...Bringing awareness to the social inequality of discrimination against veterans is imperative in modern America to lend a hand, so people, that are coming home from the battlefield, thrive and have a successful life. In the American society, teenagers are impacted by their living conditions, authors have an influence on the reader's mind through their writing, and various genres of literature can be used as a helpful tool in changing society’s views of acceptance. First and foremost, in the beginning of last year, there were about 220,000 Iraq and Afghanistan veterans that did not have a job. With this alarming rate, more and more veterans become jobless as the days go on. Looking for a job is becoming a backbreaker for many ex-military officers...
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...Legal Protection Provided against Disability Discrimination — Evaluation of the Appropriateness of the Disability Anti-discrimination Laws Name Institution Date Introduction The evolution of the world has been accompanied by a number of social developments. Some of these social developments have included equality policies, and as far as disability is concerned, this has been one of the critical areas of concern[1]. The concern has been extended in a number of areas, especially jurisprudence. The rationale is that people with disabilities have often been condemned to contend with discrimination, a social injustice. On the other hand, jurisprudence is as an avenue of guaranteeing justice for all. Various legal steps have been developed, including the formulation of laws. This paper seeks to examine the outright nature of these steps in taming disability discrimination. Disability anti-discrimination laws Central to the disability anti-discrimination legal steps are the legal stipulations underlying the Universal Declaration of Human Rights and bill of rights, which have often served as a framework for inequality policies. In particular, the universal Declaration of Human Rights is considered as a common standard for achieving social justice for all people across the world. What is well noticeable from all the articles in the Universal Declaration of Human Rights is the emphasis for treating every person...
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...racial discrimination under disparate treatment and disparate impact. Disparate treatment is intentional unequal treatment based on protected class characteristics that results in the limitation or denial of employment opportunity. Employer of any size prohibited from discrimination against people who are members of, or have obligations to serve in a uniform military service under the uniformed services Employment and Reemployment rights Act ( USERRA). Explain how the r reemployment provisions of the USERRA were violated in this case? Under the provisions of USERRA reemployment must occur within two weeks of the employee’s application for reemployment. However, Metro return-to-work process took three weeks to rehire. Petty’s complaint alleged that Metro violated his rights under USERRA in that: (1) Metro delayed rehiring him for the purpose of subjecting to the department return-to-work process; (2) Metro did not properly rehire him because he was not placed in the position to which he was entitled; (3) Metro impermissibly denied him the ability to work off duty security jobs. Explain why the court concludes that Petty has a claim for discrimination under USERRA. USERRA performed four key functions in this case that concluded a claim of discrimination. (1) It guaranteed returning veterans a right of reemployment after military service; however this should have occurred within two weeks, but took three weeks. (2) It prescribes the position to which such veterans are entitled...
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...Petty v. Metropolitan Gov’t of Nashville & Davidson County Petty v. Metropolitan Gov’t of Nashville & Davidson County The Uniformed Services Employment and Reemployment Rights Act of 1994 provides employment protection to National Guard and Reserve military personnel. This legislation protects military veterans and reservists' rights with respect to their civilian jobs and benefits, and outlines employee, and employer responsibilities. (Lundin, p. 20). The law also requires employers to refrain from discrimination in hiring, re-employment and benefits because of an employee's military service or connection (Lundin, p. 20). In the case of Petty v. Metropolitan Government the company was accused of violating this legislation. 1. What were the legal issues of this case? The legal issue of this case of Petty v. Metropolitan Gov’t of Nashville & Davidson County is the alleging of racial discrimination under disparate treatment and disparate impact. Another issue in the case is the postponement of re-employing a returning Army reservist, which violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, although the delay was based on the employee’s alleged dishonesty (Walsh, 2010). In Petty v. Metropolitan Gov’t of Nashville & Davidson County, Metro re-hired Petty but did not return him to his previous position of patrol sergeant. Petty was demoted to answering phone calls and occasionally taking police reports (Walsh...
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...The Department of Housing and Urban Development Abstract The Department of Housing and Urban Development has developed programs designed to help out the less fortunate for years and protect them from discrimination. Administrative law is especially valuable to agencies such The Department of Housing and Urban Development as it addresses fairness and responsibility issues with governing laws. Court cases help to make change where needed when it can be shown the system has failed or if one’s rights have been violated. The Department of Housing and Urban Development The Department of Housing and Urban Development's (HUD) manages and is responsible for the running of programs that provide housing as well as community development assistance. The HUD agency also works to ensure fair and equal housing opportunity for all people. An example of one of the programs is the Federal Housing Administration (FHA), which is part of HUD, is a government agency which objectives are to improve housing conditions and standards as well as provide a house financing system with insurance of home mortgage loans. Congress created the Federal Housing Administration (FHA) in 1934. The FHA became a part of the Department of Housing and Urban Development's (HUD) Office of Housing in 1965. The HUD agency and issues it covers is very broad so administrative law is a must for this agency to ensure there is fair housing and equal opportunity. Administrative law covers several areas such as rule-making...
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...with one another rather than reinforce. Also laws often have unanticipated or unintended consequences. Human resource personnel must be cognizant of equal employment opportunity laws. These are equal pay act of 1963 which prohibits discrimination in pay between men and women performing the same job in the same organization. Title VII of the Civil Rights Act of 1964 prohibits employers from basing employment decisions on a person’s race, color, religion, sex, or national origin. It has amended or interpreted to prohibit discrimination based on pregnancy and sexual harassment. Most recently, it has been amended by the Civil Rights Act of 1991, which places the burden of proof in a discrimination case squarely on the defendant, prohibits the use of quotas, and allows for punitive and compensatory damages as well as jury trials. Executive order 11246 prohibits discrimination against the same categories of people that Title VII protects, but also requires that government agencies and contractors take affirmative action to promote the employment of persons in protected cases. Age discrimination in Employment Act of 1967 prohibits discrimination against employees who are 40 years old or older. Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities who can perform the essential functions of a job with or without reasonable accommodation. The...
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...Should married gay Veterans receive equal benefits? University of Phoenix August, 5, 2014 Kealakai Peña Marriage is a right protected by the United States Constitution. The Fourteenth Amendment allows American citizens entitlement to life, liberty, property, and equal protection under the law. By denying gay couples the right of marriage, laws that ban gay marriage also deny them these constitutional rights. These laws would deny gay couples the right to life and liberty by denying them the lifestyle that they want to live. It would deny them property by banning them from jointly owning property together as a married couple. Finally, it denies them equal protection under the law by stopping them from entering into a partnership based solely on their sexual orientation. The Fourteenth Amendment allows all citizens of the US the entitlement to life, liberty, property, and equal protection under the law. The sole right of marriage is protected under the United States Constitution. Denying same-sex married veterans would be denying their right to life and liberty. This denies them property by banning them from jointly owning property together as a married couple. A prime example of denying benefits to married gay veterans would be when the Wilkinson’s required a $175,000 bank loan from the Veterans Affairs, a department that provides to active-duty members and veterans. When the 32-year-old veteran was single, he was...
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...Petty v. Metropolitan Government of Nashville and Davidson County HRM 510: Business Employment Law Dr. Moore May 15, 2011 The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 provide employment protection of National Guard and Reserve military personnel. This legislation protects military veterans and reservists' rights with respect to their civilian jobs and benefits, and outlines employee, and employer responsibilities as well (Lundin, p. 20). Additionally, the law requires employers to refrain from discrimination in hiring, re-employment and benefits because of an employee's military service or connection (Lundin, p. 20). Although the USERRA has been effective in protecting the employed military member, it requires some work in the area of hiring new employees. Simply because of their military status, many qualified job applicants are often passed-over, it is an unlawful practice but very hard to prove by the Reserve/Guard member. Simply put, there are thousands of veterans unable to secure employment because it is too easy for the employers to select other non-military recruits. In the case of Petty v. Metropolitan Government the company was accused of violating this legislation. 1. What were the legal issues in this case? The legal issues in this case involved the treatments of Petty, a former Police Officer who left the Metro Police Department for active duty with the United States Army. Upon his request to be reinstatement, Petty...
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... 2 Minority Disabled Veteran population are the Veterans that have been identified by their ethnic background. These Veterans are men and women that are African Americans, Asian American/Pacific Islander, Hispanic, Native American/ Alaska Native and Native Hawaiian. The United States census bureau facts and statistics regarding United States Veterans, in 2008 reported that there were 2.3 million African American Veteran s, 1.1 million were Hispanic, 276,000 Asian; 160,000 American Indian or Alaska Native; 27, 000 were native Hawaiian or other Pacific Islander. It has been predicted by the Department of Veteran Affairs that it is expected to see 25 percent of the living Veteran population will be minorities by the year 2021. The Veterans Administration has been experiencing an increase of disability claims since the fiscal year of 2011. In 2011, 1 million Disability Compensation and Pension benefits that Veterans were already receiving benefits. There are both physical disabilities and mental health disabilities that affect the United States Veteran population. Since there is a large amount of minority Veterans and at one point of time a lot of these Veterans were not receiving benefits that they were entitled to, due to lack of knowledge of the benefits available, language barriers, and discrimination. The Center of Minority Veterans (CMV) helps the Department of Veterans Affairs to ensure that all Veterans receive equal...
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...affected three groups: veterans, women, and African Americans. Indicate the following for each group: * what they gained as a result of World War II * what challenges they faced at the end of the war * what progress they made in the years after the war * your prediction of the struggles they would face in the following years Veterans: The veterans gained many benefits as a result of WWII. When they came back, the GI Bill gave them jobs, medical coverage, education and low-interest when buying a home or setting up a business. Veterans: The veterans gained many benefits as a result of WWII. When they came back, the GI Bill gave them jobs, medical coverage, education and low-interest when buying a home or setting up a business. What they gained as a result of World War II African Americans: African Americans didn’t really gain much. They were given some rights, but that is all. They were as important at the time. African Americans: African Americans didn’t really gain much. They were given some rights, but that is all. They were as important at the time. Women: Women were finally reunited with their husbands. They could finally start a family, thus came the Baby Boom. Women: Women were finally reunited with their husbands. They could finally start a family, thus came the Baby Boom. Veterans After the war was over, male and female veterans were unemployed. But then the G.I. Bill was created, and that gave them jobs. Veterans After the war was...
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...in. They were still being discriminated after the war. The African Americans still had no respect or had any rights. Many of African Americans did not go back home, some of them moved to the cities were they could find work. Other went back home, the ones that went back home still had to deal with the Jim Crow law. Which the Jim Crow law was a racial segregation in all public places in the southern states. After the war in 1944, the government offered a billed called the GI Bill of Rights, this was a bill that rewarded whom served in the war (veterans) could get an education, job finding and unemployment that pay $20 week. Even though this bill was passed by the government, the black veterans were denied of some of these benefits. For example; the banks would not make loans or a mortgage to the black veterans. But the black’s veterans did benefit from the bill was by attending college and graduating. The segregation and discrimination was coming to an end. The civil right movement was taking place in the 1950’s to early 1960’s. The blacks and supporters were standing up for their rights. The biggest civil right movement was Martin Luther King Jr, a...
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...decision in this case resolved a long heated battle in the Supreme Court with plaintiffs bringing claims under the Age Discrimination in Employment Act (ADEA) with reliance on disparate impact. Previous to this decision, an employee could only recover if a business made an unfavorable business decision if it was made with the intent of discriminating against the person if he or she was of forty years of age. What this decision does allows for claims to be recovered if the business has an impartial business practice, which in turn has no discriminatory intent that has a negative impact on people aged forty and over. I will state views of the case from both sides and give my suggestions on how this may have been avoided from a managerial point of view. In 1999, the city of Jackson, Mississippi adopted a plan that would grant raises to their officers that had less than five years of experience to receive raises that were of higher percentage than those of officers that were more experienced. Even though the new proposal discrepancy was based on the years of service that the officers had and not the age of the current officers, most of the officers with more than five years experience were over the age of forty. They claimed that the city that they were hired to protect had established a new pay rate initiative that would reward the younger officers out of discrimination. The city claims that the new proposal was to make the city a more competitive market for officers for the purpose...
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...community issues, work on campus, and alumni groups. These organizations are good resources for companies who are looking for future talent with leadership and organizational skills. 2. Diversity Resources http://www.diversityresources.com/ Summary of the information found on this site: Diversity Resources publishes diversity and multicultural educational and training materials for organizations. The products they offer includes electronic multi-media multicultural calendar, video and print training materials, e-Learning, and books on cross-cultural competence in health care. This organization has a number of helpful links for managers to access that address issues such as communication, conflict resolution, culture, disability, discrimination, gender, harassment, religion, respect, and diversity in general. I specifically liked comprehensive topics on diversity that...
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...Commission on Equal Employment Opportunity. This order stated that any contractors doing business with the government “will take affirmative action to ensure that applicants are employed, and employees are treated during their employment, without regard to their race, creed, color, or national origin” (Reference for Business 2008). The order did not advocate preferential treatment of the selected groups but rather sought to eliminate discrimination in the traditional sense. A section of the act known as Title VII, which specifically banned discrimination in employment, and paved the way for the subsequent development of affirmative action. The Equal Employment Opportunity Commission (EEOC), created by the Civil Rights Act of 1964, and the Office of Federal Contract Compliance became important enforcement agencies for affirmative action. Basically affirmative action is steps that are taken to eliminate discrimination in employment, education, and contracting. It has also been said that it is an attempt to redress the effects of past discrimination. Affirmative action was created to offer equal opportunity, and to allow all persons the right to equal access to self developments, In other...
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...Linguistic discrimination is just a piece of the overall issue with racism and it can actually happen without anyone actually seeing an African American’s skin. You Hear was created to start a dialogue about over the phone discrimination and policy that aligned with it. People use the phone for a variety of reasons like to make doctor's appointments, call companies about product malfunction, and to ask if a business was hiring. Can you imagine living a life where you alter your voice to get treated fairly when calling about open housing? Such a simple task that shouldn’t be a hassle is often a process of assimilation and cultural erasure for Black people because they have to put on a “white voice.” This piece holds several elements of symbolism....
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