A) According to U.S. EEOC (para 2-5), hostile work environment is a situation in the workplace where an employee finds it hard to work due to harassment from other workers in the workplace. This is usually severe and pervasive. Harassment can be in the form of bullying, fondling, and the use of offensive language and remarks. Sexual harassment refers to bullying in the workplace in relation to an individual’s sex. It mostly affects female employees whereby they are coerced to have sexual relations with their colleagues in the work place. Sexual harassment takes the form of physical or ...
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Workplace discrimination has been around for decades in most parts of the world. Discrimination refers to the disparate treatment of workers based on social and physiological indicators such as age, gender, race/ethnicity, religion, and sexual orientation. The pervasiveness of discrimination manifests in the adverse psychological, social, occupational, and sometimes physical effects that the vice has on the victims. Over the last four decades, several countries have enacted antidiscrimination laws due to the mounting awareness and public outcry regarding workplace discrimination. These laws, coupled with avenues for redress in the courts, have been effective in significantly reducing cases of overt ...
Introduction
Employment laws are set to protect human rights and ensure fair treatment of employees by their employers. Companies are required to adhere to federal and state employment laws (Guerin & DelPo, 2013). To improve working conditions and morale of the employees, organizations are encouraged to follow employment laws, governing codes, and set expectations of conduct within the workplace (Twomey, 2010). Since DPG is a manufacturing organization, it is required to adhere to all provisions of the constitutions (federal and state) Source: (Goldman, Corrada & Goldman 2011). Critical laws to be followed are detailed below. Overall, it is in DPG interest to ...
Per our last conversation, you requested for the formulation of an employment law compliance that will be used for your start-up limousine service business located in Austin, Texas. You also indicated that you will have an initial 25 employees for the first of the year of business. This memo shall explain the various employment laws that have to be implemented by your company. There will be a discussion on the possible penalties that you will have to deal with for noncompliance of these employment laws. It is imperative for the company to abide by these laws to remain in compliance. ...
1.1.) If George accepts the severance package before his pension vests he will have a viable claim against the company based on the ADEA if his employer ABC Company did not comply with the requirements under ADEA before his release as stated in the Older Workers Benefit Protection Act (OWBPA). However, if the employer has complied with the requirements set forth by law, George can no longer file a claim with ABC. This was the ruling decided in the case of Oubre v. Entergy Operations, Inc. An employee cannot waive an ADEA claim unless such waiver has satisfied with the requirements ...
Abstract
This paper explored age discrimination especially for persons above 40 years of age. The reasons why people are discriminated with respect to their age, where such discrimination is experienced, and who the victim and the perpetrator of age discrimination are were examined. Emphasis was put on the historical background of age discrimination in the United States of America and the progress being made in the protection of citizens against age discrimination. Age discrimination is discouraged in all fields and all places of work both nationally and globally. Keywords: Age discrimination, employer, worker, employment, ADEA, America.
Introduction
Discrimination against older ...
Many scholars and jurists believe that judges and scholars differ in statute interpretations. Most of the debate focuses on when judges should differ and operationalize the regime of doctrines as a matter of stare decisis. According to CRJU, the justices in the Supreme Court in U.S.A do not always agree on a single approach or philosophy; in their approach in construing the constitutional interpretation of statutes. When they are faced with cases, they always apply values and policies they believe accomplish the purpose of the American society and the constitution. Evidently, this statement is true because, in America, difference in ...
Introduction
Age discrimination is away in which an employee or worker is less favorably treated in relation to age. In a work situation, an employee can be subjected to discrimination during promotions, compensation, hiring, firing, layoff, pay, job assignments, training, and fringe benefits. Moreover, harassment can be executed when offensive remarks and hostility are subjected to workers on the basis of age (Covington & Burling, 1967). When the right of an employee is breached in line with age, the worker is entitled to bring a legal lawsuit against the employer according to the civil rights enshrined in the age discrimination laws. Equal Employment ...
Collective Bargaining Rights and how they Impact Employment Law in the U.S. (Name of your Course) (Name of your Tutor) (Date of Submission
Abstract
In the United States, collective bargaining rights have provided a stable voice to the millions of employees against their employers who represent the industrial organizations and companies. Collective bargaining plays a strong role in defining the terms of employment in the U.S. and thus, it has had significant impact on the various employment laws that have emerged in the nation. They dictate the overall cost of employing and firing new members of staff in the company ...
The regularly mandated practices and programs under No Child Left Behind Act (NCLB) and the individualization required by Individuals with Disabilities Education Act (ADEA) are both clear in terms of policies and regulations implementations. Practices and programs of NCLB and IDEA have undergone critical perspectives on the issue regarding students with disabilities, and the use of evidence-based research. There are great changes in the educational landscape for students with disabilities. The No Child Left Behind Act (NCLB) is actively supporting for improved student outcomes and educators across the United States of America examine their practices to gather special ...
Response
Response The paper discusses the Age Discrimination in Employment Act (ADEA). It sets out the framework for the implementation and actualization of the act specifying among other things the protected classes, the covered entities, the remedies and some of the landmark cases. The paper discusses the law in a manner that intertwines and connects with other Equal Employment Opportunities laws. For instance, at some point the paper gives the interconnection between ADEA and Fair Labor Standards Act. The paper equally discusses the essence of knowledge of these laws to the consulting psychologists. Some of the reasons adduced include need ...
I would like to begin by agreeing with the assertion that the Indiana’s policy of not rehiring officers over the age of forty in violation of Age Discrimination of Employment Act (ADEA). In this regard, Davis is justified to take a legal action against the alleged treatment from Indian State Police. As an officer, his fate should not have been pegged on his age. It is true that the policy of limiting the preference age for rehiring to the police force is discriminatory. It is a direct violation of ADEA which advocates for the rights of the ageing American population ( ...
Discrimination on the basis of age is termed as ageism. Ageism has been prevalent for a long time in the western society as well as other societies; elderly are commonly being perceived as people of low value (Bowling, 2007). They are also considered to be a significant economic burden to the society; and is often perceived that any medical treatment would not bring much benefits to the elderly individual; and will be of a shorter duration; and that they have already had a ‘fair innings’ in life (Bowling, 2007). The family, friends, care givers, society, and the policy makers need to become ...
Abstract
The United States also has its fair share of employment conflicts and issues that have shook its sheer foundation throughout the years. Some Americans and overseas employees found themselves discriminated for various reasons: from their race up to their health; others would be paid in extremely meager wages despite their overtime work or their capacity to work despite their disabilities. With these issues and complications in mind, the US federal government and the US legislative assemblies had created several laws, which not only gives power to the employment sector, but also outlines the rights, benefits and services that should ...
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 ...
1. Wise v. Mead 614 F. Supp.1131 (1985) Question: Was this sex discrimination and if so why?
The termination of Velva Wise was a form of sex discrimination. There is a horde of evidence to this assertion. Wise’s conduct and that of male employees Thomas, Butts and Boyd who had been previously involved in fights, were of equal seriousness, but the company (Mead) treated her differently from her male colleagues (leagle.com). Of all the fighting incidences, Mead fired only Ms. Wise for a first time involvement in a fight. Unlike Singleton who was terminated after being put on probation due to involvement ...
Introduction
Over the past few decades, those who are supposed to use their power to remold the society and facilitate in wealth distribution have gone against their expectations to fulfill personal needs. By distorting the provision of equal opportunity, these people and organizations have managed to relocate these benefits and opportunities on the basis of age, gender, race, and even medical heath, thus inhibiting the same development they are supposed to be promoting. It is with these shortcomings that the Government came up with the Medicare Social Security Act and Ade Discrimination in Employment Acts so as to safeguard employees ...
Abstract
The concept of Ageism began in 1866 and is currently seen today as a prejudice and stereotyping of adults towards young teens and adults. Most of this somewhat antagonistic behavior of adults can mostly be seen by young teens and adults when inside the workplace. With the rapid decline of companies accepting aged adults and elderly in the work force, they are forced to have limited income, a huge number of bills and expenses and a strained problem of age discrimination especially if they are in the workforce. This paper will discuss a little background of age discrimination and the reasons why there ...
Abstract
Ageism was spotted in 1866 and it is seen today with multiple stereotypes and prejudice of the elderly and it is especially observed in the workplace. Our aged population with limited income, yet bearers of a number of bills, including rising cost in utilities, medical care, and medications are faced with the stress and suffering of age discrimination in the workforce. This paper will review the history of age discrimination and discuss cases in which employees favor the young and terminate the old.
Ageism is a growing problem and concern and has become a negative societal workplace trend for older adults. Although ...