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Employment Law John Doe, a Senior Vice Term Paper

… Employment Law

John Doe, a Senior Vice President with ABC Science, was traveling in a cab in Washington, D.C. when the cab was involved in a major accident. Mr. Doe was severely injured in the accident and was paralyzed from the waist down. His injury makes him unable to work at his present job, but when he requested the company reassign him to his previous position of Software Engineer, which he could perform at home, ABC told Mr. Doe they were going to terminate his employment. Mr. Doe cannot afford to retire because he has five children, three of whom are teenagers.

John Doe has at least four causes of action resulting from this situation. The first cause of action would be a workman's compensation…. [read more]


Age Discrimination in Employment Act as it Applies to Law Enforcement Term Paper

… Law Enforcement and Age Discrimination

Ageism is a serious issue for much of the aging workforce here in the United States. As technology, sales, and a plethora of other industries expect more out of a vigorous young workforce, those who cannot produce may be factored out by age restrictions and biases. Even in law enforcement agencies, there are general exemptions to age discrimination laws as set out in the legislation; yet, this is assuming it is for the greater good of a community kept safer by a more capable workforce in some of the most important positions in society.

In the workplace, ageism has become an unfortunate disadvantage to an aging workforce. The research suggests that "in the face of rising productivity and affluence, older…. [read more]


Role of Law in Business Essay

… For example, before computers became part of people's lives, there was no computer fraud, there was no "file sharing" (of music and movies), and there was no cyber-stalking. Now that those crimes have emerged from the advent of these technologies, the role of law is to evolve with societal changes, Siegel explains (Siegel, 2011). Prior to the Supreme Court ruling on individual cases, the High Court often "…considers empirical research supplied by criminologists," which helps to shape how society responds to changes (Siegel, 6).

The Role of Law in My Industry -- Human Resource Specialist

In my position as an HR specialist, I must be very well aware of the role of law as it applies to my company and my job. In specifics, I…. [read more]


Transgender Employment Discrimination Research Paper

… Background and Significance

There are a number of laws, procedures, and constitutional amendments including the 14th Amendment that affect civil rights and employment practices in the American workplace today. Employment anti-discrimination laws began under Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race, color, sex, religion, or national origin. The Equal Pay Act of 1963 (EPA) protects men and women who perform equal work against sex-based wage discrimination. The Age Discrimination Employment Act of 1967 protects workers who are over the age of 40. The American with Disabilities Act of 1990 prohibits discrimination against qualified individuals with disabilities in the private sector. These laws prohibit the following:

hiring and firing; compensation, assignment, or classification of employees; transfer, promotion,…. [read more]


Employment Compliance Employment Law Essay

… Employees may apply as soon as they become unemployed. If qualified, employees must follow rules set by the state and pay taxes to IRS on unemployment income received. The Texas Workforce Commission can bring action against an employer for noncompliance and force payment of taxes and penalties for noncompliance.

The Occupational Safety and Health Administration (OSHA) sets workplace safety standards that require employers to maintain safety in the workplace (Safety and Health Standards: Occupational Safety and Health, 2009). Employers are required to be familiar with applicable standards and eliminate hazards, maintain access to medical and exposure records, personal protective equipment as necessary, hazard communications (material safety data sheets (MSDS) on all chemicals used), maintain injury and illness records on incidents, and record work-related injuries resulting…. [read more]


Employment Law Part a In Gilmer v Term Paper

… Employment Law

Part a in Gilmer v. Interstate/Johnson 500 U.S. 20 (1991), Petitioner Robert Gilmer, a securities representative with the New York Stock Exchange, was required to register as a securities representative by his employer. Mr. Gilmer's application contained a clause that stated his agreement to arbitrate any and all controversies "arising out of a registered representative's employment or termination of employment." At the age of sixty-two, Employer terminated Gilmer and Gilmer subsequently filed a charge with the Equal Employment Opportunity Commission alleging he was terminated in violation of the Age Discrimination in Employment Act. According to the registration agreement, Employer moved to have the court compel that the matter be heard in mandatory arbitration. The Supreme Court ultimately ruled that arbitration was mandatory.

In…. [read more]


American Employment Regulations White Paper

… Employers must provide a workplace environment that is free from hostility to employees based on national origin, religion or gender. Numerous court cases have defined and clarified what a hostile environment might be. Thompson has always had a no-tolerance policy with respect to harassment of any protected group under Title VII, but also some non-protected groups as well because of our philosophy that workplace harassment is counterproductive. While case law has provided some specificity to the concepts of "harassment" and "hostile environment," these are constantly being refined as new cases emerge (Lieberwitz, n.d.). Thus, we have system in place to police any potential instances of harassment and we tolerate no behavior that even looks like harassment.

The last category of laws governing employment are positive…. [read more]


Age Discrimination the Type Term Paper

… Age Discrimination

The type of discrimination is new. In fact age was regarded as a type of virtue because the aged employee often was the expert who could do things better than others. The global scenario, changes in production technology and the cost cutting needs of companies to manage keeping low costs to be competitive ushered in the discrimination against aged employees. Employees today are a heterogeneous group comprising of people from many age groups and ethnicities. There are different types of discrimination that is practiced at the workplace. Examining some of them and their causes will clarify the issues regarding age-based discrimination. There are many forms of discrimination that could be because of disability. The Americans with Disabilities Act of 1990 had to be…. [read more]


Criminal Justice Issues ADA Essay

… Criminal Justice Issues

ADA and Criminal Justice Agencies - in the United States, the 1990 American's with Disabilities Act (ADA) was a huge step forward in Civil and Individual Rights that protects against discrimination and requires access to all public organizations. To broaden this, the ADA Amendments Act of 2008 (ADAAA) includes a major list of life activities and enhances the requirements for accessibility. Political and social changes after the Americans With Disabilities and other political changes have allowed people with differences to be more apparent in society as well as taking a more interactive role in all phases of society. Individuals in wheelchairs or with prosthesis interact with sight or hearing impaired individuals, and integrate with people of all walks of life in public…. [read more]


Labor Discrimination Equal Pay Act Law and Reality Thesis

… Labor Discrimination - Equal Pay Act - Law and Reality

The objective of this work is to examine law and regulations relating to labor discrimination, the equal pay act and the reality of labor discrimination in today's workforce.

DEFINITION of LABOR MARKET DISCRIMINATION

The work of Becker (1957) defines 'Labor Market Discrimination' by stating that Labor Market Discrimination "...may be in the form of differences in wage rates for workers who are equally productive but who are different in terms of their personal characteristics including race, age, religion, nationality or education. Labor market discrimination also comes in the form of job exclusion upon the basis of social class, union membership or political beliefs. (Becker, 1957)

BACKGROUND to the STUDY

The Equal Pay Act (EPA) is…. [read more]


Equal Pay and Compensation Discrimination Term Paper

… Equal Pay and Compensation Discrimination

According to Gender

Equal Pay Act of 1963

Pregnancy Discrimination

According to Race

According to Social Networks

According to Age

According to Corporate Culture

According to Performance and Rewards

The 2001 State labor legislation included several significant developments in employment standards (Nelson 2002). These were an increase in the minimum wage rates, child labor measures, employment in the entertainment industry, limits to child labor and employment discrimination on the basis of genetic information or other reasons. Occupational safety and health, employment and training, labor relations, employee background clearance, economic development local living wage ordinances were not covered. A ban on female workers being paid less than male employees by the same employer for the same work was excluded. Instead, the…. [read more]


Racial Discrimination Research Paper

… In this respect, these aptitude tests resembled the 'literacy tests' used to prevent all blacks from voting in many Southern states before 1965 (Craig 43).

Since the purpose of the tests was obviously to prevent blacks from being hired, the Court found them illegal, even though the company denied any racist intent. It reaffirmed this in 1975 in Albermarle Paper Co. v. Moody, in which another company was using aptitude tests to screen out prospective black employees. I ruled that "once the complaintant made out a prima facie case of discrimination" using statistical evidence, the burden of proof then shifted to the employer to justify its policies. Statistical tests will demonstrate a discriminatory effect that is not a matter of random chance, even though the…. [read more]


American's With Disabilities Act Essay

… " The ADA is balanced in providing for the employer or business person as well. Employers do not have to provide accommodations if it would create undue hardship and businesses can limit their accessibility expenses by citing undue burden. A transition plan can be created for facilities to address accessibility issues in the future.

Additionally many students with disabilities have benefited from the ADA. Public schools must now make jobs and educational opportunities available to people with disabilities. Schools must make classes available and remove architectural barriers that would prevent access by both students and educators with a disability. The federal government ensures compliance by withholding funding from schools that do not provide both separate and combined educational opportunities for students with disabilities.

Finally the…. [read more]


Health Care Law Privacy and Confidentiality Research Paper

… Health Care Law, Privacy and Confidentiality

Imagine studying the Health Information Portability Accountability Act (HIPAA) from the perspective of a consumer. How are various agencies accountable to this law? What are the rights of the individual? Are businesses obligated to it? One will discuss the various avenues in which health care privacy needs addressed through the benefits and setbacks of it.

A variety of businesses are required to obey HIPAA. These include "health plans, most healthcare providers and healthcare clearinghouses" (U.S. Department of Health and Human Services, 2011). The insurance plans are those that are set forth by places, such as Coventry or Blue Cross and Blue Shield (U.S. Department of Health and Human Services, 2011). Some of them are covered by the government, which…. [read more]


International Law and Human Trafficking Thesis

… International Law and Human Trafficking

Human Trafficking in the World

Human trafficking is the forcible transport of persons to other countries to render sexual or other services (Herro 2006). About half of those abducted are girls of minor age. Despite the reluctance of many governments to admit involvement in human trafficking, the U.S. State Department said 600,000-800,000 men, women and children are trafficked worldwide. A 2006 United Nations report said that almost all countries in the world are affected or involved. Director Carol Yost of the Asia Foundation's Women's Empowerment Program described human trafficking as ultimately a human rights issue. She also said, however, that the campaign against this violation had achieved some gains in Asia, initially through raised awareness through the media. Laws in…. [read more]


Laws Dealing With Business Record Management Term Paper

… Information Technology - Legal Issues

INFORMATION TECHNOLOGY LAW

Age Discrimination and Employment Act:

Age discrimination legislation in the United States includes the Age Discrimination in Employment Act of 1967 (ADEA), the Age Discrimination Act of 1975, and Section 188 of the Workforce Investment Act of 1998 (Halbert & Ingulli p.41).

Collectively, they prohibit age-based employment discrimination in hiring, promotional eligibility, and other privileges of employment in industries and ventures funded by the federal government.

Specifically, age discrimination legislation protects individuals aged 40 and older from discrimination preventing them from equal opportunities to work and receive employment benefits based on their age (USDOL 2008).. In principle, age discrimination protections do not relate directly to record information management functions, except to the extent that ordinary business records…. [read more]


Gender Discrimination Term Paper

… Gender Discrimination

Despite the best efforts of courts and lawmakers, a tremendous amount of discrimination continues to exist in employment situations. Gender discrimination involves any type of sex-based discrimination and may be the area that has been most difficult to combat by legal measures. This difficulty has at least two roots. First, like in all areas of discrimination, people have had to learn that gender stereotypes are harmful. Second, people have had to learn that gender stereotypes are incorrect, which is more difficult, because much of society continues to be invested in the gender status-quo, in a way that differs from other types of oppression. The elevation of the traditionally feminine role plays a major part in gender discrimination, with prospective employers historically taking a…. [read more]


Judicial Review of Arbitral Awards on Public Policy Grounds Lessons From the Middle East Introduction

… Middle East Dispute Resolution

JUDICIAL REVIEW of ARBITRAL AWARDS on PUBLIC POLICY GROUNDS: LESSONS FROM the MIDDLE EAST

The objective of this work is to conduct a judicial review of arbitral awards on public policy grounds and specifically in terms of lessons from Middle East. This thesis is confined to public policy as an exception to the enforcement of arbitral awards, which is know as the public policy exception. The proposed research in this study will be of the nature that examines the theoretical underpinning and practical application of public policy within the context of international arbitration. This research will examine public policy in countries in the Middle East. Public policy is a concept that is vague and impossible to define and experiences variation from…. [read more]


Features of a Major Area Term Paper

… All About Religious Discrimination:

Thus from reviewing and studying in detail the clauses of Title VII of the civil Rights Act of 1964, it is evident that the American law with the aid of this anti-discriminatory law strictly prohibits religious discrimination at all levels of an organization. Hence, through the enforcement of this anti-discriminatory law, the American authorities demand better religious accommodation in the corporate world where every employee is well-aware of his or her right to equal employment opportunity despite the religious differences among the people constituting the workforce. "Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers are examples of accommodating an employee's religious beliefs" (Facts about religious discrimination, 2002). In addition to the above, "employers cannot schedule examinations or other…. [read more]


Workers Protection Against Discrimination Essay

… There may be confusion and conflict between employee and employer in any of these cases, but that is why a democratic system allows for litigation in order to arrive at a just decision.

Works Cited

AgeRights.com. (2000). Reeves v. Sanders Plumbing Products, Inc. Retrieved May 30, 2014,

from http://www.agerights.com.

Bouboushian, R. (2013). Pregnancy Bias May Have Led to Firing From Target. Courthouse News Service. Retrieved May 30, 2014, from http://www.courthousenews.com.

Iredale, E.G., and Yoo, J. (2012). M.G., F.M., L.A., J.M., L.G., F.B., M.N., R.G., L.S., and E.R., individuals, v. Metropolitan Interpreters and Translators, Inc. Retrieved May 30,

2014, from http://la600802.us.archive.org.

Society for Human Resource Management. (2001). Employee Polygraph Protection Act of

1988. Retrieved May 30, 2014, from http://www.shrm.org.

U.S. Equal Employment Opportunity Commission. (2008). Facts…. [read more]


Higher ED Law Thesis

… Education

Higher Education Law

Overall since the U.S. Supreme Court's rulings on affirmative action in 2003, colleges have had to reconsider how they give preference to students according to race, ethnicity, sex and age not only in admissions, but in financial aid, internships, along with various other programs. It is now felt that it is time for them to do the same thing for employment preferences. It is well-known that many colleges still weigh such factors in faculty hiring decisions. A practice that is completely at odds with Title VII of the 1964 Civil Rights Act, which bans employers from such discrimination (Clegg, 2006). Recent legislation has provided hope that these practices will soon change for the better.

The Age Discrimination in Employment Act of…. [read more]


Equal Pay Act (EPA) No Employer Thesis

… Equal Pay Act (EPA)

No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility..."

Equal Pay Act of 1963 (Pub. L. 88-38)

The right of employees to be free from discrimination in their compensation is protected under several federal laws, including the following enforced by the U.S. Equal Employment Opportunity Commission (EEOC): the Equal Pay Act of 1963,

Title VII of the…. [read more]


Racial Discrimination and the Death Term Paper

… 6% were white and roughly three percent were Hispanic (Coker pp). The fact that drug enforcement task force efforts were responsible for fifty-one percent of the cases was explained, "the defendants in these drug-related cases are not White because the members of the drug gangs that engage in large-scale trafficking in the district are not White" (Coker pp). In response to racial disparities in plea bargaining the survey's author suggested that African-Americans and Hispanics were more inclined to reject a plea offer than whites, yet offered no evidence, empirical or anecdotal, to support any of the claims (Coker pp).

Michael J. Klarman reports in the October 01, 2000 issue of the Michigan Law Review the constitutional law of state criminal procedure was born between World…. [read more]


New Convention on the Rights Term Paper

… The actual number of affected workers could easily be closer to 100 million. This uncertainty may be exacerbated by the fact that over 80 per cent of the workers affected consist of young girls and women without official status, providing an added barrier to their being fully represented in data and estimates currently available.

C189 is a historic 2011 accord. It was accepted through overwhelming acceptance by 475 delegates representing international governments, employers, and employees. The June 16, 2011 voting results included 396 in favor of the convention, 16 in opposition, and 63 abstentions (Kapatamoyo, 2011). In terms of the positions of nations worldwide, strong advocates for the convention included South Africa, Brazil, the United States and Australia. All opponents to acceptance of the convention…. [read more]


California Labor Laws the State Term Paper

… The wheels of justice are badly out of alignment when it comes to California employment law," said John H. Sullivan, president of the Civil Justice Association of California, which initiated the study (1996). "The outcome is that everyone is treated unfairly -- businesses go out of their way to avoid hiring people for good positions with benefits, and they turn to using temporary help. By rewarding frivolous job lawsuits, our civil justice system discourages employers from expanding their operations and creating more employment for everyone." study conducted by the California Employment Law Council revealed that California's strict labor laws have had a negative effect on the state's business climate. The study revealed that labor laws have resulted in the following (Sullivan, 1996):

53% of firms…. [read more]


Employee Privacy Torts History Research Paper

… While the constitutional right to employee privacy at the workplace has extended to cater a variety of circumstances, it at the same time has also far complicated the issue, as the advances of technology have far escalated the vulnerability to acquire more information of the employees. This has also augmented the challenge for employers as the demand for privacy has increased by the employees and court has extended its constitutional doctrine towards the issue.

Changing Trends of Employee Privacy

It is the twenty first century that has transformed the entire globe and its dilemmas and has brought various new issues to the forefront. Employee privacy rights are amongst the issues that has evolved and surfaced with the changing community, changing workplace dynamics and business environment.…. [read more]


Age Discrimination Using Social Breakdown Labeling Theory Research Proposal

… Elderly Care, Death and Dying Reflects Social and Cultural Breakdown and Age Discrimination

In America, especially early in the American history, it would not be unusual to walk into a family residence and find extended generations of family living under the same roof, in the same environment with their first generation immigrant parents. The parents might be well into their last years of life, but they were surrounded by family members who shared in the care of their years of dwindling light. Much of it probably had to do with the expansive country that was to be populated in the following decades, even centuries since the arrival of the early colonists.

In the beginning, however, parents arrived with their families to a wide space of…. [read more]


Affirmative Action: Elements, Features, and Controversies Essay

… All the same, states usually have rules governing these small organizations, and it is therefore favorable for one to simply avoid employment discrimination, or any perception of the same (Bennett-Alexander & Hartman, 2012).

The Elements of Affirmative Action

Affirmative action, whether voluntary or mandatory, comprises of four main elements; commitment, record-keeping, analysis, and outreach (Nebraska Advisory Committee, 1979). Any organization that meets the threshold for engaging in affirmative action, be it in the private or the public sector, has to develop a written affirmative action plan, also referred to as AAP, and present the same to the relevant enforcement agency (Nebraska Advisory Committee, 1979). Moreover, organizations should review their AAPs whenever questions or complaints arise regarding the same. This is referred to as mandatory affirmative…. [read more]


Women and Gender Bias Thesis

… Women and Gender Bias

The purpose of the present paper is to discuss the implications of gender bias and the consequences of Affirmative Action. To be more specific, we will describe the effects which Affirmative action has on women and the principles for moving towards the equality of men.

Right from the beginning we could ask ourselves, taking into consideration the implications of Affirmative Action, the main principle under analysis, whether there is a clear understanding of it, as far as the roles and goals of women are concerned. Trying to answer this question will represent an important part of the paper.

Next, the Affirmative Action programs will be taken into consideration- with both their strengths and weaknesses, pros and cons. The third part of…. [read more]


Retirement Portability Term Paper

… Retirement portability is a hot topic globally; as the economy forces job-hopping work life habits on more and more workers, it is necessary to be able to accrue funds for retirement; under traditional pension plans, retirement funding was lost when workers changed companies. The advent of the 402(k) changed that for companies that offered the plans; however, it also pushed more of the burden of retirement planning and preparation onto the wage earner. For low-wage earners, this was difficult because they often had nothing to put aside. The problem of portability is not unique to the United States, and it is likely there are lessons to be learned concerning achieving fairness, adequacy and efficiency in pensions, based on mandatory, universal, portable plans.

Introduction

Establish a…. [read more]

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