Title Vii Essays (Examples)

Filter results by:

 

View Full Essay

Civil Right Act 1964 Is

Words: 2155 Length: 7 Pages Document Type: Essay Paper #: 86976092



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]

Works Cited List

American Psychological Association "Harris v. Forklift Inc." 2011.

Accessed 3 December 2011.

< www.apa.org > About APA > Directorates and Programs>

Cross, Frank. B, and LeRoy Miller, R. "Employment Discrimination." The Legal Environment of Business. Mason: South- West Cengage Learning, 2011
View Full Essay

MBA Human Resources

Words: 1597 Length: 5 Pages Document Type: Essay Paper #: 36322387

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]

References

American Law Institute-American Bar Association Committee on Continuing Professional Education (1988). Advanced employment law and litigation: ALI-ABA course of study materials. Philadelphia, Pa. (4025 Chestnut St.: American Law Institute-American Bar Association, Committee on Continuing Professional Education.

FindLaw (2003, January 24). GOLDMEIER v. ALLSTATE INSURANCE COMPANY, No. 01-3888., July 24, 2003 - U.S. 6th Circuit | FindLaw. Retrieved from  http://caselaw.findlaw.com/us-6th-circuit/1483827.html 

Labor & Employment Law Practice Group (2007, November 5). SIXTH CIRCUIT COURT DENIES EMPLOYEE'S RELIGIOUS ACCOMODATION AND DISCRIMINATION CLAIMS. Retrieved from  http://www.plunkettcooney.com/publications-145.pdf 

Lawson v. State of Washington (2002, April 10). Liebert Cassidy Whitmore | Court Concludes There Was No Constructive Discharge Due to Religious Beliefs. Retrieved from http://www.lcwlegal.com/64942
View Full Essay

Constructive Charge Case a Case of Religious

Words: 1568 Length: 5 Pages Document Type: Essay Paper #: 47859861

Constructive Charge Case

A CASE OF RELIGIOUS DISCRIMINATION?

Constructive Discharge

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]

BIBLIOGRAPHY

Business Laws (2013). The civil rights act of 1964. Business Laws.com. Retrieved on February 18, 2014 from  http://business.laws.com/sexual-harassment/civil-rights-act-of-1964 

EEOC (2014). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity

Commission: U.S. Equal Employment Opportunity Commission. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/statutes/titlevi.cfm

-. Religious discrimination. Retrieved on February 18, 2014 from  http://www.eeoc.gov/laws/types/religion.cfm
View Full Essay

Inception Affirmative Action Has Been

Words: 986 Length: 3 Pages Document Type: Essay Paper #: 8191427

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]

References

Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000 et seq (1964).

Exec. Order No. 11246, 30 FR 12319, 12935, CFR, 1964-1965.

U.S. Department of Labor. (2012). Office of Federal Contract Compliance Programs. Retrieved from United States Department of Labor:  http://www.dol.gov/ofccp/ 

Affirmative Action
View Full Essay

Samantha Elauf Case Study

Words: 989 Length: 3 Pages Document Type: Essay Paper #: 32918561

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]

References

Stoneburner, C. (2015). Supreme Court snatches victory away from Abercrombie & Fitch in hijab fight. Employment Discrimination Report. Retrieved October 22, 2015 from http://employmentdiscrimination.foxrothschild.com/2015/06/articles/equal-employment-opportunity-c/breaking-news-supreme-court-snatches-victory-away-from-abercrombie-fitch-in-hijab-fight/

Title VII of the Civil Rights Act of 1964. Retrieved October 22, 2015 from                   http://www.eeoc.gov/laws/statutes/titlevii.cfm                  

Totenburg, N. (2015). Justices: Retailer can't refuse to hire someone because she wears a hijab. NPR. Retrieved October 22, 2015.
View Full Essay

Metal Workers Employment Law Case Review One

Words: 1010 Length: 3 Pages Document Type: Essay Paper #: 52908594

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]

References

142 U.S.C. § 2000e-2000e-17 (1982)

Griggs v. Duke Power Co., 401 U.S. 424, 429 (1971).

Moreno, P.D. (1999). From direct action to affirmative action: Fair employment law and policy in america 1933-1972. (3rd ed.). Baton Rouge, LA: Louisiana State University Press.

Napolitano, S. (1987). Interpreting the legislative history of section 706(g) of title vii. Boston College Third World Law Journal, 7(2), 263-276. Retrieved from http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1378&context=twlj
View Full Essay

Oncale Texting Oncale v Sundowner Offshore Services

Words: 1137 Length: 4 Pages Document Type: Essay Paper #: 51229122

ONCALE

Texting

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]

References

Goodman, Ellen. (1991). The reasonable woman standard. The Boston Globe. Retrieved:

http://faculty.mdc.edu/dmcguirk/ENC2106/Goodmanareasonablestandard.htm

Twomey, David. (2013). Labor and employment law. Cengage.
View Full Essay

Irac Riordan Any Company That Is a

Words: 2995 Length: 10 Pages Document Type: Essay Paper #: 67901343

IAC (iordan)

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]

References

Association for Automatic Identification and Mobility: Technologies: RFID / What is RFID?.

(2011).

Retrieved on 19 April 2011:

http://www.aimglobal.org/technologies/rfid/what_is_rfid.asp
View Full Essay

Affirmative Action Ever Since the Upheavals of

Words: 1322 Length: 4 Pages Document Type: Essay Paper #: 22867949

Affirmative Action

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]

Works Cited

Kelly, E, & Dobbin, F. (2001). "How affirmative action became diversity management:

employer response to antidiscrimination law, 1961-1996" in Color lines: affirmative action, immigration, and civil rights options for America. Chicago, IL: University of Chicago Press.

Rubenfeld, J. (1997). Affirmative action. Yale Law Journal, 107(2), 427-472.

U.S. Commission on Civil Rights, Ohio Advisory Committee. (1998). Employment opportunities for minorities in Montgomery county, Ohio. Retrieved from   http://www.usccr.gov/pubs/sac/oh0300/ch1.htm
View Full Essay

Rawlinson Case We Background - Dianne Rawlinson

Words: 794 Length: 2 Pages Document Type: Essay Paper #: 84235608

awlinson Case

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]

REFERENCES

Dothard v. Rawlinson (No. 76-422). (1977). United States Supreme Court.

Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0433_0321_ZS.html

CSWD (Council on Size and Weight Discrimination). (2006). Laws and Ordinances. Retrieved from:  http://www.cswd.org/docs/legalaction.html 

Cushman, C. (2001). Supreme Court Decisions and Women's Rights. Washington, DC: CQ Press.
View Full Essay

Business Law Discuss the Doctrine

Words: 1088 Length: 3 Pages Document Type: Essay Paper #: 35418091

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.

Question

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]

Works Cited

Elias, Stephen. (1998)."Trade Secret Law: Overview." Nolo Press. Retrieved 8 Apr 2007 at:  http://www.marketingtoday.com/legal/tradesec.htm#1 

Estoppel." (2007). Nolo.com. Retrieved 8 Apr 2007 at http://www.nolo.com/definition.cfm/term/7F1E56D5-7EC1-4CEB-86B3943F6990FF77

Messiha, Dominic J. & Hillary R. Ross. (May 2006). "EEOC Revises Compliance

Manual to Target More 'Contemporary' Forms of Discrimination." ASAP: Littler Mendelson Time Sensitive Newsletter. Retrieved 8 Apr 2007 at http://www.littler.com/collateral/print/61A7D18C32514B88187D50664174D11F.html
View Full Essay

Individual With a Communicable Disease That Is

Words: 1417 Length: 5 Pages Document Type: Essay Paper #: 68800986

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]

Bibliography

Choose Charity. "How to Run a Business Without Hiding Your Faith." http://choosecharity.org/titlevii_information.htm#_edn1

Cohen, Michael. "As Freely As Everyone Else" Human Rights Campaign. http://www.hrc.org/Template.cfm?Section=Home& CONTENTID=25218& TEMPLATE=/ContentManagement/ContentDisplay.cfm

Human Resources UNC. "Summary of Applicable Laws and Policy Guidelines." Human Resources University of North Carolina. http://hr.unc.edu/Data/SPA/employeerelations/summary-of-laws

Rochelle, Dudley. "Ten Tips for Employers to Avoid Religious Discrimination" Marketplace Leaders. http://marketplaceleaders.org/articles_view.asp?articleid=5623& columnid=743
View Full Essay

Elements Features and Controversies Surrounding Affirmative Action

Words: 1380 Length: 4 Pages Document Type: Essay Paper #: 31473338

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]

References

Bennett-Alexander, D. & Hartman, L.P. (2012). Employment Law for Business (7th ed.). New York: McGraw Hill.

Nebraska Advisory Committee. (1979). Private Sector Affirmative Action: Omaha. University of Maryland School of Law. Retrieved 4 July 2014 from https://www.law.umaryland.edu/marshall/usccr/documents/cr12om1.pdf

USCCR. (2000). Employment Opportunities for Minorities in Montgomery County, Ohio. USCCR. Retrieved 4 July 2014 from   http://www.usccr.gov/pubs/sac/oh0300/ch1.htm
View Full Essay

Griggs v Duke Power Was a Landmark

Words: 542 Length: 2 Pages Document Type: Essay Paper #: 81309743

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]

View Full Essay

Civil and Criminal Law Are

Words: 954 Length: 3 Pages Document Type: Essay Paper #: 6431401



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]

View Full Essay

Business Law Quid Pro Quo

Words: 913 Length: 2 Pages Document Type: Essay Paper #: 10658370



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]

View Full Essay

Employment Laws the Significance of

Words: 438 Length: 1 Pages Document Type: Essay Paper #: 47758659

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.

Bibliography

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]

The 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
View Full Essay

American Employment Regulations Employment in the United

Words: 939 Length: 3 Pages Document Type: Essay Paper #: 89461245

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]

Works Cited:

Lieberwitz, R. (no date) Employment discrimination law in the United States: On the road to equality? Cornell University. Retrieved November 12, 2012 from http://www.jil.go.jp/english/events_and_information/documents/clls08_lieberwitz.pdf

NLRB. (2012). National Labor Relations Act. National Labor Relations Board. Retrieved November 12, 2012 from https://www.nlrb.gov/national-labor-relations-act

PBS. (2007). Expanding civil rights: Landmark cases. The Supreme Court/PBS Retrieved November 12, 2012 from  http://www.pbs.org/wnet/supremecourt/rights/landmark_regents.html 

WAGE Project. (2012). Interview questions legal. WAGE Project. Retrieved November 12, 2012 from  http://www.wageproject.org/files/tart_mart_Interview_Questions_legal.php
View Full Essay

Ethics and Social Responsibility of Management

Words: 594 Length: 2 Pages Document Type: Essay Paper #: 10404798

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]

REFERENCES: A LEGAL HISTORY OF AFFIRMATIVE ACTION, Report from the Institute for Philosophy & Public Policy, vol. 17, nos. 1 & 2, Winter/Spring 1997, pp. 9-20

Allen, Patrick D. Understanding Federal Court Decisions Federal laws aren't applied as consistently as you might believe. HR Magazine, 12-01-1998.

Civil Rights Act of 1964, Section VII. 4/23/02. Department of Labor. http://www.dol.gov/dol/oasam/public/regs/statutes/2000e-16.htm.

Chart of Cases. 4/23/02. Touro Law. https://www.tourolaw.edu/patch/Chart.html.
View Full Essay

Downside of Affirmative Action Affirmative Action Has

Words: 1459 Length: 3 Pages Document Type: Essay Paper #: 23371069

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]

Bibliography

CNN. (January 16, 2003). Bush criticizes university 'quota system'. CNN.com. Retrieved on the Internet at  http://www.cnn.com/2003/ALLPOLITICS/01/15/bush.affirmativeaction/ .

Crock, Stan. A Thunderous Impact on Equal Opportunity. Business Week, June 26, 1995: p. 37.

Giraldo, Zaida I. What Everyone Should Know About Affirmative Action. Peaceful Action, May 1995: pp. 44-46.

Wilson, R. Affirmative Action: Yesterday, Today, and Beyond. American Council on Education, 1995.
View Full Essay

Ethics Law Case Critical Thinking

Words: 1206 Length: 4 Pages Document Type: Essay Paper #: 19118609

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]

References

FindLaw. (2014). Annotation 28 -- Article 1. http://constitution.findlaw.com / Retrieved from http://constitution.findlaw.com/article1/annotation28.html

OpenJurist. (2014). Corbesco Inc. v. Dole. http://openjurist.org Retrieved from http://openjurist.org/926/f2d/422/corbesco-inc-v-dole

Treu, S.B. (2012). Show me the money! Or else. American Bar Association. Retrieved from http://apps.americanbar.org/buslaw/blt/ndtreu.html

YOUR CHEESEMAN TEXTBOOK
View Full Essay

BFOQ Define BFOQ and List to Which

Words: 1732 Length: 4 Pages Document Type: Essay Paper #: 29642906

BFOQ

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]

References

Bernardin, John H. (2007) "Human Resource Management"

Tata McGraw-Hill.

Enotes. (2006) "Meritor Savings Bank v. Vinson" Gale Cengage. Retrieved 31 March, 2013

from http://www.enotes.com/meritor-savings-bank-v-vinson-reference/meritor-savings-bank-v-vinson
View Full Essay

Managing Positive Employee Relations Index

Words: 3158 Length: 10 Pages Document Type: Essay Paper #: 27334020

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]

View Full Essay

Rio Linda Dist Recruiting &

Words: 1630 Length: 5 Pages Document Type: Essay Paper #: 18558428

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]

References

Barker, B. (October 17, 2005). Interview. Rio Linda Union School District Office,

California.

Certificated Personnel BP 4112.2 CERTIFICATION. (October 30, 2005).

California school boards association. Retrieved October 30, 2005, at http://www.gamutonline.net/indexframes40.html.
View Full Essay

Employment Application

Words: 580 Length: 2 Pages Document Type: Essay Paper #: 62591203

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]

View Full Essay

Educational Law How Lawful How

Words: 3482 Length: 12 Pages Document Type: Essay Paper #: 99959850

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]

Bibliography

Katznelson, I. (2006). When is affirmative action fair? 19 pages. Social Research: New School for Social Research

National Review (1995). Courting trouble. 2 pages. National Review, Inc.: Gale Group

O'Sullivan, J. (2003). Affirmative action forever? 5 pages. National Review: National Review, Inc.

Paul, P. (2003). The legacy of affirmative action. 2 pages. Media Central, Inc.: PRIMEDIA Company
View Full Essay

Manager's Behavior Memo Management Behavior Imagine a

Words: 892 Length: 3 Pages Document Type: Essay Paper #: 15718537

MANAGE'S BEHAVIO MEMO

Management Behavior Imagine a midlevel sales manager InterClean, Inc. -level managersunder responsibility. In response a merger place EnviroTech, instructed

HM/531

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]

References

Larsson, R., & Finkelstein, S. (1999). Integrating Strategic, Organizational, and Human Resource Perspectives on Mergers and Acquisitions: A Case Survey of Synergy Realization. Organization Science, 10(1), 1-26.

Norgard, J.D., & Skodvin, O.-J. (2002). The Importance of Geography and Culture in Mergers: A Norwegian Institutional Case Study. Higher Education, 44(1), 73-90.
View Full Essay

Labor and Employment Law

Words: 1948 Length: 7 Pages Document Type: Essay Paper #: 38374886

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]

Works Cited:

Department of Labor. (2012). Employee rights under the National Labor Relations Act. U.S. Department of Labor. Retrieved April 21, 2013 from  http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf
View Full Essay

Politics of Being a Woman

Words: 579 Length: 2 Pages Document Type: Essay Paper #: 2547070



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]

The National Woman Suffrage Association was formed in 1869, with a focus on achieving a constitutional amendment granting women in the United States the right to vote. The American Woman Suffrage Association was formed alter in that same year, and its efforts were directed at achieving individual state amendments or laws allowing women to vote -- a tactic that would prove more successful for several decades. In 1913, however, here still had not been a significant amount of progress made, and a more radical group was formed. The Congressional Union for Women's Suffrage was more vocal in their fight, but also slighted women of color as a means of retaining popularity in the South. The struggle continues with such organizations as the National Organization for Women, which was founded in the 1960s in an effort to establish true equality and freedom from discrimination for women.

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. This 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. Title 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.

The first woman was elected to Congress in 1917, and the struggle for equality within the government itself has been in full force ever since. Currently, there are seventeen female U.S. Senators and seventy-four women sated in the House of Representatives, making for the highest number of women ever serving in the U.S. Congress in the nation's history. Nancy Pelosi is also the first female Speaker of the House, a very powerful political position (and second to the Vice President in terms of ascension to the Presidency). Still, given that these numbers represent far less than half of the available Congressional seats, it is clear that equality is not really a state that has been reached in terms of gender. The struggle for women's rights and equality continues with more political force today, however, thanks to the work of those in the past.
View Full Essay

Firefighter Employment Scenario Although IT's Not Clear

Words: 624 Length: 2 Pages Document Type: Essay Paper #: 25701632

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]

References

Federal Emergency Management Agency. (2013). Strategies for Marketing Your Fire Department Today and Beyond. United States Fire Administration. Web. http://www.usfa.fema.gov/downloads/pdf/publications/marketing.pdf

U.S. Equal Employment Opportunity Commission. (2013). Title VII of the Civil Rights Act of 1964. Statutes. Web.                   http://www.eeoc.gov/laws/statutes/titlevii.cfm
View Full Essay

Coleman v Maryland Court of Appeals There

Words: 2144 Length: 6 Pages Document Type: Essay Paper #: 52190073

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]

REFERENCES

Blatchford v. Native Village of Noatak, 89-1782 (U.S. Supreme Court 501 June 24, 1991).

Coleman v. Court of Appeals of Maryland, 10-1016 (U.S. Supreme Court 566 March 20, 2012).

Nevada Department of Human Resources v. William Hibbs, 01-1368 (U.S. Supreme Court 538 May 27, 2003).

Family and Medical Leave Act. (2012). United States Department of Labor -- Wage and Hour Division. Retrieved from:   http://www.dol.gov/whd/fmla/index.htm
View Full Essay

Employment Law

Words: 1257 Length: 4 Pages Document Type: Essay Paper #: 1500755

Oncale v. Sundowner Offshore Services

STATUATE SUMMAY

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]

References

"Oncale v Sundowner Offshore Services." (2005). Equal Rights Advocates. September 15, 2005.

"Oncale v Sundowner Offshore Services." (2005). From Wikipedia the Free Encyclopedia. September 15, 2005.

"Same Sex Harassment." (2002). Employer-Employee.com. September 15, 2005.

"U.S. Supreme Court No. 96-568" (1998). FindLaw for Legal Professionals. Text of the judgment. In Joseph Oncale, Petitioner v. Sundowner Offshore Services, Inc. September 15, 2005.
View Full Essay

Disparate Impact and Treatment by the Tva

Words: 928 Length: 3 Pages Document Type: Essay Paper #: 93503027

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]

References

Dunlap v. Tennessee Valley Authority, 519 F. 3d 626 (6th Cir. 2008).

Seiner, J.A. (2013). Plausibility and disparate impact. Hastings Law Journal, 64, 287-324.
View Full Essay

Women and Gender Bias the

Words: 13238 Length: 42 Pages Document Type: Essay Paper #: 41373850

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]

Bibliography:

"Access, equity and diversity, American association for affirmative action," Retrieved October 27, 2010 from http://www.affirmativeaction.org/resources.html

Anderson, TH. The pursuit of fairness: a history of affirmative action, Oxford University Press, 2005

"Affirmative action" in Stanford Encyclopedia of Philosophy, Retrieved October 27, 2010 from  http://plato.stanford.edu/entries/affirmative-action/ 

"Affirmative action- pros and cons, the origins of, legal treatment of, political and social debates, the future" in Encyclopedia. Jrank. Org., Retrieved October 25, 2010 from  http://encyclopedia.jrank.org/articles/pages/5916/Affirmative-Action.html
View Full Essay

Laws Impacts on Business and Its Costs

Words: 1579 Length: 5 Pages Document Type: Essay Paper #: 98947301

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]

References

Bagnestos, S. (2013). Employment law and social equity. Michigan Law Review. Vol. 112 (2013) 225-273.

Brill, E., Fant, L. & Baddish, N. (2013) 2012-2013 U.S. Supreme Court wrap-up: Hot topics in labor and employment law. Employee Relations Law Journal. In possession of the author.

EEOC. (2013). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity Commission. Retrieved December 5, 2013 from                   http://www.eeoc.gov/laws/statutes/titlevii.cfm                  

EEOC. (2013). Genetic information discrimination. Equal Employment Opportunity Commission. Retrieved December 5, 2013 from  http://www.eeoc.gov/laws/types/genetic.cfm
View Full Essay

Federal Contract Compliance and EEO

Words: 1651 Length: 6 Pages Document Type: Essay Paper #: 3410696

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]

Hall, F.S. 1977. Gaining EEO Compliance with a Stable WorkForce. Personnel Journal. 56:454.

Landau, B.W. 2002. State Employees and Soverign Immunity: Alternatives and Strategies for Enforcing Federal Employment Laws. Harvard J. On Legis. 169(39).

Maltby, L. And Yamada, D. 1996. Beyond Economic Realities: The Case for Amending Federal Employment Discrimination Laws to Include Independent Contractors. Boston College Law Review. 38(2).
View Full Essay

Ethics of Accommodating Religion

Words: 2629 Length: 8 Pages Document Type: Essay Paper #: 51627435

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]

Works Cited

Murphy H., Hildebrandt W. & Thomas J., Effective Business Communications, Seventh Edition, McGraw Hill Publishers, ISBN: 0-07-114507-9

Mallory M. Balancing faith with work Employees, firms must weigh beliefs vs. offending others., The Atlanta Journal and Constitution, 04-08-2001,-Page: R1.

Religion in the workplace: liabilities and opportunities. Available at: http://www.orcinc.com/readroom/WI-12.pdf (November 15, 2002)

Lynn J., Your Business: Management. Vol. 27, Entrepreneur Magazine, 08-01-1999, Pages: 69-71
View Full Essay

Equal Employment Opportunity and HRM

Words: 961 Length: 3 Pages Document Type: Essay Paper #: 56172908

EEOC/HM

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]

References

Ada amendments update: issues hr professionals must know. HR Focus, (2010), 87 (5), 12-16.

Take a policy approach to fight discrimination claims. HR Focus, (2009), 86 (8), 1-4.

U.S. Department of Labor, Equal Employment Opportunity Commission. (2008). Compliance manual section 12-religious discrimination. Retrieved from U.S. GPO website:

 http://www.eeoc.gov/policy/docs/religion.html
View Full Essay

Air Traffic Controller Representation Pro-Or

Words: 1794 Length: 6 Pages Document Type: Essay Paper #: 36762936

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).

Conclusion

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]

References

Grimes, P.W. (1999). The decline of strike activity and the post-PATCO era. Atlantic Economic

Journal, 32(2), 37.

Manheim, J.B. (2001). The death of a thousand cuts: Corporate campaigns and the tttack on the corporation. Mahwah, NJ: Lawrence Erlbaum Associates.

Minchin, T.J. (2000, Spring). Torn apart: Permanent replacements and the Crossett Strike of
View Full Essay

Relationships in the Workplace Are Often Positive

Words: 1072 Length: 3 Pages Document Type: Essay Paper #: 65936369

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]

Bibliography

Nation's Business. (1998). Retrieved February 26, 2003, from findarticles.com Website: http://www.findarticles.com/cf_dls/m1154/n7_v86/20797623/print.jhtml

Olian, Judy. (2001). On the Job: Workplace Romances are Managements Business. Retrieved February 26, 2003, from Post-Gazette. Website: http://www.post-gazette.com/businessnews/20011120olian1120bnp6.asp

Mann, Lisa. (1994). Resolving Gender Conflict in the Workplace, Consensual and Nonconsensual Conduct. Retrieved February 26, 2003, from Modrall Sperling. Website: http://www.modrall.com/articles/article_44.html

McIntyre, Kelly S. (1998). The Office -- the Place to Look for Love. Retrieved February 26, 2003 from Vantage 2000. Website:  http://www.siop.org/tip/backissues/tipjan99/tipjan98/hartel.html
View Full Essay

Women Sex Discrimination in Career

Words: 2792 Length: 10 Pages Document Type: Essay Paper #: 30862379

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]

Bibliography

1. Auster, Ellen R. professional Women's Mid-career Satisfaction. Sex Roles: a Journal of Research, June 2001

2. Hultin, Mia. Wages and Unequal Access to Organizational Power: an Empirical Test of Gender Discrimination. Administrative Science Quarterly: Connell University Johnson Graduate School

3. Lemons. Mary A. Contextual and Cognitive Determinants of Procedural Justice: Perceptions in Promotion Barriers for Women. Sex Roles: a Journal of Research: Plenum Publishing Corporation

4. Moya, Miguel. Close Relationships, Gender and Career Salience. Sex Roles: a Journal of Reserch: Plenum Publishing Corporation, May 2000
View Full Essay

Employment Laws and HRM Strategy

Words: 2054 Length: 7 Pages Document Type: Essay Paper #: 5060026

Maryland Labor Laws

INTRODCUTION

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]

Works Cited

Aitken, R. (1993). Human Resources Planning: Issues and Methods. Department of Population and International Health, Harvard University, July 1993. Retrieved from http://www.hsph.harvard.edu/ihsg/publications/pdf/No-1.PDF

Boudreau JW & Ramstad PM (2006). "Talentship and Human Resource Measurement

and Analysis: From ROI to Strategic Organizational Change," Human Resource

Planning, 29(1).
View Full Essay

Burlington Industries Inc V Ellerth Supreme Court

Words: 475 Length: 2 Pages Document Type: Essay Paper #: 26055085

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

FACTS:

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]

REFERENCES

Biskupic, Joan. 1998. "Defining the Terms of Harassment," Washington Post, April 20, 1998,-Page A01.

Burlington Industries, Inc. v. Kimberly B. Ellerth, 524 U.S. 742 (Supreme Court of U.S. 1998).
View Full Essay

Barriers Female Educators Experience With Regard to Promotion Positions in Management and Leadership

Words: 1474 Length: 3 Pages Document Type: Essay Paper #: 12277415

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]

Bibliography

American Educational Research Association. 2005 Annual Meeting: Demography and Democracy in the Era of Accountability. Washington, D.C.: AERA, 2005.

American Educational Research Association. Complementary Methods for Research Education. Second Ed. Washington, D.C.: AERA, 2005.

American Educational Research Association. From Research Findings to Policy Advice: A Guide for AERA Members. Second Ed. Washington, D.C.: AERA, 2001.

Bailey and Campbell, S.M. And P.B. "Gender Equity: The Unexamined Basic of School Reform." Stanford Law and Policy Review. Volume 5. (Winter, 1992.) p. 73-86.
View Full Essay

Role U S Constitution U S Legal System Business

Words: 981 Length: 3 Pages Document Type: Essay Paper #: 44758156

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]

References:

2010, Federal regulations prohibiting job description, Environmental Protection Agency, http://www.epa.gov/ocr/crslawreg.htm last accessed on June 7, 2012

God's Sacred Calendar, Sacred Calendar, http://www.sacredcalendar.info/Year.htmllast accessed on June 7, 2012

How to file an employment complaint, The Official Website of the State of South Carolina, http://www.state.sc.us/schac/how_to_file.htm last accessed on June 7, 2012
View Full Essay

VA HR the Purpose of This Report

Words: 1367 Length: 5 Pages Document Type: Essay Paper #: 38051624

VA H

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]

References

The Department of Veterans Affairs Human Resource Strategic Plan 2005-2010. Retrieved from   http://www.va.gov/ofcadmin/docs/HRA_Strategic_Plan.pdf  

US Department of Veterans Affairs. " History of the VA." Viewed 12 May 2013. Retrieved from   http://www.va.gov/about_va/vahistory.asp  

US Department of Veterans Affairs. "Diversity and Inclusion Annual Report FY 2012. " Retrieved from   http://www.diversity.va.gov/products/files/diar.pdf  

US Department of Veterans Affairs. VA History. Retrieved from   http://www.va.gov/opa/publications/archives/docs/history_in_brief.pdf
View Full Essay

Affirmative Action Defined Affirmative Action

Words: 2996 Length: 10 Pages Document Type: Essay Paper #: 15644035

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]

References

Boston, T and Nair-Reichert, U. (2003). Affirmative Action: Perspectives from the United States, India and Brazil. The Western Journal of Black Studies, 27.

Bulman-Pozen, J. (2006). Grutter at Work: A Title VII Critique of Constitutional Affirmative Action. Yale Law Journal, 115

Chambers, D.L., Clydesdale, T.T., Kidder, W.C. And Lempert, R.O. (2005). The Real Impact of Eliminating Affirmative Action in American Law Schools: An Empirical Critique of Richard Sander's Study. Stanford Law Review. 57: 6.

Chronicle of Higher Education. (2001). College enrollment by racial and ethnic group, selected years. Chronicle of Higher Education Almanac. Available: http://chronicle.com/weekly/almanac/2001/nation/0102002.htm
View Full Essay

Minorities in Policing Facing the

Words: 1622 Length: 5 Pages Document Type: Essay Paper #: 22847343

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]

Bibliography

Bouza, Chief Anthony V. The Police Mystique: An insider's look at cops, crime and the criminal justice system. New York: Plenum Press, 1990.

Couper, David C. "Seven seeds for policing." In the FBI Law Enforcement Bulletin, March 1994.

Polombo, Bernadette Jones (Assisted by Nancy Demarais). "Attitudes, training, performance and retention of female and minority police officers." In Diversity, Affirmative Action and Law Enforcement edited by George T. Felkenes and Peter Charles Unsinger. Springfield, IL: Charles C. Thomas, 1992.

Trostle, Lawrence C. "Recruitment, hiring, and promotion of women and racial minorities in law enforcement." In Diversity, Affirmative Action and Law Enforcement edited by George T. Felkenes and Peter Charles Unsinger. Springfield, IL: Charles C. Thomas, 1992.
View Full Essay

Equal Employment Opportunity Affirmative Action

Words: 2574 Length: 10 Pages Document Type: Essay Paper #: 49160715

" (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]

Bibliography

Rogers, Eloise (2008) Column: Affirmative Action Policy is Outdated, Offensive. Campus Times in: UWIRE, CBS News 20 Nov 2008. Online available at: http://www.cbsnews.com/stories/2008/11/21/politics/uwire/main4622919.shtml

Holmberg, Kelley (2008) Affirmative Action as Outdated as Discrimination. The Chase -- College Media Network. 27 Feb 2008. Online available at: http://media.www.enmuthechase.com/media/storage/paper1015/news/2008/02/27/Opinion/Affirmative.Action.As.Outdated.As.Discrimination-3238855.shtml#4

Burke, Ronald J. And Cooper, Cary L. (2005) Reinventing Human Resource Management: Challenges and New Directions. Routledge 2005.

Kepple, Benjamin (1995) the Fallacy of Affirmative Action.15 Nov 1995. Online available at: http://www.umich.edu/~mrev/archives/1995/11-15-95/affirm.html
View Full Essay

Managing Diversity

Words: 4114 Length: 12 Pages Document Type: Essay Paper #: 16049563

Managing Diversity

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.

Analysis

Nature of Diversity:

"Diversity" involves legally protected classes of people but also involves other classes of…… [Read More]

Works Cited

Akbari, H. (2008). Education business professionals for year 2010 and beyond: Six critical management themes and skills to emphasize. International Business & Economics Research Journal, 7(7), 57-62.

Comperatore, E., & Nerone, F. (2008). Coping with different generations in the workplace. Journal of Business & Economic Research, 6(6), 15-30.

Domina, C.S. (2011). Our strength is in our Diversity: Fact or fancy? Journal of Diversity Management, 6(1), 1-9.

Figiel, V.L., & Kummel Sasser, M.A. (2010). Factors contributing to employee decisions to ignore Diversity policies. Journal of Diversity Management, 5(4), 11-17.
View Full Essay

Social Media and Healthcare

Words: 3856 Length: 12 Pages Document Type: Essay Paper #: 25945795

Legal Ethics of E-Mail and Social Media and Its Applicability to the Healthcare Industry

Consequences of Social Media

p.3

Perils of Building an Online Network

p.6

Caution with Employee Email Accounts

p.8

Issues when Endorsing other Companies

p.10

Benefits of Social Media

p.13

p.15

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]

References

Americanprogress.org. (2004, July 2). The Civil Rights Act 40 Years Later. Retrieved from americanprogress.org: http://americanprogress.org/issues/women/news/2004/07/02/891/the-civil-rights-act-40-years-later/

Car, J. (2004). Email consultations in health care: 2 -- acceptability and safe application. Retrieved from nih.gov:  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC514210/ 

Findlaw.com. (2010, April 6). How Private Are Personal Emails Sent Via Employer Computers? Retrieved from findlaw.com:  http://blogs.findlaw.com/technologist/2010/04/how-private-are-personal-emails-sent-via-employer-computers.html 

Miami.edu. (2005, May 14). Health Insurance Portability and Accountability Act of 1996 (HIPAA). Retrieved from miami.edu:  http://privacy.med.miami.edu/glossary/xd_hipaa.htm
View Full Essay

Avoiding Reverse Discrimination While Making a Difference

Words: 3532 Length: 10 Pages Document Type: Essay Paper #: 20880755

Affirmative Action Planning

Affirmative Action

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]

References

Aron, N. (2011, March 28). Wal-Mart v. Dukes: The Supreme Court's Big Case Threatens the Ability to Fight Corporate Misbehavior. Alliance for Justice. Huffington Post.

Bates, T. (2009, August). Utilizing Affirmative Action in a public sector procurement as a local economic development strategy. Economic Development Quarterly, 23(3). DOI: 10.1177/089242409333549.

Blanchflower, D.G., Levine, P.B., & Zimmerman, D.J. (2003). Discrimination in the small business credit market. The Review of Economics and Statistics, 91(3), 503-522.

Blanchflower, D.G., and Wainwright, J. (2005). An analysis of the impact of affirmative action programs on self-employment in the construction industry. NBER working paper no. 6840
View Full Essay

Firing an Employee

Words: 1101 Length: 4 Pages Document Type: Essay Paper #: 16499371

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

Managing Information

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]

References

Ashkenas, R. (2013). If You Have To Fire An Employee: Here's How To Do It Right. Forbes, 3 Mar 2013. Retrieved from http://www.forbes.com/sites/ronashkenas/2013/03/11/if-you-have-to-fire-an-employee-heres-how-to-do-it-right/

Finnie Jr., R.A., & Sniffin, P.B. (1984). Good Endings: Managing Employee Terminations. Retrieved from http://files.eric.ed.gov/fulltext/ED274230.pdf

Perritt Jr., H.H. (1989). Future of Wrongful Dismissal Claims: Where Does Employer Self-Interest Lie, The. U. Cin. L. Rev., 58, 397.
View Full Essay

Equal Employment Opportunity

Words: 2043 Length: 7 Pages Document Type: Essay Paper #: 300885

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.

History

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]

References

Acemoglu, D. & Angrist, J. (2001). Consequences of employment protection? The case of the Americans with disabilities act. Journal of Political Economy. Vol. 109 (5) 915-957.

ACLU (2014). Website, various pages. Retrieved December 9, 2014 from https://www.aclu.org/maps/non-discrimination-laws-state-state-information-map

Arneson, R. (2002) Equality of opportunity. Stanford Encyclopedia of Philosophy. Retrieved December 9, 2014 from http://plato.stanford.edu/entries/equal-opportunity/

Blake, J. (2014). Has the Roberts court placed landmark 1964 civil rights law on a hit list? CNN . Retrieved December 9, 2014 from http://www.cnn.com/2014/04/10/us/roberts-court-civil-rights-law/
View Full Essay

Pre-Screening Tests in Automotive Companies

Words: 814 Length: 2 Pages Document Type: Essay Paper #: 98961089

The resulting legal ramifications have created an environment of sensitivity to all types of potential discrimination through pre-employment testing procedures.

The ADA Act of 2008 became effective on January 1, 2009. A significant change in the way "disability" is defined is incorporated in the language, so the EEOC is preparing to evaluate the impact of how the language affects the ADA and how it is enforced. Pre-job testing, even though it is done for the right reasons, may now be affected.

The National Institute on Disability and ehabilitation esearch (NID) has established 10 regional centers providing information, technical assistance and training to people with disabilities, employers, and others having responsibilities under the ADA (Nester, Mary Ann, 2008). Even though historically, job applications and interviews could request information concerning an applicant's mental and physical condition, because it was used to discriminate against and even exclude applicants with disabilities, it has created…… [Read More]

References

Nester, Mary Ann, Pre-Employment Testing and the ADA. Program on Employment and Disability, School of Industrial and Labor Relations-Extension Division, Cornell University, funded by a grant from the National Institute on Disability and Rehabilitation Research (2008). Reviewed June 29, 2009 at http://www.theaaceonline.com/employ.pdf.

Kaplan, Daniel A., J.D., Foley & Lardner LLP, Employment Testing in the Workplace, March 20, 2008. Reviewed June 29, 2009 at http://www.foley.com/files/tbl_s31Publications/FileUpload137/4910/MRA_Kaplan.pdf.

"In a recent case, EEOC v. DaimlerChrysler Corp., an applicant test failed to accommodate those with learning disabilities who needed reading accommodations during the pre-employment test given for nonexempt manufacturing jobs. The case resulted in the ruling that applicants should have the opportunity to take the hiring test with the assistance of a reader if they have proof of an ADA disability. This illustrates that employment testing in the pre-employment context must be continually evaluated to determine if the tests create potential disparate effects and to ensure that the tests are legitimately related to the requirements of the positions for which they are developed/provided" (Kaplan., 2008, p. 1).
View Full Essay

Diversity Important in Health Care

Words: 3805 Length: 14 Pages Document Type: Essay Paper #: 98981928

The Foundation called specific attention to the prospect of institutional and policy-level strategies to increase the participation of under-represented minorities in the health professions. In response, the Institute Committee on Institutional and Policy-Level Strategies for Increasing the Diversity of the U.S. Healthcare Workforce came out with a report, entitled "In the Nation's Compelling Interest: Ensuring Diversity in the Health Care Workforce." The Committee consisted mostly of academicians, two of whom represented the nursing profession.

In its report, the Committee recognized the importance of increasing racial diversity among health professionals in order to improve access to care, greater patient choice and satisfaction and better educational experiences for practitioners, among other benefits. It also recognized the lack of strategies in reducing institutional and policy-level barriers among health profession educational institutions or HPEIs. In response to the lack, the Committee recommended that health professions education make a clear stand and mission on the…… [Read More]

BIBLIOGRAPHY

AHRQ (2007). The national healthcare disparities report, 2006. Agency for Healthcare

Quality and Research, Medscape. Retrieved on June 18, 2009 from http://www.medscape.com/viewarticle/552271

www.medscape.com

Alabama Nurse (2004). ANA Review: Institute of Medicine report on workforce diversity,
View Full Essay

Training and Retaining Quality Employees

Words: 3672 Length: 11 Pages Document Type: Essay Paper #: 43933604



On the other hand, Harris suggests that some observers believe high turnover among employees is "not only inevitable, but also desirable… [because] employee mobility within the industry promotes workforce flexibility, allowing employees to acquire and develop new skills as they move through different organizations" (73). Harris takes it one step further when he reports that the "acquisition of transferable skills" has a powerful appeal to the "entrepreneurial aspirations of hospitality employees." Hence, Harris points out on page 73, "turnover is actively encouraged" by some leaders in the hospitality industry, along with ambitious workers, because this high turnover practice helps to "…create future managers for the industry." Moreover, turnover can be seen as a positive dynamic because "new ideas" are thus brought into the workplace -- as a way to "prevent stagnation in creativity" -- although in reality HR managers are often loathe to see highly energized, talented staff leave the…… [Read More]

Bibliography

Altarawneh, Lkhlas, and Al-Kilani, Mohammad H. 2010. Human Resource Management and Turnover Intentions in the Jordanian Hotel Sector. Research and Practice in Human Resource Management, vol. 18, 46-73.

Andrews. 2004. Sales & Marketing: A Textbook for Hospitality Industry. India: Tata McGraw-Hill Education.

Furunes, Trude. 2005. Training Paradox in the Hotel Industry. Scandinavian Journal of Hospitality and Tourism, vol. 5, 231-248.

Harris, Peter. 1998. Accounting and Finance for the International Hospitality Industry. Maryland Heights, MO: Butterworth -- Heinemann.
View Full Essay

Posted Perform a Literature Search a Human

Words: 1433 Length: 5 Pages Document Type: Essay Paper #: 49755401

posted: Perform a literature search a human resource law policy. Some topics absenteeism, work place injury, Americans Disabilities Act 1990. Describe law policy a workplace choosing demonstrate compliance .

Human esource Law Policy -- Absenteeism

The role of the human resource has been gradually increasing throughout the past recent years and this is due to a wide array of changes which impact the business community. One of the most relevant examples in this sense is represented by the shift in global operations in that more and more companies and countries come to generate large GDP proportions from services, rather than industry or agriculture. In such a setting then, the employees represent the intellectual capital of the firm, the creators of value and as such the most important organizational asset (Beckford, 2007).

In order to best deal with the employees, business agents across the world develop and implement several policies aimed…… [Read More]

References:

Beckford, A., 2007, Tales of people who get it, Tales of People Who Get It (Editor), ISBN 1430315989

2012, Absenteeism and attendance of employees, HR Hero,    http://topics.hrhero.com/absenteeism-and-attendance/#last    accessed on April 24, 2012

Absenteeism law and legal definition, U.S. Legal, http://definitions.uslegal.com/a/absenteeism / last accessed on April 24, 2012
View Full Essay

Equal Employment Opportunity and Anti-Discrimination Laws

Words: 6496 Length: 25 Pages Document Type: Essay Paper #: 52089066

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]

Bibliography

U.S. EEOC: An Overview. Report from the Office of Communications and Legislative Affairs (1998). Retrieved July 18, 2003 at http://www.eeoc.gov/facts/overview.html

Title VII of the Civil Rights Act 1964 (1997). Retrieved July 18, 2003 at http://www.eeoc.gov/laws/vii.html

Facts about religious discrimination (2002). Retrieved July 18, 2003 at http://www.eeoc.gov/facts/fs-relig.html

Facts About Race/Color Discrimination (2002). Retrieved July 18, 2003 at  http://www.eeoc.gov/facts/fs-race.html
View Full Essay

Labor Discrimination - Equal Pay

Words: 6312 Length: 25 Pages Document Type: Essay Paper #: 68485530

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]

Bibliography

Abrams, Jim (2009) House Approves Bill to Fight Wage Discrimination. Yahoo News. 9 Jan 2009. Online available at http://news.yahoo.com/s/ap/20090109/ap_on_go_co/pay_equity

Barko, N. (2000. June 19). The Other Gender Gap. (Online) Available http://www.prospect.org/archives/V11-15/barko-n.html.

Bland, T.S. (1999, July). Equal Pay Enforcement Heats Up. HR Magazine, p. 138-145.

Bland, T.S., Nail, T.N., Knox, D.P. (2000, May). OFCCP, White House push comparable worth. HR News, p. 22-24.
View Full Essay

Chick Does Not Have a Legal Basis

Words: 3284 Length: 10 Pages Document Type: Essay Paper #: 48925593

Chick does not have a legal basis for a case, neither does the injured Per L. Eyzed. This is because Chick was on lunch when she hit someone. She was technically not on duty. She "stopped" for lunch and then hit Per with her bike. Also another thing to note is if the bike is owned by the company? Additionally, Chick was not paid under her internship with the security firm, proving anything owned and done by Chick was through her choice and money.

The bike is in fact owned by Chick. This also further helps prove that the case is unfounded. If per chance the bike was a company owned bike, perhaps the injured Per could sue, but because at the beginning, Chick stated she chose to bike to work with her bicycle, proving she is in direct possession of her bike. Since she does not have any money,…… [Read More]

View Full Essay

Workplace Sexual Harassment

Words: 1204 Length: 3 Pages Document Type: Essay Paper #: 161620

sexual harassment, and discuss aspects like defenses, judge ruling basis, cause of action, and employee's and employer's civil liability. Both discrimination and employee laws will be applied here.

Sexual Harassment Background Information

The issue of sexual harassment at workplaces poses an ethical problem, with around 50% of all women employees experiencing it during some point of time at their workplace; the effects of sexual harassment on people are always negative, and harmful (Bimrose, 2004). Thus, career guidance has a significant role to play in preparing and supporting working women, who may have already faced, or are currently, facing sexual harassment at work. ecent studies on workplace-related gender inequalities have recommended combating of stereotyping by urging women to take up non-traditional vocational training, education, and jobs.

Though the above solution is pertinent, the problem of workplace sexual harassment is not accorded due recognition. There are several reasons for this; the foremost…… [Read More]

References

Bimrose, J. (2004). Sexual Harassment in the Workplace: An Ethical Dilemma for Career Guidance Practice? British Journal of Guidance and Counselling, 23(1), 109-121. Retrieved, from http://eric.ed.gov/?id=EJ680404

Fetter-Harrott, A. (2007). How to avoid liability under federal civil rights laws for third-party harassment. Law Trends, 3(2).Retrieved, from http://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/howtoavoidliability.htm

ISACS (n.d.).Sexual Harassment Liability under Title VII .Retrieved August 30, 2015, from http://www.isacs.org/uploads/file/Monographs/Business%20Operations/Sexual%20Harassment%20Liability%20Under%20Title%20VII.p

Mallor, J., Barnes, Bowers, T., & Langvardt, A. (n.d.). Business Law: The Ethical, Global, and E-Commerce Environment. You Be the Judge. Retrieved August 30, 2015, from http://highered.mheducation.com/sites/0073524980/student_view0/you_be_the_judge.html
View Full Essay

International Union United Automobile Aerospace

Words: 1128 Length: 3 Pages Document Type: Essay Paper #: 51585911

The safety exception to the BFOQ is limited to instances in which sex or pregnancy actually interferes with the employee's ability to perform, and the employer must direct its concerns in this regard to those aspects of the woman's job-related activities that fall within the essence of the particular business. This was determined in the case of Western Air Lines, Inc. v. Criswell, 472 U.S. 400, 413 and Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 122-125 (1985).

The Court thought that a word about tort liability and the increased cost of fertile women in the workplace was perhaps necessary. One of the dissenting judges in this case had concern about an employer's tort liability and concluded that liability for a potential injury to a fetus is a social cost that Title VII does not require a company to ignore. The court felt that it correct to say that…… [Read More]

References

Case Law. (2009). Retrieved October 19, 2009, from V/lex Web site:

http://vlex.com/vid/aerospace-uaw-intervening-controls-37279868

International Union, United Automobile, Aerospace & Agriculture Implement Workers of America, UAW, et al., Petitioners v. Johnson Controls, Inc. 499 U.S. 187 (1991).

Supreme Court Collection. (n.d.). Retrieved October 19, 2009, from Cornell University Law
View Full Essay

Disparate Impact Disparate Treatment Case Study

Words: 1297 Length: 3 Pages Document Type: Essay Paper #: 33818820

The policy required women to wear foundation, concealer, or powder, blush, mascara, and to make sure that they have lip color on at all times. Not only did women have to wear makeup, they were required to have a makeover by an image consultant. Once the employee and the image consultant had devised the employee's "personal best" look, then the employee's picture would be taken, and their appearance would be expected to conform to the picture each day he or she came to work. Jespersen refused to comply with the makeup requirements. She was given 30 days to apply for a new position that did not have a makeup requirement, but she refused to apply for a new position and was subsequently terminated. Jespersen filed suit against Harrah's alleging that the policy of requiring female beverage servers to wear makeup constituted disparate sex discrimination in violation of Title VII of…… [Read More]

Bibliography

Azel P. Smith; Jacqueline Butler; Ruthie Porter; Gloria Burns; Willie Allen; Et Al Plaintiffs - Appellants V. City of Jackson, Mississippi; Police Department of the City of Jackson, Mississippi Defendants - Appellees. United States Court of Appeals for the Fifth Circuit. No. 02-60850. November 13, 2003.

Darlene Jespersen, Plaintiff-Appellant, V. Harrah's Operating Company, Inc., Defendant-Appellee. United States Court of Appeals for the Ninth Circuit. No. 03-15045. December 28, 2004.

Smith, Azel, et al. v. City of Jackson, Miss., et al. United States Supreme Court. No. 03-1160. March 30, 2005.

Azel P. Smith; Jacqueline Butler; Ruthie Porter; Gloria Burns; Willie Allen; Et Al Plaintiffs - Appellants V. City of Jackson, Mississippi; Police Department of the City of Jackson, Mississippi Defendants - Appellees. United States Court of Appeals for the Fifth Circuit. No. 02-60850. November 13, 2003, p. 14.
View Full Essay

Women's Rights Cases for Gender

Words: 4162 Length: 15 Pages Document Type: Essay Paper #: 90558822

The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.

The following depicts Justice Bradley's concurring opinion regarding Bradwell's

Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law…… [Read More]

REFERENCES

Babcock, Barbara Allen. (1975). Sex Discrimination and the Law: Causes. Retrieved April 3,

2009, from http://books.google.com/books?id=pi5AAAAAIAAJ&q=Liberti+v.+York&dq=Li

erti+v.+York&lr=&ei=ub3YScLeEIqKNKT3vIAD&pgis=1

The Columbia World of Quotations. (1996). Columbia University Press. New York.
View Full Essay

Laws That Cover Employment Discrimination

Words: 736 Length: 2 Pages Document Type: Essay Paper #: 75056220

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]

References

1964 Civil Rights Act. Pub.L. No. 88-352 (1964).

Civil Rights Act of 1886. U.S. Statutes at Large, Vol. 14:27 (1866).

Friedman, J. (2010). Employment Discrimination: Examples & Explanations. Frederick, MD: Aspen Publishers.

U.S. Const. amend. V.
View Full Essay

Alberty the First Circuit Court of Appeals

Words: 1474 Length: 3 Pages Document Type: Essay Paper #: 33696664

Alberty, the First Circuit Court of Appeals affirmed the district court's grant of summary judgment in Defendant's favor, holding that under 42 U.S.C. § 2000e (Title VII of the Civil Rights Act) and P.R. Laws Ann. Tit. 29, 146 et seq. And 467 et seq., there was no genuine issue of material fact that Plaintiff was an "independent contractor," not an "employee." The issue on appeal was whether there were any genuine issues of material fact evidencing Defendant's unlawful discrimination against Plaintiff in violation of Title VII and Puerto Rico's anti-discrimination laws. The Court, however, used a de novo standard of review to side-step the issue of discrimination and focus instead on the parties' legal relationship. Using First Circuit Court precedent, the Court reasoned that since it could affirm a summary judgment ruling "on any basis apparent from the record," it would focus its analysis on the parties' legal relationship.…… [Read More]

View Full Essay

Diversity Management With Respect to

Words: 8378 Length: 30 Pages Document Type: Essay Paper #: 96424615

Today, it is not uncommon for managerial leadership to be drawn from one pool and placed in the other in order to facilitate greater intimacy between operational aspects separated by geography and culture. Though this strategy brings with it a number of notable benefits with regard to the coordination of global operations, it does also bear with it a number of challenges which fall upon the Human Resources department to address.

Employing an expatriate as a leader in an otherwise nationally homogenous organization, for one example, will tend to require a conscientious acknowledgement of cultural differences which are likely to enter into engagements -- both in terms of the awareness of personnel and the individual in question. This will be intended to invoke dual sensitivities to inherent differences that might impact interpersonal relations, communication and managerial philosophy. Therefore, the HR Department must be prepared to bridge any gaps which might…… [Read More]

Works Cited:

Aguilera, R.V. & Yip, G.S. (2004). Corporate Governance and Globalization: Toward

an Actor Centred Institutional Analysis. Un iversity of Illinois: College of Business. Online at .

Barna, Laray M. (1994). Stumbling Blocks in Intercultural Communication.

Intercultural Communication: A Readers (7th Edition): Wadsworth Publishing.
View Full Essay

Faragher v Boca Raton 524 US 775 Sexual Harassment

Words: 1377 Length: 5 Pages Document Type: Essay Paper #: 7141856

aragher v. City of Boca Raton

Argued March 25, 1998

Decided June 26, 1998

PARTIES:

Beth Ann aragher: petitioner; City of Boca Raton:

respondent

ACTS:

Beth Ann aragher worked part-time and during summers between 1990 and 1995 as a life-guard for the Parks and Recreation Department of the City of Boca Raton, lorida. Her immediate superiors during this period were Bill Terry, David Silverman and Robert Gordon.

After resigning as a lifeguard, aragher brought an action against Terry, Silverman and the City under Title VII of the Civil Rights Act of 1964 for nominal damages and other relief, alleging, among other things, that the supervisors had created a "sexually hostile atmosphere" at work by repeatedly subjecting aragher and other female lifeguards to uninvited and offensive touching, by making lewd remarks, and by speaking of women in offensive terms. Asserting that Terry and Silverman were agents of the City, and that…… [Read More]

Faragher v. The City of Boca Raton (1998) is considered to be landmark decision of the U.S. Supreme Court in the area of sexual harassment in the workplace. This is mainly because until Faragher, the Appeal Courts in the U.S. had typically considered sexual harassment by employees in the workplace as "frolics or detours from the course of employment" which was "acting beyond the scope of their employment." As such, sexual harassment by employees (including supervisors) was deemed to fall beyond the scope of Restatement 219 (1) and absolved the employer of any vicarious liability.

Faragher constitutes an important departure from such a benign interpretation of sexual harassment by the courts and set more strict standards of judgment in future cases. It also forced the employers and supervisors to view sexual harassment more seriously and to implement policies of prevention in the workplace.

The Case, in fact, reflects the changing social attitudes towards sexual harassment in the American society. There was a time, when crass behavior by male employees in the workplace could go unchallenged or was ignored by women. Following the success of the Civil Rights movement in the 1960s, movements for the rights of other minorities had gained ground. By the 1990s, previous Court rulings in sexual harassment cases had become out of tune with the changed social standards. Faragher defined the parameters of sexual harassment more clearly and also broadened the scope of vicarious liability in general.
View Full Essay

Brief for Smith V U S P S And Bonilla

Words: 4841 Length: 15 Pages Document Type: Essay Paper #: 44623214

Appellate Brief

Question Presented / Issue Statement

Appellant Mary Smith seeks review of the decision of the United States District Court for the District of Anytown, which granted judgment in favor of appellees, the United States Postal Service (U.S.P.S.) and Jim Bonilla, egional Supervisor of the U.S.P.S., on their motion to dismiss appellant's complaint for failure to exhaust administrative remedies in appellant's lawsuit for gender discrimination, hostile work environment, and constructive discharge in violation of Title VII of the Civil ights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII). The questions presented in that case was whether appellant provided sufficient facts to warrant tolling her claim under a theory of equitable estoppel or whether the Court should refuse to hear her claims because they were filed after the applicable tolling period. Specifically, these questions are:

Does the time limitation outlined in 29 C.F.. § 1614.105(a)(1) prevent Ms.…… [Read More]

Resources professional, Lehr, was very negative about the possibility of a favorable outcome for appellant. She repeatedly informed appellant that appellee Bonilla was well-liked by the people at the company and actively encouraged appellant to drop her complaint against appellee Bonilla. Moreover, Lehr was involved in a romantic relationship with appellee Bonilla, which was known to the appellant during the time of the investigation.

While it may seem egregious that appellee U.S.P.S. would allow a human resources professional who was engaged in a romantic relationship with an employee to conduct an investigation into that employee's behavior, the egregious nature of those allegations actually works against appellant's claim of equitable estoppel. If appellee Bonilla had engaged in a secret affair with Lehr, which appellant only uncovered after the limitations period had expired, then estoppel might apply to him. If appellee U.S.P.S. had been aware of the affair, but hidden it from appellant, then estoppel might apply to it. On the contrary, appellant's own allegations suggest that the romantic relationship between Lehr and appellee Bonilla was known during the course of the investigation. Therefore, the Court has to look at whether a reasonable person, under those same circumstances, would have believed that an investigation into appellee Bonilla would have resulted in a favorable outcome for appellant. Clearly, a reasonable person would have had, at the very least, grave misgivings about the outcome of such an investigation and would not have relied upon the fact that an investigation was occurring to prevent her from filing a discrimination claim.

The only other possible source of an estoppel claim is the fact that appellant met with a counselor who failed to file her employment discrimination claim against appellees. Perhaps the facts support a filing of a discrimination claim and the counselor's behavior was inappropriate. Moreover, it is possible that appellant believed that her discussion with the counselor would lead to a claim being filed within the statutory period, although her decision to delay speaking with a counselor until the statutory period had almost expired seems as if she was not protecting her rights. However, the question is whether the appellees engaged in behavior that would have prevented her from filing her claim. Even if the counselor's behavior kept appellant from filing a private lawsuit, there is no reason to believe that appellees were, in any way responsible for the counselor's behavior. They cannot be equitably estopped from bringing a statute of limitations defense by the behavior of a third party who was not under their control.

When examining equitable estoppel, it is also appropriate to look at laches. Laches is the "negligent and unintentional failure to protect one's rights." Elvis Presley Enter., v. Elvisly Yours, Inc., 936 F.2d 889, 894 (6th Cir. 1991). Laches has two elements. First, there must be an unreasonable delay in asserting one's rights and second, there must be prejudice to the defending parties. EEOC v. Watkins Motor Lines, Inc., 463 F.3d 436, 437 (6th Cir. 2006). The Court has specifically held that employers can use a laches defense when faced with discrimination claims; "in addition to other equitable defenses, therefore, an employer may raise a laches defense, which bars a plaintiff from maintaining a suit if he unreasonably delays in filing a suit and as a result harms the defendant." National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 121-122.

Appellant would like to characterize her request for equitable estoppel in such a way that it appears that she is barred by just a few days from bringing her discrimination claim. In some ways this is true, but she also wants to allege a systemic pattern of discriminatory behavior by appellee Bonilla that goes back for years of employment. She failed to file her claim, either as a lawsuit or with the EEOC during that extended period of harassment. Moreover, she acknowledges that she was only transferred to appellee Bonilla's supervision after an unfavorable review when she was in another position. It certainly appears that her employment behavior for several years would be at issue in the lawsuit and that appellees would need to be able to provide substantiation of their claims about her behavior, particularly claims made in her employment evaluations, as part of their defense. The time delay in bringing suit would make this much more difficult for appellees.
View Full Essay

Women's Movement

Words: 612 Length: 2 Pages Document Type: Essay Paper #: 93274418

WOMEN'S MODEN HISTOY

Women's Issues

Critical Moments in Women's Modern History

Critical Moments in Women's Modern History

In the United States of America, for the first time in its short history, there is a convention held in Seneca Falls, NY for women's rights.

In Brooklyn, NY, Margaret Sanger opens the first clinic to offer birth control in the United States. The clinic was shut down and she was arrested ten days later.

Title VII of the Civil ights Act formally makes illegal discrimination with respect to employment on the basis of race and sex. Title VII simultaneously establishes the Equal Employment Opportunity Commission.

Women have held the position of Secretary of State to the President of the United States.

The convention for women's rights is included on the timeline because this is the first time in the prominent country of the U.S.A. that women have formally gathered under the transparent…… [Read More]

References:

Information Please Database. (2007). Women's Rights Movement in the U.S. Pearson Education, Web, Available from:  http://www.infoplease.com/spot/womenstimeline3.html . 2013 January 19.

Wolf, N. (1999). Timeline Special: Women in the United States. The New York Times, Web, Available from:  http://www.nytimes.com/library/magazine/millennium/m2/wolf-timeline.html . 2013 January 19.