the discriminatory practices were unrelated to the job and not required by the business. Mr. Dunlap sued…… [Read More]
There are a number of challenges facing human resource departments today. Key trends such as increasing diversity, skills deficiencies, and an aging workforce each affect the environment in which HRM managers work. Further, HRM consists of many different functions, each governed by its own laws and regulations. Today's human resource manager must work in the context of these different functions to deliver a coherent human resources strategy that meets the needs of the organization. That means not just hiring people, but setting out a full slate of HRM policies that allow those people to be at their most productive, and make the greatest contribution possible to the strategic mission of the organization (SHRM.org, 2016).
Key Functional Areas
There are several key functional areas in which human resource managers work. There are five key functional areas that have been identified.: Staffing, development, total rewards, employee relations, and safety. The following…… [Read More]
laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.
Employment and Discrimination
There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on…… [Read More]
Under these circumstances, an ethical dilemma is born. Should society control its development or leave it to chance? And in the case that it should control it, which categories should it help?
If the person in the above mentioned example is helped, we could assume that in a certain way, the person who was not helped because he or she already disposed of the necessary means, the latter one might be considered as having been subject to reverse discrimination. Yet we ought to look at the picture from an utilitarian point-of-view. Under these circumstances we might state that society as an overall system has more benefits from helping the categories which are in bigger need of help (for example the ones mentioned in the principles of affirmative action).
ut what are the exact principles of affirmative action: let us take a look at them and analyze them. Title VI, section…… [Read More]
FCC & EEO
Federal Contract Compliance & EEO
Many foreign cultures associate the words United States of America with the vision of freedom and equality. People of many different races, disabilities and creeds have come to the United States seeking the impartiality upon which this country was founded. owever, the road to these favorable conditions of today has not been easy. The relentless pursuit of equality by Americans is written in history more than once. The most famous struggle for equality is Thomas Jefferson's Declaration of Independence. When the British began pressuring the American Colonies for more taxes, and generally becoming prejudiced, the colonists began writing poetry, drawing political cartoons, and painting patriotic pictures. The founding fathers gathered to take initiative to pursue their rights as a new country and as individuals. This paper will discuss the EEO compliance requirements necessary to become a Federal contractor as well as focus…… [Read More]
Ethics of Accommodating Religion
As the diversity within businesses increases at an alarming pace with the entire world transforming into a global village, employers, employees and legislators are all concerned about accommodating religious beliefs and observances. ith the signing of Title VII that permits employees to observe the tenets of their religion at workplace, employers are planning how to obey the laws and utilize the religious accommodation as a growing strength for their profitable businesses. This research paper addresses the most debatable issue of accommodating religious beliefs in commercial, professional and industrial dealings. Furthermore, the paper will outline the ways in which religious accommodation can be made possible and positive for both employees and the employers. The paper will also highlight the implication of religious accommodation in the workplace and will present the future direction.
Ethics of accommodating religion
The reason for being at work is to perform a job.…… [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]
In this regard, Osorio adds that, "The strike put deregulation on hold, giving the airlines a respite from intense competition and more time to plan for the post-deregulation era" (2000, p. 114). The PATCO strike also severely hampered further governmental employee unionizing activities for decades (Osorio, 2000).
The research showed that in 1981, the Professional Air Traffic Controllers Organization engaged in an illegal strike for more money, better working conditions and updated equipment that violated Title VII of the Civil Service eform Act of 1978. Notwithstanding the legitimacy of the union's demands, the manner in which they pursued them was violative of the law of the land and the President of the United States took matters into his own hands as chief executive officer and fired the lot of them in response, replacing them with supervisors, military air traffic controllers and newly hired controllers. The PATCO strike also had…… [Read More]
Relationships in the workplace are often positive in nature and allow for employees to enjoy their work experience. It is not uncommon for life-long friendships, romances, or even marriages to be born out of the relationships of coworkers. However, these same relationships can also create a very uncomfortable work environment.
Perhaps the most controversial workplace relationship is the office romance. Detrimental effects of these types of relationships range from sexual harassment suits to retaliatory actions after the breakup to jealousy from coworkers who believe that a person has climbed the corporate ladder by "sleeping his or her way to the top." (Nations usiness, Pg 1)
The Society of Human Resource Management surveyed six hundred human resource professionals in 1998. This poll concluded that thirteen percent of employers had a written policy on workplace romance. Fourteen percent claimed that they had a "clear understanding" of expected behaviors even though there was…… [Read More]
Older Americans Act (OAA) was first passed in 1965, alongside Medicare and Medicaid. Whereas Medicare and Medicaid offered extended insurance benefits through the federal government, the OAA established "the foundation for a system of services and supports that enables millions of older adults in this country to continue to live independently as they age," ("The Older Americans Act: Aging Well Since 1965," (The Older Americans Act: Aging Well Since 1965," n.d.). Along with its federal provisions, the OAA freed up grant money for the states to develop " community planning and social services, research and development projects, and training personnel in the field of aging," (The Older Americans Act: Aging Well Since 1965," n.d.). Basically, the OAA created an actual infrastructure to support America's aging population.
The OAA is currently comprised of seven titles:
• Title I: Declaration of Objectives
• Title II: Administration on Aging (Aoa)
• Title III:…… [Read More]
Yet women with similar or comparable education and experience or achievement still earn less than men in work organizations. A missing link or the absent ingredient, between performance and a just payoff, was identified as women's own ability to comfortably and consistently draw the attention they deserve to the contributions they made or gave. Findings of a study conducted on 322 male and female executives showed that women were less comfortable in promoting themselves than men. Many of them still believed that self-promotion by women was still unacceptable and that hard work alone would not put them in the same level as men. Women were also found to be "over-preparers" who wanted their work to be technically correct but who did not bring this sense of accuracy and care to the attention or notice of influential individuals in the organization. Goodson found that even women who understood the importance of…… [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]
BULINGTON INDUSTIES, INC. V. ELLETH
Supreme Court of the United States, 1998
524 U.S. 742
Vicarious liability of employer in a sexual harassment case
Sexual harassment, hostile work environment, vicarious liability, Title VII, affirmative defenses, job-related consequences
Kimberly Ellerth worked at Burlington Industries for 15 months under Ted Slowik, a vice president at Burlington. During that time, she alleged that Slowik created a hostile work environment by making unwanted sexual advances. On three occasions, comments were made that appeared to be a threat to deny Ellerth job-related benefits. However, the threats were not carried out and, on the contrary, Ellerth was promoted once. At no point during her employment did Ellerth notify anyone above Slowik of the alleged misconduct. Ellerth received a right-to-sue from the Equal Employment Opportunity Commission and commenced suit against Burlington for creation of a hostile work environment. The District Court granted summary judgment in favor…… [Read More]
arriers Female Educators Experience With Regard to Promotion Positions in Management and Leadership
Gender-ased Employment iases in Educational Fields:
An Examination of the arriers Experienced by Female Educators with Regard to Promotion and Management Positions in Education
While the plight for gender-equitable workplace has long been thought to have a potential solve within the halls of academia, the disparate employment equation between men and women has long been under-observed. The feminist's battle cry for equality rallied the forces around professional gender streamlining, and in the face of affirmative action for races, the professional inequality across genders gained widespread attention in the second half of the last century. Much of the increased discourse was cemented by the Title IX legislation, passed in 1972 and cementing the importance of gender balance in academic fields.
Title IX most notably prohibited sexual discrimination in education for students, but its legal boundaries included educators and…… [Read More]
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…… [Read More]
Hence, it is important for the proper application of the AA idea that those who make the anti-discrimination and AA policies understand both sides of the story and both the discriminator's and the victim's perspectives. So, in essence those groups of people who disagree on certain ideas or approaches towards justice must try to adopt an unbiased approach to understanding the reason behind the existence of the differences and resolve them through negotiation. This particular approach will allow the phenomenon of AA to be ethically acceptable in the long run (Katznelson, 2006).
There are many researchers who also support the use of the distributive format of justice for maintaining equality instead of the compensatory format of justice. This is so because many of these researchers believe that compensatory justice does not have an impact on the discriminatory act instead it mainly compensates ad tries to make up for the harm…… [Read More]
The purpose of this report is to accurately describe the systems and procedures at the Veterans Administration (VA). This report will fully analyze the history of legislation and court decisions that have implications to the agency's personnel management. Additionally this report will examine the major components of the agency's human resource system's goals and practices regarding hiring and recruitment practices. Finally the report will list recommendations that can improve the agency's success of recruiting and training a diversified workforce.
Laws Affecting the Agency
It is first important to examine the history of the VA itself before examining the more specific human resources department section of the Veterans Administration. According to the VA's website, the formation of this agency in the federal government has demonstrated the political views of this government towards the soldiers who fight the wars for this country. As a result of this relationship, laws, rules…… [Read More]
It is however also a challenge that cannot be ignored in the light of not only cultural change, but also political issues. Establishing trust within the police department itself, as well as between the police and its public is vitally important for current and future security issues.
With the targeted psychological support and counseling for all police officers, as well as a restructured reward and promotion program, I believe it is possible to encourage and effectively recruit all sectors of society to this profession. It is clear that there is no lack of talent, power or skill, but that problems occur mainly as a result of social and cultural values amongst existing police officers. The police force would however be more effective if it were more representative of the society of the 21st century. False beliefs regarding racial minorities or women no longer have a place in the United States.…… [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]
Diversity is a fact of American and International business and is a broader, more complex issue than one might initially believe. A universally vital element of global commerce, Diversity has spawned an abundance of theorists, journals and specialists, some of whom are encountered in this composition. Addressing the remarkable breadth and complexity of Diversity, this essay reviews: the nature of Diversity; legally protected classes within the United States; aspects of Diversity that fall outside the scope of U.S. legal protections; the benefits of Diversity for employers; the differences/challenges presented by Diversity for employers; general business adjustments/accommodations for Diversity; and suggested specific business adjustments/accommodations for Diversity. Though this work cannot exhaustively address all aspects of Diversity, it is meant to give a good overview of modern businesses' Diversity issues and possible solutions.
Nature of Diversity:
"Diversity" involves legally protected classes of people but also involves other classes of…… [Read More]
Legal Ethics of E-Mail and Social Media and Its Applicability to the Healthcare Industry
Consequences of Social Media
Perils of Building an Online Network
Caution with Employee Email Accounts
Issues when Endorsing other Companies
Benefits of Social Media
Legal Ethics of E-mail and Social Media and its Applicability to the Healthcare Industry
Social media has without a doubt changed the way we live, the way we view the world and the way we interact with one another. This paper acknowledges the undeniable good that social media has given us, while identifying the many ways that it has created issues and intricacies for the healthcare industry at large. This paper discusses the benefits of social media for healthcare professionals, while identifying some of the dire consequences, the perils of an online network, the issues connected to an employee email account and the caution one must…… [Read More]
Affirmative Action Planning
Through its reference to affirmative action, the Civil ights Act of 1964 ushered in a remedy for disadvantage and discrimination that was intended to reach into the hallowed halls of higher education, union halls, and corporate meeting rooms. President Johnson extended The Act to federal contractors through an Executive Order, and again the charge was to take affirmative action to ensure discrimination was not occurring. The Act was intended to guide and coerce social change, and it empowered the federal courts to penalize violators. The law was based on the construct that people who have been historically excluded from substantive social institutionalized benefits -- culture, education, employment -- needed a boost in the form of preferential selection. This means that the same factors that trigger or support exclusion, by law (ethnicity, gender, and race), become the same factors that drive the affirmative actions that serve…… [Read More]
correlate with coordinating and heading a dismissal meeting for an employee layoff. This essay will propose methods and means of coping with the negative emotions that accompany such transitions and offer helpful measures to conduct such a meeting. This essay will also include the compensation issues that also accompany dismals such as in this case. To help best understand the situation at hand, the effects of this layoff will also be discussed and ways to mitigate the possible negative effects during such events.
Coping With Dismissal
The act of dismissing an employee for human resources professional is a challenging procedure in many different ways. Change and transformation in large scale events is usually accompanied with great stress and unease. The entire company will feel the impacts of this decision so it is of the utmost importance to conduct termination or dismissal meetings with professionalism, empathy and good will.…… [Read More]
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]