...LAW 531 WEEK 5 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-5 Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 5 Discrimination Scenario Simulation Introduction The Civil Rights Act of 1964 is the most noteworthy act of its kind, which emerged directly from the civil rights movement of the 1960’s. Title VII of the act states that it is illegal for employers, employment agencies, and labor unions to discriminate in respect to compensation, terms, conditions, or privileges in employment by hiring individual based on race, color, sex, religion, and national origin (Cheeseman, 2013). Discrimination was at the forefront of everyone’s mind during the 60s and 70s and many people believe that it has been eliminated it all together, but discrimination is still alive and thriving in our society in the work especially in the workplaces. The paper examines various scenarios of discrimination in workplace as they relate to Title VII reasoning. Scenario 1 Discrimination exists in this scenario because “disparate-impact discrimination occurs when an employer discriminates against an entire protected class.” (Cheeseman, 2013, para.6, p.546). He has a prima facie case of illegal discrimination. The black firefighter is in a protected class because of is race. The black firefighter was singled out to take his bed with him when he transferred from one fire station to next because the fire chief, who...
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...“Dillon vs. Champion Jogbra” Keisha Jones Craig Cleveland Strayer University December 2011 “Dillion vs. Champion Jogbra” (Walsh, 2010, p.589) In the case of Dillion vs. Champion Jogbra, Linda Dillon was hired as a full-time employee to work for the company in August 1997 as a charge-back analyst (Walsh, 2010, p.589). During the summer of 1998, Dillon was asked by Jogbra management to assume to position as the sales administrator (Walsh, 2010, p.590). Dillon applied, interviewed, and was hired for the position. Upon being hired for this position, Dillon was advised that she would receive extensive training for the position and the current manager would train her for the role (Walsh, 2010, p.590). During the month of September, the prior manager return to train Dillon for an additional two days, in which Dillon stated that after that training; she had received a sufficient amount of training for the job (Walsh, 2010, p.590). At the end of September, Dillon was advised by her supervisor and the HR manager that she was being reassigned to a temporary position with the company based on “things not working out” and if she was not able to obtain a permanent job with the company by the end of December she would be terminated (Walsh, 2010, p.590). It is important to keep in mind that Champion Jogbra distributes an employee manual at the time of employment and the first page states “the policies and procedures contained in this manual constitute guidelines...
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...Dillon v. Champion Jogbra HRM 510: Business Employment Law Dr. Moore June 12, 2011 Employers that do not follow their disciplinary policies, and related procedures, may get sued for breach of contract or wrongful discharge. Courts have ruled that disciplinary policies can be contracts, even when employers include at-will statements in them, if the policies contain provisions promising that the employer will follow specific disciplinary procedures. So, in Dillon v. Champion Jogbra, Inc., the Vermont Supreme Court found the disclaimer printed in an employee manual was in conflict with the employer's elaborate discipline and discharge system, which the employer said would be carried out in a fair and consistent manner. The Court ruled that the employer was sending mixed messages to employees about their status. Accordingly, it allowed a terminated employee to pursue her breach of implied contract claim since the employer had apparently adhered to these procedures in almost all other cases. Thus, your disciplinary policy should include "at-will" language stating that the policy is only a guideline, that management reserves the right to exercise its discretion in implementing it, and that you retain the right to discharge employees immediately. This case highlights the care that employers should take with the design of employee handbooks. Even where a handbook contains a prominent disclaimer stating that it does not establish any contract rights, an employer must be careful...
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...Legal Risk and Opportunity in Employment Law 531 Charles Cook February 7, 2011 Legal Risk and Opportunity in Employment Legal Encounter 1 NewCorp violated a breach of contract with Pat in this case. While NewCorp is an “at-will” employer, they provided an employee handbook to Pat which outlined the procedure for disciplinary process involving the requirement of corrective action. NewCorp failed to follow their own process which supports the wrongful termination suit. Additionally, the case law which would be applicable to this case is Dillon v. Champion Jogbra, Inc. The case has many similarities which can support Pat's claim of wrongful discharge. For example, the implied contract relating to the action stated within the employee handbook to follow a procedure for discipline and/or corrective action prior to discharge. Because NewCorp did not imply that the employee handbook was not a contract at any point within the handbook. Therefore, Pat has grounds for action against NewCorp. Legal Encounter 2 NewCorp has two issues to face in this scenario. The first being the sexual harassment by Sam toward Paula. Sexual harassment is “defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or submission to or rejection of the conduct...
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...Explain your answer. (This was a real case from Georgia). 2) An Employer had only one promotion to give, but he was torn between giving it to the single female and the male employee, who had a family. The employer thought the male employee most needed the job and could best use the money. He finally decided to give the promotion to the male and told the female he gave it to the male because he was a “family man and needed the money.” If the female employee sues, will she win? (This is also a real case.) 3) A female employee has an operation on her breast and when she returns to work, a male employee “jokingly” asks to see the scar. Is this actionable sexual harassment? (This is also a real case). Dillion v. Jogbra Research the Dillon v. Jogbra case decided in Vermont. Your paper should be between 1,000 and 1,500 words. Discuss the findings with your group. Prepare a Case brief: The case brief must be in IRAC Forumla and clearly define the issue, the rule of law used to decide the outcome, provide a analysis of the court’s decision and discuss the conclusion the court reached. Make sure to...
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...give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the right to consult with an attorney if he chose to do so. In the case of Dillon v. Champion Jogbra, Inc. Linda Dillion brought a suit against Jogbra for wrongful termination. Ms. Dillion’s case is very similar to Clark's situation however; Clark will have to prove that he was wrongfully terminated. It may be difficult for Clark to do because WireTech is an “at will” employer, and Clark signed...
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...give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the right to consult with an attorney if he chose to do so. In the case of Dillon v. Champion Jogbra, Inc. Linda Dillion brought a suit against Jogbra for wrongful termination. Ms. Dillion’s case is very similar to Clark's situation however; Clark will have to prove that he was wrongfully terminated. It may be difficult for Clark to do because WireTech is an “at will”...
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...NewCorp Scenarios Legal Brief LAW 531 April 16, 2012 NewCorp Scenarios Legal Brief Question 1: What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Answer: State of Vermont is an “at-will” employment state. The definition of “at-will” means the employer or employee can terminate the contract at any time without liability to other party. This gives NewCorp the right to fire, hire, or terminate for any or no reason as long as it is not illegal. When the employer terminates the contract it is a revocation of authority and when the employee terminates the contract it is renunciation of authority. NewCorp used revocation of authority to discharge Pat and did not violate any rights. Pat acknowledged that the contract he signed clearly said that NewCorp observed employment at will with respect to discharge. Written employment agreements are always enforceable in the court of law (Cheeseman, H. (2010). On the other hand when Pat signed and accepted employment he received the NewCorp personnel manual. In the manual he found that NewCorp has the policy or process in place for dealing with unsatisfactory employees. This gives Pat an implied impression that NewCorp “at-will” policy is limited. If Pat gets legal help and shows that he relied on the provision of the manual in continuing his employment with company or that the law of promissory estoppel applies, Pat could...
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...#1 Liabilities Facing Newcorp When an employee fills out an application, the form concludes with the acknowledgement of employment at-will. This practice is widely used unless employment parameters are established by a contract. Pat acknowledges signing a statement of employment at-will, but he claims the employee manual illustrates the procedure used when contending with unsatisfactory performance. The case of Dillon v. Champion Jogbra, Inc. examined the ambiguity of the manual. On the first page of the manual, according to Jennings (2006), “The policies and procedures contained in this manual constitute guidelines only. They do not constitute part of an employment contract” (p. 728). As the reader reads each section, he or she may misinterpret a policy as binding. The court ruled that the manual stated the company’s intentions on the first page. Pat’s assumption of outside related concerns is merely an assumption. The company did not express any knowledge of Pat’s opinions made at the school board meeting. The first amendment of the Constitution would have protected Pat’s freedom of speech. Suggestions for Newcorp The employment at-will statement does not always protect employers from possible litigation. Employees at-will may still establish a claim for wrongful termination under promissory estoppel if that employee can prove the termination breached a specific promise made by the employer (Jennings, 2006). A jury would determine if the promises substantiated a change from...
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...Abstract An agency relationship exists by common consent and specifies duties and responsibilities on both sides. NewCorp and its employees have an agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities from NewCorp’s perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment...
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