The case Thompson v. North American Stainless, LP addresses the scope of the retaliation provision under Title VII that enables protection for the employees against the illegal actions of the employers. Title VII of the Civil Rights Act of 1964 permits retaliation cases in order to decrease the exposure to the discriminatory activity in actions of the employees. Meanwhile, this article states that the retaliation should be understood as the situation when the employee of the firm was fired or reassigned as well as he was deprived of the certain range of the benefits if the employer considered them ...
Title VII College Essays Samples For Students
30 samples of this type
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Summary of the decision
The case relates to the issue of racial discrimination in employment. The key question that arose was what measures employers would take where in an attempt to forestall discrimination such measures resulted to discrimination. The plaintiffs, twenty fire fighters, sued the city of New Haven, Connecticut claiming that they had been discriminated in relation to job promotions. The tests for promotions resulted to white candidates outperforming the minority candidates. These results led to various acrimonious debates.
In order to avoid lawsuits, the officials of City of New Haven annulled the results. The plaintiffs, nineteen white candidates and one ...
1. Describe the pros and cons of government legislation on issues of employment and give some specific examples of employment law.
There are various employment laws in place in USA such as at-will employment, minimum wage for employees and title VII. At-will employment policy gives the employer the right to hire and fire employees at will without any legal liability at any time without any reason or for a petty reason, excluding an illegal one (NSCL). This policy also gives employees the privilege to quit the job at any time without notice or within a short notice of 7-15 days depending on the agreement between employers and employees. Employees can also bargain for a raise if they get a better offer. This policy allows ...
Personal and Organizational Policy
PERSONAL AND ORGANIZATIONAL POLICY
Part 1
Any organization; big, medium or small, has its sets of rules and regulations, which the management expects it employees to adhere to. The management expects their employees to follow these rules and regulations most diligently so that no untoward incident takes place at the workplace. Employers find managing their workforce as among the most difficult aspects of a business and invariably, there is always an issue that challenges their managerial skills. Perhaps the most common problem faced by an organization is when an employee or employees choose to disrupt work under some ...
The Supreme Court of the United States
Joseph Oncale, Petitioner v. Sundowner Offshore Services,
Incorporated, et al No. 96-568
December, 3 1997, Argued
Type of Action
It was a civil suit on employment law involving case of discrimination.
Facts of the Case
In October 1991, Joseph Oncale (the Petitioner) was working on a Chevron USA Incorporated oil rig in the Gulf of Mexico, for a company called Sundowner Offshore Service. He is one of the roustabouts in a crew of eight. While in employment, he alleged that on several occasions he was subjected to humiliating actions that were sex-related by his colleagues and in ...
-3: Title VII Violations. Discuss fully whether either of the following actions would constitute a violation of Title VII of the 1964 Civil Rights Act, as amended.
1. Tennington, Inc., is a consulting firm and has ten employees. These employees travel on consulting jobs in seven states. Tennington has an employment record of hiring only white males.
2. Novo Films, Inc., is making a film about Africa and needs to employ approximately one hundred extras for this picture. To hire these extras, Novo advertises in all major newspapers in
Southern California. The ad states that only African Americans need apply.
In this case, since Novo Films, Inc. is intending to make a film ...
One of the purposes of Title VII of the Civil Rights Act is to enable individuals with discrimination claims based on religious beliefs or practices to get relief from courts against their employers. One of the groups protected under the Act are religious groups. Section 2000e (s. 701) of the Act defines “religion” to mean an employee’s religious practices or observances or beliefs. Title VII of the Civil Rights Act also aims to ensure equal employment opportunities in the US and hence prohibits any discrimination based on any ground including religious beliefs and practices. Title VII, as amended ...
In the US, an employer is required to conform to the employment laws, as specified by the congress from time to time. These employment laws are based on the country’s unique multicultural population.
Discrimination by Type
US Federal Laws prohibit employers (employees should be more than fifteen numbers in the subject firm) from indulging in discrimination towards their employees in any matter concerning employment ( e.g. Hiring, Firing, Incentive, Promotion, etc.) due to their (a)country of origin, (b) Age (c) Religious beliefs (d) Gender (e) Color (f) Pregnant Women and (f) disability as per Title VII of the Civil Rights Act of 1962. ...
Human Resources Task 1
After detailed research, it has become clear that there was a positive release of the employee in question. Baxter and Farrell (1981) clarified that while no release actually takes place, the situation encircling an employee’s choice to leave is inspected by the courts. They point out: “If the decision to quit is forced on the employee, the courts will deem it a constructive discharge and will treat the employee as if he or she had been explicitly and directly discharged.”
Although the business did not deliver a close of employment letter to the employee, the situation that resulted in the ...
Introduction
Employment discrimination refers to preventing discrimination at the workplace on the basis of age, sex, nationality, religion, ethnicity, physical disabilities and various other parameters (Player 4). Employment discrimination extends to prejudice in terms of hiring and recruitment, promotions, compensation, job roles, termination, harassment and retaliation. The Constitution of the United States has formulated protective measures to ensure no employer practices any kind of employment discrimination. As such, the federal government has devised a multitude of legislature and acts, which prevent different sorts of employment discrimination. Some of these acts include employment at will, Civil Rights act, sexual harassment, pregnancy ...
As an Employer, What are Your Legal Obligations Concerning Religion in the Workplace What Policies You Put in Your Employees Handbook?
Religious in the American work environment is among the most antagonistic and troublesome territories for representatives and managers to explore. In our inexorably differing and religiously pluralistic culture, the attempt will undoubtedly happen, and if The Equal Employment Opportunity Commission (EEOC) measurements are correct, it is occurring at a regular enlivening pace. EEOC religion-based charges of separation have expanded about 41% since 1997, and payouts have expanded around 174% (Religion-Based Charges FY 1997 - FY 2015). The risk ...
After a read of Margaretta Midura’s 2013 article dubbed John v. Jennifer, A Battle of the Sexes, it is impossible to remain disinterested in the impact of gender on one’s employment opportunities. Perhaps one’s academic prowess does not necessarily give him or her automatic ticket to success. On the contrary, the employers that one seeks to impress with good grades and a university degree might harbor prejudices that will create another hurdle based on the sexes. That is what Midura implies in John v. Jennifer. According to the author, in the fields of science, technology, engineering, ...
Human Resource Dilemmas
It is evident from Timothy’s Reverson’s case that the employment practices of Cameron Lake boat Rentals are authoritative. The company has imposed an authoritative control over the working conditions of the workers as evidenced by it compelling its workers to sign the employment arbitration agreement. As it can be seen, Timothy Reverson was dismissed for the fact that he claimed a pay rise. Workers in the company can do very little to fight for their rights as they are bound by the resolution by arbitration. It was illegal and unethical for the company to terminate his employment ...
American federal law bans all workers from all forms of discrimination at the place of work. This discrimination can get based on religion, race, gender or even nationality. It can also take many forms and shapes. People can make lewd comments on race or religion. They can also negatively comment about an individual trait of a co-worker in a manner that hurts his or her feelings. In the modern workplace, discrimination is still a significant issue of concern that employers have to deal with.
An unfriendly work environment mainly encompasses primarily sexual harassment. People might have discussions that contain ...
WalMart Stores Inc. is the largest private employer in the United States of America. Over the years, WalMart Stores Inc. has expanded across the globe acquiring a multinational status. Indeed, WalMart plays a significant economic role both within and outside the United States of America. As such, naturally a lot of focus is placed on the corporation. Business and legal pundits have analyzed the conduct, performance and structure of WalMart with a keen interest to observe its ethical practices. From the outset it is imperative to note that the multinational has not had a clean bill of health. It has suffered a number of legal ...
Question One
In this case Dr. Drew is under obligation to study the ADA to understand why and when a leave of absence should be considered appropriate in workplace accommodation. He should do a research to know exactly how long such a leave should last and the implications of denying Charlie the leave. Dr. Drew ought to know if the request for a leave of absence is reasonable or effective before he decides to terminate Charlie from the employment contract. Employers are facing challenges tying to comply with the complex ADA and at times they are not sure about their obligations (Walsh)
If Dr. ...
Question one: Miles
The Miles case is fairly straight forward. The issues put forth for determination by the court can be summed up in the following questions. One, what rights Miles has against his parents? Two, what rights the parents have? Three whether on the request by the parents, Miles can be removed from the team without his consent? And lastly, whether his parents can take part or all of his income? In the ensuing discussion, the paper shall answer all the questions. From the onset, it is imperative to note that the Court should be guided by the holdings in Tye ...
In the ruling delivered by Judge Carol Los Mansmann in Schurr v. Resorts International Hotel Inc, the judge states that affirmative action cannot mirror Title VII’s purpose unless it is meant to remedy a discriminatory history against protected groups. The case was a pure legal question of narrow depth and quite focused in nature as its facts are quite simple. In the case, Schurr states that the Casino infringed on his employment rights and discriminated against him on the basis of race. He argues that the act by the casino infringes on his rights under Title VII provisions. He further ...
- Reasons for and against parole and probation officers having arrest powers and the right to carry firearms.
Parole and probation officers engage with aggressive offenders and work in high risk and hazardous areas. They usually experience violent incidents including threats, attacks by the offender’s dogs, physical violence and resistance from arrest, so they need to carry firearms for personal defense and have arresting authority. According to the National Center for Policy Analysis, criminals under community release commit approximately 15 murders per day hence proper arming and arrest powers is necessary in defensive situations. Arming probation and ...
Discrimination legislation
Even in modern day society, issues of religious discriminations still mar working environments and that should be an issue of concern. Different adherents are affected by what managers in different communities decide to be the basis of their employment terms and conditions. Rather than have a singular platform that allows more people to appreciate the changing strategies as part of addressing their religious discriminations that appear as part of addressing legal policies as defined by the constitution. Based on Title VII of the Civil Rights Act of 1964, religious conditions should not be included if the applicant’s religion ...
Vulgar language even when it is not directed an individual as sexual harassment can be actionable as sexual harassment under Title VII. The following are sexual harassment issues on a woman named Igrid Reeves at her workplace.
Firstly Reeves could hear her male co-workers use vulgar and sexual language to refer to women and although they did not direct it at her, the fact that they used such language on women is actionable. Secondly, the vulgar discussions about female body parts also account for actionable offence of sexual harassment. Thirdly, there was a pornographic image of a woman in ...
The issue before the court in this case was whether this standard of proof was the proper standard to be used in determining retaliation or was the appropriate standard the “motivating factor” standard. Or more specifically, whether a plaintiff claiming retaliation can win a claim based on discrimination being a “motivating factor” for retaliation or must the plaintiff show that the discrimination was the reason for the retaliation. In addressing this issue, the United States Supreme Court determined that the standard of proof used to allege a claim for retaliation under Title VII must be the but for test ...
Chapter VII Case Study
Introduction
Discrimination implies judging individuals by their ability/disability statuses, race, gender, sexuality, age, and religion as opposed to their competence levels. People may apply for jobs where they are the best-qualified candidates. However, they could fail to get these jobs because of the HR’s discriminative practices. Such form of practice is authentic discrimination. This case study describes one such instance as follows.
In July 2015, a large health care facility lost a case in the settlement of a disability discrimination suit filed by one of its employees (named Ms. X hereafter for confidentiality) through the U.S EEOC. The ...
Performance appraisal is a tool that the management uses to evaluate the performance of employees against the set performance standards such as output, competence, job initiative, and accomplishments (Bogaert, n.d.). Used effectively, performance appraisal can provide the management with important information to make decisions such as salary increment, promotions, or take disciplinary actions against an employee. Properly conducted performance appraisals also provide the organization with a legal defense in case an employee sues the organization over any grievance they may have against a negative performance appraisal.
An effective performance appraisal is one that is consistent, valid, factual, and job ...
Discuss the challenges of EMS systems.
EMS stands for Emergency Medical Services. It’s a medical services, which are provided for people, who needs help in emergency situation. Different methods, which are used prior giving medical services: Incident recognition, access 911, dispatch, first Responder, basic life support, advanced life support, transport ground/air, emergency department facilities, specialty care, patient rehabilitation, prevention awareness, public education. This methods run in cycle order, each method has its own goals and objectives.
Describe the challenges of providing EMS services in the rural setting.
The main challenge of providing EMS services in the rural setting is having a challenge reaching the patient, as it’s sometimes hard to reach the patient prior it’s ...
Question One
The labor laws outlaw employee discrimination of any nature. It is illegal to practice any form of workplace discrimination. The action by the employer would be deemed unlawful. It can be explained by the theory of affirmative action. The Act outlawed any form of discrimination against any employees and job applicants because of sex. The employers should therefore not make any employment decisions on stereotypical and assumptive attitude. Presuming the ability, personalities, or the productivity of potential employees, on account of their sex is illegal.
The employer can be sued for violating the law. The principle of equality ...
Sexual Harassment
Conflict Resolution Project Paper
Background2-4
Literature Review..5
Analysis.6-8
Conflict Resolution Recommendation..8-10
Reflection11
References..12
Background
The sexual harassment case concerning an employee of Kleiner Perkins Caufield & Byers, one of Silicon Valley's best-known venture capital firms, Kleiner Perkins Caufield & Byers, is the conflict situation that will be the emphasis of discussion. According to one allegation relating to this specific case, Ellen Pao claims that in 2006 an male employee at the firm "made inappropriate sexual advances" toward her that caused her to feel as though her job at the company mightcould be in jeopardy if she refused rejected those ...
Forensic psychology
Sexual harassment
Sexual harassment, in all its forms, is a serious crime punishable by law. These acts of harassment include unwelcome sexual advances, soliciting sexual favors to facilitate career advancement and any physical or verbal conduct that is of a sexual nature. The victims or the harassers can be either a man or a woman contrary to common belief that women are in most cases the victims. The victim may not necessarily be of the opposite sex as the harasser. Harassers are, usually, any one from a supervisor, a colleague in the office or an outsider and the victim of sexual harassment can be a ...
16 December 12
Paragraph 1 (Introduction)
Thesis: Inequality in pay and violation of human rights against women are among the most prevalent practices in employment.
Paragraph 2: unequal pay remain far too common
- The Women who are working part time at the present earn about 38.4% less than what men doing the same amount of work earn.
- For full-time workers, the gap is 17.2 per cent.
- Women working more than 60 hours per week earn only 78.3% of what men in the same time category earn.
Paragraph 3: Protection against the gender-based discrimination touches all employment aspects
- In practice, the scenario is quite the opposite ...
When talking about diversity, people always tend to define it in terms of difference in race, sex, socioeconomic status, religion, etc. and the treatment of other people in relation to these differences. When taken merely from the context of society, diversity would only be viewed as discrimination by prototypes. Prototypes refer to the standardized mindset of people from other culture, race, religion, etc. towards particular people. For instance, black people are viewed as slaves and as bad people, even if they are not at all or maybe not every black person is. Making prototypes is a social issue that leads ...