...SB 798 prohibits the sale and manufacture of BB guns and imitation firearms unless the entire exterior surface is painted in bright neon colours. This Californian bill was amended on April 13th 2011 by Californian Senator, De León. The purpose behind this bill is to protect Californians, especially accidental shooting of residents from law enforcements due to fake firearms which are indistinguishable from real guns. However, SB 798 will not make California safer and will do more harm than good. Airsoft guns are not toys in any way, shape or form. Airsoft guns are firearm replicas on a 1:1 scaling ratio and almost indistinguishable as fake firearms by appearance. The current law prohibits the sale of airsoft guns to minors unless accompanied by a parent or guardian, as airsoft guns require the same care and handling as if they were real firearms. Airsoft guns are designed to discharge non-metallic BBs six millimeters in diameter, which weigh between 0.2 to 0.4 grams. However most airsoft guns are high powered and are capable of firing at a velocity between 300 to 500 feet per second. Improper firing of such high powered airsoft guns can result in serious bruises, knocking out of tooth and even penetration of skin. Painting airsoft guns in bright neon colours will give the impression to parents that they are toys and therefore suitable for children. This will cause more harm as more airsoft guns will become more available to children. Whether painted or not, airsoft guns should...
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...laws. The Civil Rights Act of 1964 is the reason why the Equal Employment Opportunities Commission was passed. The reason for the EEOC is to help employees with a legal recourse and to make sure that they are treated fair and have an equal consideration with respect to employment and termination. Employees sometimes feel that employers engage in unfair practices. On rare occasion this may be true, there is something an employee can do. However, if the employee feels they have been treated unfairly because they are in a protected class, the employee has the ability to file a claim with the Equal Opportunity Employment Commission (EEOC). After the EEOC has followed their procedure, the employee may still file a claim in court to get a resolution. The EEOC is responsible for ensuring employers with more than fifteen employees are complying with federal laws of protection for protected individuals. They protect people that are based on race, color, religion, sex, national origin, age, and disability. The law stops employers from hiring or firing of an individual base on their race, age, religion, national origin, color or sex. When a person feels that their rights have been violated, he or she may file a claim against the company. The Equal Employment Opportunity Commission was started to protect the rights of an employees in the workplace. If EEOC can not settle the case, then the matter will...
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...LEGAL PROCESS Shanees Gay MGT/434 October 12, 2015 University of Phoenix LEGAL PROCESS PAPER Introduction Discrimination in the workplace comes in many forms. Workplace discrimination happens when a member of a protected class is treated differently than their peers. An act of discrimination may occur in relation to refusal to hire, termination, denial of training, etc. This may happen simply because of the employee’s race, gender, nationality, religion, ace, disability, and even familial status (a pregnancy). Employees are protected under the Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC). Complaint Process John must begin the civil litigation process beginning with the Equal Employment Opportunity Commission (EEOC). The agency have put laws in place that governs the employers and employee procedures when a complaint is issued. The Equal Employment Opportunity Commission is the leading agency for handling issues of job discrimination and deals with most matters of employment discrimination under federal laws. (Bennett-Alexander, 2004, Retrieved October 12, 2015). The first step John should take is to decide whether or not he wants to take action (this is always the hardest step for an employee). Most of the time, workplace discrimination goes un-noticed and even un-mentioned. Once John has made the decision to take action by reporting the issue, he must file an official complaint with the EEOC. Once the...
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...Legal Process Paper Kristen Cohen MGT/434 – Employment Law » Due June 22, 2015 Brian La Hargoue Legal Process Paper As John is an employee in the private sector, if he wanted to file a discrimination complaint against his employer, there would be specific procedures that he would need to take to complete this process of filing a complaint, the civil litigation process and the steps that would need to be taken to file this complaint. In this situation, John would have to begin the civil litigation process by contacting the Equal Employment Opportunity Commission (EEOC). This is a commission that helps employers and employees proceed with their complaints when they filed and issued. John will have to file an administrative complaint with either the Federal EEOC or a State agency that the EEOC works with in prosecuting charges of discrimination. It is stated by the EEOC that any individual that feels that their employment rights have been violated can file a charge of discrimination (EEOC, 2006). A discrimination complaint can be filed if the person believes they have been discriminated against race, gender, color, religion, or national origin. The complaint would be in regards to hiring, firing, training, discipline, compensation, benefits or other terms and conditions of employment (EEOC, 2006). Once the official complaint has been filed the EEOC will first notify the employer who the complaint has been made against and they will be served with papers...
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...taken in order to do so with the Equal Employment Opportunity Commission (EEOC), and the U.S. Court System. Equal Employment Opportunity Commission (EEOC) laws were designed that governs both the employee and employer when a complaint is filed. According to U.S Equal Employment Opportunity Commission (n.d), “EEOC files employment discrimination lawsuits in select cases. When deciding whether to file a lawsuit, EEOC will consider several factors, including the seriousness of the violation, the type of legal issues in the case, and the wider impact the lawsuit could have on EEOC efforts to combat workplace discrimination. Because of limited resources, EEOC cannot file a lawsuit in every case where discrimination has been found”. In this scenario, the first thing that John has to do in filing his complaint is to do so with the office of EEOC. After the complaint has been filed, the Equal Employment Opportunity Commission (EEOC) will then take over the case, which they will take the proper steps in an effort to avoid any legal actions. John’s case will be moved to a state level, and if it is necessary then to the Supreme Court. The employer in this matter will then be notified regarding the complaint that was filed against them. Also, in some cases if agreed upon by both parties, a mediator is assigned in the attempt for both parties to reach a binding agreement. The Equal Employment Opportunity Commission (EEOC) will attempt a second phase of mediation if in the case the mediation...
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...Court cases and legal issues regarding religious freedom and discrimination. According to the Title VII of the Civil Rights Act of 1964 (CRA/ Title VII), religious discrimination is prohibited and employers are required to accommodate an employee’s earnestly held religious beliefs, observances, and practices, within reason, if honoring the accommodation would not impose any undue hardship on the organization. The Equal Employment Opportunity Commission (EEOC) has presented many claims and federal court cases that identified discrimination involving religion and ethnicity, so in a joint initiative, the Justice Department, The EEOC and the Labor Department implemented a strategy for increasing diversity sensitivity in an effort to combat cultural...
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...enactment of the Civil Rights Act of 1964. Title VII of the act made workplace discrimination illegal. However, fifty years later we are still debating the issue and there is overwhelming evidence that discrimination in the workplace still exists. Alarmingly, workplace discrimination claims based on race filed at the Equal Employment Opportunity Commission (EEOC) have reached record highs within the last three years. In 2010 alone, there were 93,727 charges reported to the EEOC . This article will review current law regarding discrimination by employers. It will determine if these laws are effectively preventing or reducing discrimination in the workplace. Finally, this article will explore what changes, if any, should be made to the law. I. Relevant Law Title VII of the Civil Rights Act of 1964 is intended to make illegal discrimination by an employer based on race, color, sex, religion, or national origin. Title VII applies to employers who have at least fifteen employees. Originally, the minimum was twenty-five employees until the Equal Opportunity Act of 1972 reduced the number to fifteen. The most recent modifier of Title VII is the Civil Rights Act of 1991 which kept the employee minimum at fifteen but allowed for monetary damage awards for victims of discrimination. The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing Title VII. Title VII also says that equal employment opportunity cannot be denied because of marriage to or association with...
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...Legal Process Paper The federal agency that serves as the body to protect employees from employment discrimination based on race, sex, national origin, religion, age, or disability is the Equal Employment Opportunity Commission (EEOC). Discrimination is the process that treats an individual differently based on preconceived ideas (Duhaime, n.d.). An employee who thinks he has been the subject of discrimination has the right to file a complaint with the EEOC. In this paper, there will be an analysis of an employment discrimination complaint and civil litigation process from the initial EEOC filing and if necessary, through the state, and federal court systems. The paper will also include a discussion of other relevant aspects to address discrimination complaints and workplace disputes. Overview of the EEOC Process John is an employee in a private sector organization, and he thinks he has been subject to discrimination. He wants to file a discrimination complaint. The first step in the process is the requirement to file a Charge of Discrimination. This is done by contacting any EEOC office (EEOC, 2009). The deadline for the employee to file the charge is 180 days after the occurrence of the discrimination. Although the deadline can be a total of 300 days, if the occurrence of the discrimination took place where state or local anti-discrimination laws exist (EEOC, 2009). The state and local agencies responsible for enforcement of the anti-discrimination laws are the Fair Employment...
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...Legal Process Paper University of Phoenix Shannon Stracener MGT/434 10/27/14 Jennifer Schneider Legal Process Paper John is an employee in a private sector organization and wants to file a discrimination complaint against his employer. Although the U. S. Equal Employment Opportunity Commission (EEOC) enforces Federal Laws that protect employees and applicants from employment discrimination in the work place, which includes bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment, only some types of discrimination are currently punishable through the U. S. legal system. Though anyone can file a discrimination complaint with the EEOC, John must show that he has been discriminated against because of his race, religion, national origin, disability, or age in order to receive a right-to-sue letter. Filing a Charge of Discrimination As an employee in the private sector, if John isn’t sure whether or not his employer is covered, he should contact one of the EEOC field offices as soon as possible and they can make that decision. Even if John’s employer is not covered by the laws that the EEOC enforces, his employer may still be covered by a state or local agency that enforces that law. The EEOC can refer John to the appropriate state or local agency that enforces anti-discrimination laws. “Through its administrative enforcement process, the Commission receives, investigates, and resolves charges of employment...
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...Elementary Division Manager| Date:|January 5, 2013| Re:|Constructive Discharge and Title VII of the Civil Rights Act of 1964| || The work change policy enacted on January 1st, 2013 has lead a former employee claiming constructive discharge due to religious accommodation under Title VII of the Civil Rights Act of 1964. The following content will show the legal associated with his case, our defense against his claim and legal judgments that will assist us on our defense. The Title VII of the Civil Rights of 1964 was enacted to ensure all workers regardless of race, color, religion, sex, or national origin would have a fair working environment, and to prevent employers from using the aforementioned criteria as a basis of discrimination or possible discharge. This case involves three separate issues pertaining to the Title VII legal statute: religious discrimination, religious accommodation, and constructive discharge. Religious Discrimination Title VII states employers are prohibited from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. (EEOC, 2013) In this case, the former employee is stating our company used his religious beliefs or practices as a basis to remove him from our work force. This was done (as stated by the employee) by the change his work schedule. By working a rotating 4 day on/4 day off schedule, our company would require him to work on his weekly religious holy day. Although given...
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...Opportunity Commission (EEOC) against Toy Box Industries (TBI) under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee, who quit after the policy change took effect, is alleging that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. In the past, production employees worked Monday through Friday. As a result of company growth, the production schedule was changed at the beginning of the New Year, requiring employees to work 12-hour shifts with four days at work and then days off. The four workdays can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members had no change in their schedule and continue to work from 8:00 a.m. to 5:00 p.m., Monday through Friday. As requested, I have done some initial research into how the company should respond to the employee’s claim. Constructive Discharge Constructive discharge is a legal term that references a situation in which an employee feels “no other choice” but to resign their position due to alleged intolerable working conditions such as workplace harassment or discrimination as defined under Title VII of the Civil Rights Act of 1964. Two Supreme Court cases in 1998 provided some guidance regarding employer liability and defense for Title VII claims, but failed to address the issue of constructive...
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...Legal, Safety, and Regulatory Requirements The legal, safety, and regulatory requirements of the U. S. Equal Employment Opportunity Commission (EEOC), these three things are put in place and enforced by the Federal laws to protect employee rights. With these things in place for the employee does it mean that common sense and compassion in the work place has been replaced by litigation in today’s society? The legal side of the EEOC was put in place to protect employees, to enforce Federal laws prohibiting employment discrimination. Unfair treatment of an employee based on their race, color, religion, age (forty and over), national origin, sex, (including pregnancy), disability or genetic information (EEOC.gov). Also protects the employee from any retaliation by the employer if the employee has complained about job discrimination, or the employee has assisted with an investigation or lawsuit filed by an employee. The EEOC is a legal resource for any employee who feels that they have been discriminated against in any way shape or form, the employee can place a complaint with the EEOC and the complaint will be investigated to see if there is any truth to it or if the employee is just mad because they were released from their place of employment for something other than discrimination. On the safety side of the EEOC it is seems like a simple concept safety. Safety is the first thing all employers should look at and understand that safety is top priority for any job and all employees...
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...Toy Company | To: | CEO | | | CC: | Human Resources Manager | Date: | 7/15/2014 | Re: | Constructive Discharge Claim | The Toy Company’s Attorney and the Human Resources Director is investigating an employee complaint of Constructive Discharge Claim to the Title VII of the Civil Rights Act of 1964. In order to control cost we are doing an initial response on how should the Human Resources and the Company’s Attorney should respond to the employees claim. A. Constructive Discharge How constructive discharge is relevant to this case? An employee filed a claim against the toy company under the Title VII of the Civil Rights Act of 1964 of Constructive Discharge. The employee was not happy about the change in the work schedule, which requires him to work on his religious holiday. The Toy Company existing work shift policy is starting 8:00 am to 5:00 pm, Monday through Friday. However, the new work policy for the beginning of the year would be a 12-hour shift from Monday through Sunday. According to USLegal.com, "Constructive Discharge is when working conditions are as intolerable as to amount to firing, despite the lack of a formal termination notice. (USLEGAL, 2001-2014)” The employee strongly felt that the new work policy would be very unpleasant or the conditions to work on his religious day would be unworkable, so he quit his job. B. Title VII According to the U.S Equal Employment Opportunity Commission, the definition of Title VII of the Civil Rights...
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...Legal, Safety and Regulatory Requirements Paper Kayla Lysak HCS 341 September 2, 2013 Paul Farber Legal, Safety and Regulatory Requirements Paper This paper will be examining the effect of legal, safety, and regulatory requirements on employee-related regulations that have been established by the Department of Labor, Occupational Safety and Health Administration and the Equal Employ Opportunity Commission. It will also be addressing whether common sense and compassion within the workplace has been replaced by litigation and the importance of the Human Resource Department. Legal, Regulatory and Safety requirements greatly affect the human resource department of any organization due to the fact that they ensure all employees are treated equally and fairly. The human resource department has been established within organizations to ensure that all employees have a place to go to discuss problems and any fears they may be having. There have also been other agencies set up to make sure these things are being taken care of. The Equal Employment Opportunity Commission, The Occupational Safety and Health Administration and the Department of Labor have been set up to make sure that no violations of employee’s rights are overlooked. The EEOC (Equal Employment Opportunity Commission) was established on July 2, 1965. The EEOC is the agency that is responsible for enforcing the federal laws that are in place to ensure the illegal discrimination against job applicants and employees...
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...Toy Company | To: | Chief Executive Officer | From: | | CC: | Company Attorney | Date: | 10/18/2014 | Re: | Constructive Discharge and Title VII | Comments: | This memo will explain: A) constructive discharge B) Title VII of the Civil Rights Act of 1964 as it relates to this particular complaint and in general C) recommendations for how the company should respond and also changes to avoid issues with Title VII in the future. | | | A: Constructive Discharge Constructive discharge is legally defined as “forcing an employee to resign by making the work environment so intolerable that a reasonable person would not be able to stay” (Prohibited Employment Policies/Practices, n.d.). Constructive discharge is usually recognized within the framework of the Civil Rights Act of 1964 Title VII as an illegal employment practice and is considered a form of wrongful termination (Prohibited Employment Policies/Practices, n.d.), even though it is the employee resigning from their position, as opposed to termination by the employer. An employee has filed a claim against the Toy Company under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. The employee is using constructive discharge as her complaint in regards to the Toy Company recently changing the production department work schedules. The company implemented a new policy in the production employees’ shift to four days on, four days off shift rotation schedule policy, as...
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