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Employment Law Case Research Paper

… (Workplace Fairness, 2013)

Examples of unlawful national origin discrimination are the following stated types of discrimination based on national origin:

(1) Affiliation: Harassing or otherwise discriminating because an individual is affiliated with a particular religious or ethnic group.

(2) Physical or cultural traits and clothing: Harassing or otherwise discriminating because of physical, cultural, or linguistic characteristics, such as accent or dress associated with a particular religion, ethnicity, or country of origin. Height and weight requirements can also be evidence that an employer discriminates against a specific national origin, if the requirements do not relate to the job.

(3) Perception: Harassing or otherwise discriminating because of the perception or belief that a person is a member of a particular racial, national origin, or religious group, even…. [read more]


Employment Laws Research Paper

… The need of firing comes up either from a wrong personnel hiring or if that employee has not been trained correctly. There have been instances recently in which the employers have been sued by the employee because of a flaw in the hiring process and the company had to pay him million of dollars because of that. (Muhl Charles, 2001) In order to avoid that the following are the steps that can enable an organization to avoid possible litigation.

A fair and transparent hiring process. This can be aided with a structured graded interview. The candidates are examined in various stages in which they have fair and equal opportunity to show their skills. Each phase has separate marks and candidates are graded according to their…. [read more]


Administrative Law and Due Process Essay

… The revolution that has occurred with regard to interpretation of due process cases has become even more complex with the burgeoning outsourcing of government functions to private entities. The considerations are of both authority and responsibility since the source of any deprivation of constitutional rights must be determined, and as in American Manufacturers Mutual Insurance Company v. Sullivan (1999), issues such as extent and aggravation of harm resulting from the privatization must be considered.

b. Access to agency information is necessary to ensure that the appropriate implementation of policy. In Shapiro v. United States (1948), the Supreme Court upheld the policy that regulated agencies must retain and release upon request to government regulators those records necessary for policy enforcement and protection of the public. Noncompliance…. [read more]


Corporate Civil Procedure and Constitutional Law Term Paper

… Gilbert Law Summaries: Constitutional Law by Jesse Choper

The United States Constitution is the foremost legal authority for laws created in the United States. Though the Constitution is a federal document, it applies to all laws at every level in the United States. Therefore, any law that fails to comport to constitutional standards is illegal. The Constitution specifically prohibits certain types of laws and also dictates which branch of government has the power to enact certain types of legislation. This essay provides a brief overview of several of the key factors in constitutional law, including the areas where a practitioner is most likely to encounter constitutional issues.

Powers of the Federal Government

While the Constitution appears to establish the supremacy of the Supreme Court's decisions,…. [read more]


Procurement the Law Essay

… he FAR precludes agency acquisition regulations that unnecessarily repeat, paraphrase, or otherwise restate the FAR, limits agency acquisition regulations to those necessary to implement FAR policies and procedures within an agency, and provides for coordination, simplicity, and uniformity in the Federal acquisition process. It also provides for agency and public participation in developing the FAR and agency acquisition regulation.

Recommendations

It appears that the company should operate in a matter that should limit the exposure to these complicated and complex sets of regulations. A negotiated settlement appears to be the best position to take. If this position is unattainable it would be wise to argue from a contractual law standpoint and find errors and loopholes within the contract to exploit. This is not the preferred…. [read more]


Culturally Relative Ethics vs. Objective Ethics First Essay

… ¶ … Culturally Relative Ethics vs. Objective Ethics

First, it is necessary to address the underlying concept about whether or not moral principles exist in any objective sense or only as function of learned cultural values. A strong argument can be made that the full dependence of moral values on subjective perspective is the same as an admission that there is really no such thing as morality, only socially-learned expectations. In theory, the very same conduct might be "moral" and considered perfectly acceptable in one society and "immoral" and criminal in another society. If that is the case, then there is simply no need to consider or discuss morality as an abstract because it has no meaning.

Therefore, unless one believes that nothing is genuinely…. [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]


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]


Lincoln Lawyer by Michael Connelly Book Report

… Employing this approach, Haller zealously litigated and advocated on Roulet's behalf throughout trial, even though he began to detest his dishonest client, believing him to be guilty. Haller pursued an excellent defense at trial even though he began violating his own rule to ignore the irrelevant question of whether a client was guilty.

Haller's continued advocacy on Roulet's behalf demonstrates Haller's commitment to defense work -- if Haller had wished to end his employment for Roulet based on his suspicion of Roulet in the murder of his investigator and other conflicts within their relationship, he could have requested permission from the court. Per the California Rules of Professional Conduct, with the court's permission, an attorney may withdraw from representing a client if the client renders…. [read more]


Employment Law First Quote Essay

… However, last year gave a tough time to the public companies as well as the private ones. Then membership rate in unions of public companies came to 35.9% (2012) from 37% (2011). Whereas, in case of private sector companies, the rate showed less fluctuation and came to 6.6% from 6.9%.

This drastic decline in number of members is justified by the officials of unions. According to them, it is due to state driven arguments' regarding collective bargain and traditional federal laws for labours which has resulted in such decrease in number of members.

Some people say that unions are just adding up the organization's costs. They are not a source of value addition; neither to the workplace nor to the employees. According to James Sherk…. [read more]


Employment Essay

… The employee and her supervisor later begin having a consensual relationship.

In this situation, the policy clearly states the expectation of the firm. A supervisor is strictly prohibited from having an intimate relationship with subordinates. Relationships outside of work can cause work environment stress for both the company and individuals within the relationship. This stress could ultimately hinder work performance as both parties are occupied with aspects outside of work. Now as a company, it too, must be mindful not to allow talented individuals to leave the company who otherwise could contribute significantly to its growth. As such, one course of action would be to separate both parties. If, for instance, the company has multiple locations, placing each individual in a separate location would benefit…. [read more]


Employment and Labor Relations Key Term Paper

… A typical procedure might be to survey the employees. A standard, anonymous questionnaire is given each year to every employee. The questions are designed to gather information on job satisfaction. Results of the survey for each workgroup are calculated and returned to each manager. The goal of the survey portion of the process is to gather key data to help workgroups focus on their problems and opportunities.

In order to understand the meaning of the survey results, managers must solicit feedback from their workgroups. The goal of the feedback meeting is to identify specific concerns or problems, examine specific causes for these problems, and devise plans to correct these problems. The company must analyze the feedback it receives from the survey to determine which factors…. [read more]


Employment Law Case Study

… Business

Employment Law

Hernandez v. Hillsides Inc., 47 Cal.4th 272 (2009)

Facts: In September 2003, the plaintiffs Hernandez and Lopez filed a suit against defendants Hillsides and Hitchcock over the use of video surveillance equipment in plaintiffs' office. The complaint consisted of three related causes of action, and sought compensatory and punitive damages. The first cause of action claimed an invasion of privacy. The hidden camera was installed after the director of the facility learned that late at night, after plaintiffs had left the premises, an unknown person had repeatedly used a computer in plaintiffs' office to access the Internet and view pornographic Web sites.

Noting that neither Hernandez nor Lopez had been seen or recorded, the trial court found that there had been no…. [read more]


Arizona Immigration Law SB1070 Term Paper

… The U.S. Chamber of Congress is reported to have sued the state because its "Legal Arizona Workers Act (LAWA) violated the federal Immigration Reform and Control Act (IRCA), which prohibits states from enforcing federal immigration laws with civil or criminal penalties. The Supreme Court upheld several minor court decisions that found LAWA, which was passed in 2007, did not violate IRCA because it only threatened to repeal the licenses of businesses that employ illegal aliens or which failed to use E-Verify." (American City and County, 2011)

It is reported that the District Court found that the IRCA's plain language in the preemption clause was not in violation of the Arizona law because the law "did no more than impose licensing conditions on businesses operating within…. [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]


Legal Environment of Business Term Paper

… Legal Business Environment

Legal Environment of Business

Modern businesses have to operate under a variety of laws and regulations. The business manger has to ensure that all federal and state mandate laws are followed to avoid litigation and penalties. In addition to the laws on the books the businesses also have to be sensitive to the public opinion and ethics. Some of the ethical issues are covered by law but others may be related to the public image of the company and may be of equal importance to some businesses.

TRENDS IN LEGAL DECISION-MAKING

Interaction between Ethics and Law

As ethics and law increasingly become interwoven, it is becoming more and more difficult to create distinction between the two. Both ethics and law deal with…. [read more]


3408 Term 1 Coursework 2012-13 Essay

… Although this is not outlined under the employment law, it is only morally sound.

Alan's case

Under the employment law, a part-time worker refers to someone who works fewer hours than a full-time employee does. However, working as an employee a full-time or part-time, is not specified with a number of hours, but a full-time employee will work for 35 hours or more in a week. The law treats fulltime and part-time employees as equal. Therefore, employers should they do not treat part-time workers less favorably compared to full-time workers as outlined in the employment law. Doing this means a breach of employment rights. Allan has some specified duties such as teaching and marking (Honeyball, 2011). In comparison to the full-time lecturers, they have other…. [read more]


Employment Law Term Paper

… Employment Law

The objective of this work is to review the specific laws that govern employers or that which is referred to as employment law.

Specific laws exist that govern employers and one of these is Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Additionally the Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same workplace from sex-based wage discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are over the age of forty years of age. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with…. [read more]


Legal Risk Arising From Wrongful Essay

… S. Supreme Court case Pennsylvania State Police vs. Suders. In this case, the court ruled that when sexual or gender harassment is taking place, it is creating an unequal work environment for the employee (which is a violation of Title VII of the Civil Rights Act of 1964). (Cheeseman, 2010, pp. 511 -- 527)

Analysis

In this situation NewCorp has responsibility to protect Paula by creating a work environment that will prevent Sam's aggressive behavior. As a result, the company must take some kind of aggressive action to mitigate possible litigation. The most notable steps that can be taken to address the problem include: transferring Paula to the department that she is requesting, terminating Sam from the company and transferring Sam to another division (where…. [read more]


Work Opportunity Tax Credit Wotc), One Form Thesis

… Work Opportunity Tax Credit WOTC), one form of activation, Eichhors, Kaufmann, and Konle-Seidl (2009) explain, was enacted in 1997 to replace the Targeted Jobs Tax Credit. Employers who hire individuals in the eligible groups receive tax credits.

The History of WOTC

Revision of the WOTC

WOTC Components

Eligible Groups

Family members, receiving food stamps; living in subsidized housing

"Vocational rehabilitation referrals iii. "Veterans receiving food stamps, and iv. "Ex-felons who are members of low-income families" (Eichhors, Kaufmann, and Konle-Seidl, 2009, p. 397).

SBWOTA

Enhanced Considerations

Provisions C. on-the-job training, Wage Subsidy Program

Targeted groups

Provisions III. Conclusion

A. Summary of Findings

Recommendations

ABSTRACT

TABLE OF CONTENTS

Work Opportunity Tax Credit

"Our new Constitution is now established, and has an appearance that promises permanency;

but in…. [read more]


Work Life Balance Essay

… Telecommuting, through the use of these advance devices has helped in moving the workplace to employees as opposed to the past where the reverse was the only possibility. Organizations are therefore ale to provide individual employees with devices and giving them authority to engage in some of their work related activities while at home and for the most part of their work time (Weese & Tucholka, 2007). As Maxwell (2009) notes, telecommuting has not only facilitated productivity for organizations but also become an advantage for the employees who work for these forms.

Telecommuting does not happen in a vacuum, as there are structures and devices necessary for accomplishing the goals of the entire process. Telecommunication tools in the form of modems, fax machines, internet, email,…. [read more]


Employment Discrimination and Globalization Term Paper

… Employment Discrimination

Signed into law in 1990 the Americans with Disabilities Act (ADA) "prohibits employment discrimination against the disabled" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). The law protects those with a disability from being targeted for no hire as job applicants, or discharged from work as employees of a firm. Additionally, the law sets out parameters of reasonable accommodation, actions which an employer must take in order to "adjust a job or work environment to fit the needs of disabled employees" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). The case of U.S. Airways Inc. v. Barnett explicates the reasonable accommodation provision as it relates to an employee who after suffering a debilitating injury leading to disability, transferred to…. [read more]


Work First Family Assistance Research Proposal

… This is because the aim is to encourage citizens to get knowledge and learn (SFA Awarded Scholarships, 2013). The citizens will not be asked to repay the amount since it is not loan. After the scholarship aid, the state should ensure that the student completes the educational qualification. The recipient of the funds should be encouraged to maintain a certain GPA and to enroll as full time student. The student should be offered counseling so that the scholarship is rightly and effectively used. The scholarship grants should never be paid in cash rather the fund program should pay the scholarship in form of student fees directly to the university. The teachers should update the administrators about the performance of the student as well. The scholarships…. [read more]


Statutory Interpretation Is Indeed Essay

… In this case, a greater amount of illumination was rained down on the Employment Rights Act and was done so in a way which better protected workers.

"Another important development with respect to statutory interpretation in the UK is to be found in the Human Rights Act of 1998. This states in s.3(1) that so far 'as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights."

This showcases yet another benefit and possibility of statutory interpretation as it widens the amount of freedom that judges have when using a purposive approach. While many of them are taking advantage of this freedom, the bulk of the legal system…. [read more]


Appellate Opinion Breach of Contract Research Paper

… Appellate Opinion

In the case of Union Pacific Railroad Company v. The United States, the United States Court of Federal Claims ruled in favor of the defendant after determining that the relevant statute of limitations had expired, dismissing the plaintiff's claim that it was owed compensation for the installation of the wrong culverts beneath a train line. The case demonstrates a number of important concepts in regards to contract law and its treatment in the Court of Federal Claims more specifically. By examining the opinion in detail in conjunction with relevant cases and commentary, one is able to see how contract law continues to provides instances of legislative contradiction and struggles to maintain an effective balance between the rights and interests of the various stakeholders.…. [read more]


Harmonization of International Civil Procedure Term Paper

… 3] [12: Garnett (2009) p.4] [13: Garnett (2009) p.5]

V. Civil Procedure

The principles of Transnational Civil Procedures are principles stated to be "equally applicable to international arbitration, except to the extent of being incompatible with arbitration proceedings. The court and judges are reported as being required to hold judicial independence to hand down a decision on the dispute in accordance to the facts and the law and to be free from improper internal and external influences.[footnoteRef:14] Judges should have "reasonable tenure in office. Nonprofessional members of the court should be designated by a procedure assuring their independence from the parties, the dispute, and other persons with an interest in the resolution. The court should be impartial and the individual holding decisional authority should not…. [read more]


Fitzgerald Went to His Physician Term Paper

… The only contentious issue is (3), if the employee can still perform his functions with the added lighting and in a way compliant with the new schedule without inconveniencing or causing too much hardship and hurt to the employer or to other employees. However, although Fitzgerald's claim is forwarded by the enforcement of the ADA, even if he stays on, it is unlikely the company will be willing to hire other disabled workers, for fear of incurring additional expenses. Still, a judge should decide in favor of Fitzgerald, provided he is not a night watchman or some other occupation that requires night work and close vision. ("Disability discrimination, 2004, Legal Database)

Work cited

"Disability discrimination." (2004) Legal Database. Retrieved 28 Jan 2005 at http://www.legal-database.com/disability-discrimination.htm

Case…. [read more]


Employee Privacy Case Study

… The Spears challenged the court's finding of liability and admitted taping however stated their content that the facts in this case bring their actions "under two statutory exceptions to civil liability. Further, Juanita Spears alleges that she did not disclose information learned from the tapes, thus the statutory damages assessed against her on that ground was improper. For their part Deal and Lucas challenge the court's failure to award them punitive damages as permitted by statute." (United States Court Of Appeals, Eighth Circuit, 1992) In order that there be a violation of the wire and electronic communications interception provisions (Title III) of the Omnibus Crime Control and Safe Streets Act of 1968, this violation is a criminal offense according to 18 U.S.C. § 2511 (1988).…. [read more]


Labor Law Specifically in Cases of Termination of the Employment Contract Research Proposal

… Termination of Employment Contract in Labor Law

In the United States and other OECD countries, employers are generally constrained by statutes to implement unjust dismissal of employees. However, in the United States, employers could terminate non-labor union members at will and without cost. There is no comprehensive labor law in all the 50 states in the United States. However, most states have protective legislation for employees and based on the protective legislation against unjust employee's termination, increasing number of employees have been involved in civil litigations where employees generally claim that they have terminated unjustly or wrongfully by their employers. Wrongful termination of contract employment has increased in number since 1980. Typically, employees have filed many cases against multinational corporations as well as small and…. [read more]


Labor and Employment Law Essay

… FMLA: Labor and Employment Law

Situation

The Family and Medical Leave Act of 1993 (FMLA) mandates that employees at most major entities (thus including Company X, as Company X has over 75 employees) are entitled to a total of up to 12 work weeks of unpaid leave to fulfill certain family responsibilities during any 12-month period (Family and medical leave, 2010, U.S. Office of Personnel Management). These responsibilities include the birth of a child; the adoption or fostering of a child; and the care of a spouse, child, or parent with a serious medical condition. Similarly, "a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her positions" is also covered under the provisions of…. [read more]

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