...Case Analysis 3 BA370 Employment Law Robert Harvey Lanier v. City of Woodburn In the case of Lanier v. City of Woodburn it is discussed if passing a preemployment drug test is required for the conditional of job offer as being constitutional. This case also discusses that a government employer is unable to demonstrate that it had a special need to drug-test a job candidate. Also whether or not drug testing should be used a determining factor in the hiring decision of a potential employee within the organization. Another important aspect to look at in the discussion of drug testing is whether or not if the job candidate can refuse drug testing without facing adverse employment consequences. There are many types of employment tests that many employers base their hiring and promotion decisions on. Employment tests are also used by employers within an organization to screen for fitness of the individual and whether or not they would be able to complete the job that would be required of them. Some of the these tests that completed by employers are designed to identify disqualifying characteristics such as illegal drug use, lack of truthfulness, intelligence, psychological, skill, and physical in order to complete any or all of the jobs that may be required of the employees in order to work for a particular organization. Not only is dug testing looked at in this case but also whether or not the Fourth Amendment is violated on the basis of unreasonable search and seizure that...
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...To: Employment Law Students From: Dan Ginsberg Subject: Reading Cases Date: April 14, 2015 Background: The authors of the textbook (Bennett-Alexander and Hartman) include legal cases to provide some real life situations to help in understanding the legal principles explained in the text. Here are some things to keep in mind when you read and study these cases: 1. Laws are created by the legislature (also known as statutory laws). The cases you will be reading are summaries of judicial opinions made by appeals courts either by a state judge or by a Federal judge. Once a decision is rendered by a judge, it becomes a part of the “common law”, and can be followed, modified, or rejected by another judge, who thus creates an update to the common law. 2. The cases you read are snapshots in time, based on the facts of each case. While general principles can and should be understood, it is not always clear what the value of the case is to the understanding of the law. Sometimes, the conclusions reached by the judge, don’t make a lot of sense…. But, don’t get hung up over that, since you need many case studies to understand what the real law is. And, even if you understand the law, a new and more important decision can be rendered, which throws out the old common law, and replaces it with new common law. Or, in some cases, the legislature will pass a new law that renders the latest court decision meaningless, and the checks and balances of government are demonstrated...
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...Equal Equal Employment Employment Opportunity Act of 1972 Opportunity Act of 1972 The Equal Employment Opportunity Act 1972 Introduction I. History a. Presidents i. Franklin D. Roosevelt ii. Harry S. Truman iii. John F. Kennedy b. The act prohibits II. Why the law was created c. Fair treatment III. Who the law benefits d. e. IV. Who the law affects f. g. V. Improvement h. Women i. People with disabilities j. lack of accountability k. negative attitudes VI. Case Studies l. McDonnell Douglas Corp vs. Percy Green m. Four factors n. Morton v Mancari History of the Law There were several different titles passed by different Presidents leading up to the Employment act of 1972. They are as followed in order: * In June 1941, the day before World War II, President Franklin D. Roosevelt signed Executive Order 8802 prohibiting government contractors from engaging in employment discrimination based on race, color, or national origin. * In July 1948, President Harry S. Truman orders the desegregation of the Armed Forces by Executive Order 9981. * In March 1961, President John F. Kennedy signs Executive Order 10925 prohibiting federal government contractors from discriminating because of race and establishing the President's Committee on Equal Employment Opportunity. * In June 1963, Congress...
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...Q1 – Understand the purpose of employment regulation and the way it is enforced in practice. Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3) 1.1 – Explain the aims and objectives of employment regulation Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The ordinance was written in response to the outbreak of the plague in England. However, it wasn’t until the early 19th century that we begin to see the first significant change in employment law, the speed of change and innovation gave ever increasing legal protection to workers. Laws are critical in every society and country, they are created to ensure fairness and justice. In the instance of employment law they aim to protect both employers and employees, promoting ethical standards and protecting human rights. This of course can be said for the purpose of all legislation. There are four main sources of English Law, they are Statute (acts of parliament), Regulations (statutory), Common Law and Codes of Practice (e.g Acas). Statute law is led by government and is made...
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...ISBN 978-92-64-04632-0 OECD Employment Outlook © OECD 2008 Chapter 3 The Price of Prejudice: Labour Market Discrimination on the Grounds of Gender and Ethnicity Despite some progress, there is still evidence of discrimination on the grounds of gender and ethnic or racial origins in OECD labour markets. Field experiments show pervasive ethnic discrimination in many countries. Indirect evidence shows that on average at least 8% of the gender employment gap and a larger proportion of the gender wage gap can be attributed to discrimination. Virtually all OECD countries have enacted anti-discrimination laws in recent decades, and evaluations as well as cross-country analysis suggest that, if well-designed, these laws can be effective in reducing disparities in labour market outcomes. However, enforcement of antidiscrimination legislation is essentially based on victims’ willingness to claim their rights. Thus, public awareness of legal rules and their expected consequences (notably, victims’ costs and benefits of lodging complaints) is a crucial element of an effective policy strategy to establish a culture of equal treatment. Moreover, legal rules are likely to have more impact if the enforcement is not exclusively dependent on individuals. In this respect, specific agencies may play a key role. 139 3. THE PRICE OF PREJUDICE: LABOUR MARKET DISCRIMINATION ON THE GROUNDS OF GENDER AND ETHNICITY Introduction Employment outcomes are far from being evenly distributed...
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...CONTEMPORY EMPLOYMENT RELATIONS EMPLOYEE-CONTRACTOR CASE Introduction: 148 There are a few different ways in which organisations can employ people. The two most common methods that businesses use are to employ people into the company as an employee or as a contractor. According to the IRS, under common-law rules, ‘anyone who performs services for an employer is an employee if the employer can control what will be done and how.’ On the other hand the IRS defines a contractor as ‘an individual is an independent contractor if the organization has the right to control or direct only the result of the work, not the means and methods of accomplishing the result.’ This case study will use the ‘multi factor test’ to explore and analyse the dilemmas identified in the case study. Precedent cases will be used to arrive at decision as to the employment relationship between Joseph Raphael (“the Plaintiff”) and Vincent Van Gallery (“the Defendant”). Body: 1100 Elements of a contract According to Lord Diplock in United Dominions Trust Ltd v Eagle Aircraft Services Ltd, “a bilateral contract is where each party undertakes to the other party to do or to refrain from doing something, and in the event of his failure to perform his undertaking; the law provides the other party with a remedy”. There are four main elements that create the backbone of a legally binding contract. The first requirement for a valid contract is an agreement, which consists of an 'offer' and an 'acceptance'...
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...----------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case study 3 Catherine and Daniel---------------------------------------------Case study 4a Telephones supplied cannot be modified--------------------4b Telephones supplied can be modified-------------------------Case study 5 Grace and Office Supplies Ltd-------------------------------------Case study 6 Alfred and George------------------------------------------------------Case study 7a Test for a Tortfeasor as an Employee------------------------------7b Test to determine if employee’s act was during employment-Case study 8a Mary and Barnett Hospital-----------------------------------------8b Mary and Joe---------------------------------------------------------8c Mary and Thomas--------------------------------------------------Conclusion---------------------------------------------------------------Reference/Bibliography------------------------------------------------ Pages Executive summary [Type text] Page 2 This report is made of eight sections (case studies)-case study one deals with offer and acceptance, invitation to treat, counter offer as regarding a contract. Case study two is about principles of part payment under consideration, the exceptions for the rule and principle of promissory estopple . Case study three deals on intention...
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...Liberty and the pursuit of Happiness”. Yet, it is still legal in 29 states to be fired for just being gay. In 33 of the 50 states of the United States of America, one can be fired for being transgendered. These states do not have legal protections for members of the Lesbian, Gay, Bisexual and Transgender (LGBT) Community (Solmonese, 2009). So does the “American Dream” only apply to “first class citizens”? This paper explores if the Employee Non Discrimination Act (ENDA) would protect employment decisions, which should be based upon a person's qualifications and job performance, not sexual orientation or gender identity (Solmonese, 2009). For over 50 years when there has been a case of an American being denied employment or promotions for reasons that were unrelated to their skills in the workplace, Congress responded by passing laws which were aimed at designing a system based solely on employee- merit and guaranteeing that subjective considerations do not govern access to employment (Herman, 2009). A specific act that has been brought to legislation, although has not passed, is the Employee Non Discrimination Act. ENDA is modeled after Title VII of the Civil Rights Act of 1964, which forbids employers from discriminating with regard to hiring, termination,...
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...Student: Anonymous Class: LEGAL 500 - LAW ETHICS AND COROPATE GOVERNMENT Date Due: November 2, 2013 EMPLOYMENT -AT- WILL DOCTRINE TABLE OF CONTENTS Employment -At-Will Doctrine……..............................................................................p1 Exceptions to Employment-At-Will………..…………………………………….……p2 Case Scenario Evaluations…………………………………………………….……....p3 Recommendations CEO……………………………………………………………….p5 References /Academic Resources……………………………..………………………p7 EMPLOYMENT -AT-WILL DOCTRINE In this paper, I will summarize the employment-at-will doctrine in the United States. I will evaluate the following situations: • Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: • Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. • What action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision. • Take a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Support the position. • Justify at least three (3) fundamental items that should be included in a whistleblower policy. Provide a rationale for your selection of each of the three (3) recommended items. THE AT-WILL PRESUMPTION Employment relationships are presumed to be “at-will”...
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...| 1. Do discriminatory attitudes to older workers at work affect their retirement intentions? Type: Research paper Author(s): Pierre-Jean Messe Source: International Journal of Manpower Volume: 33 Issue: 4 2012AbstractPurpose – The purpose of this paper is to investigate whether employers’ attitudes towards older workers, especially regarding promotions, really affect their retirement intentions, distinguishing between men and women. Design/methodology/approach – First, the author uses the 1992 wave of the Health and Retirement Study to estimate, through a Fields decomposition, the relative contribution of the feeling of an older worker to be discriminated against regarding promotions; and to explain the self-reported probability to work full time after 62, decomposing by gender. Second, using the two first waves of HRS, the author removes any bias due to time-constant unobserved heterogeneity, to test whether the individual feeling of being passed over for promotion may be misreported, owing to a strong preference for leisure. Finally, the author examines the effect of a change in this variable over time on the intentions to exit early. Findings – The Fields decomposition shows that feeling passed over for promotion plays a non-negligible role to predict retirement plans but only for women. In addition, using panel data allows a misreporting bias to be exhibited that may lead to underestimating of the negative effect of discriminatory practices towards older workers on their...
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...undertaken as part of an educational program) -the education must: - maintain or improve skills required by taxpayer in their employment or other trade or business OR -meet the express requirements of the taxpayers employer, or the requirements of applicable law or regulations, imposed as a condition to the retention by the taxpayer of an established employment relationship, status, or rate of compensation -the education must not be: -education for Minimum education requirements, or -education for qualification for a new trade or business I. Citation: Rev. Rul. 74-78, 1974-1 C.B. 44 II. Facts: The taxpayer, a dentist engaged in general dental practice, returned to dental school for postgraduate study in orthodontics. He attended dental school on a full-time basis continuing his dental practice on a part-time basis. Upon...
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...Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports. • Demonstrate successful, participatory team and peer performance. • Apply sound business processes to solve business problems and incorporate critical thinking skills to a series of integrated projects. • Demonstrate, through role playing and/or cases, ethical problem-solving in course content specific situations. The overall purpose of this course is to provide students with a basic understanding of the areas of law that primarily impact business transactions and organizations. Specifically, the course is designed to enable students to: • Demonstrate an understanding of the operations of the U.S. legal system. • Explain the role of administrative agencies in the regulation of business, e.g. Department of Commerce, Department of Labor, Equal Employment Opportunity Commission...
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...deciding who receives a job, promotion, or other employment benefit. It most often affects minority individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred—that is, the minority received unfairly favorable treatment at the expense of the white individual. Court rulings handed down through the years have determined that a company's responsibility not to discriminate based on race begins even before an individual is hired. Companies can be held liable if pre-employment screening or testing is determined to be discriminatory, if applications ask unacceptable questions designed to screen for race, or if the overall selection process is deemed to be unfair. One of the main indicators that racial discrimination has occurred in the hiring process involves the qualifications of the job applicants. While a slight difference in qualifications between a minority and nonminority candidate do not automatically indicate racial bias (if the lesser qualified nonminority candidate is hired over the minority candidate), a drastic difference in qualifications has almost always been upheld by the courts as a sure sign of racial discrimination. Racial discrimination is a high-profile issue in the business world and is a very real problem that still exists—and in some cases is getting worse. In a 1998 study by the nonprofit group Catalyst called "Women...
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...Race/ Color Based Employment Discrimination Racially based discrimination carries a painful history in America and the aftermath is still very present even though government prohibits discrimination through constitutions, state statutes and acts, which are exemplified in cases largely through the Equal Employment Opportunity Commission. The EEOC is dedicated to enforcing federal laws that make it illegal to practice inequality against applicants or employees. Maslow’s hierarchy of needs outlines the basic needs of an employee and can show how someone could be affected by inequality. Such intolerance can be seen across the country with recently occurring events such as the EEOC v. Yellow Transportation case, the EEOC v. DHL Express case and the current top position hiring conflict in the NFL. To fully understand the issue of discrimination in the U.S. today, we must understand the long-standing history our nation has with intolerance. As unfortunate as it seems, our country was built with this notion of inequality. Slaves were brought over from Africa to work fields for wealthy or soon-to-be wealthy Americans. At the time it seemed like a way of life, though the reality is that it was extremely oppressive and today such an inferior take on differences in cultural background is considered unethical. In 1865 the 13th Amendment was passed abolishing slavery, although the Civil Rights Movement did not occur until the 1950’s lasting through the 1960’s. The Civil Rights Movement officially...
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...Running head: Employment At Will Employment at Will: Relationship between Societal Expectations and the Law BSA535 Business Law January 2014 Abstract This paper analyzes the relationship between the survey conducted by the Department of Labor in New York and Syracuse areas and the existing law. The survey reviews the law regarding the dismissal of at-will employees for exposing or refusing to partake in criminal or immoral endeavors. Results of the survey were to ascertain societal expectations regarding at-will employment and the law’s content regarding the issue. Employment at Will: Relationship between Societal Expectations and the Law The employment-at-will law states that employment may be terminated by an employer, for any reason or at any time. Employers are allowed to dismiss their employees for good reasons, morally wrong reasons, or for no reason without being liable of a legal wrong. Termination from rejecting to take part in practices that are not illegal but which are believed by the employee to be unethical are less apt to be actionable. Both of these situations are addressed in terms of the so-called public policy exception to the employment at will rule. The cause of action, often labeled "wrongful discharge" or "retaliatory discharge," is typically tort-based, although a few states employ contract theory in this context. On the other hand, individuals who report illegal or unethical practices within...
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