...such as the Equal Opportunity Commission (EEOC). This commission established on July 2, 1965, and is listed under the Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA),[7] the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the ADA Amendments Act of 2008.The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered by these laws. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and...
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...Employment-at-Will Doctrine Zaccheus Williams James P. Laurie III LEG 500 - Law, Ethics, and Corporate Governance Employment-at-Will simply means that the employer and employee have a working arrangement where either party can terminate at any time, with or without cause and with or without notice and regardless of the manner in which wages are paid. On the surface this seems to be the way most employer or employee relationships should be. Precisely as may the employee cease labor at him or her pleasure, and, whatever be the reason, good, bad, or indifferent, leave no one a legal right to complain; so, upon the other hand, mat the employee discharge, and whatever be his reason, good, bad, or indifferent, no one has suffered a legal wrong. (Standler, 2011) The termination of an employee based upon requiring the employee to violate a state or federal Law, a state or federal Constitution, or professional regulations or codes of ethics is not allowed.(Abbyrose86, 2011). Thus creating a situation, where the employee is at the mercy of the employer for their livelihood and thus their ability to survive. This in turn creates an atmosphere of fear on behalf of the employee and thus he or she is more likely to condone whatever the employer dictates, even if it is against the individuals own ethics and beliefs. Often times the employee must put on a false persona while at work, in order to ensure they fit in so as not to place their job in jeopardy. It often is not enough that...
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...Chapter 6 Overview and Formation of Contracts McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. Written versus Oral Contracts n While the word “contract” is often used to describe a written document, many contracts are not in writing and yet are enforceable. 6-2 Bilateral Contracts versus Unilateral Contracts n A bilateral contract involves two promises and two performances. A unilateral contract involves one promise, followed by one performance, which then triggers a second performance. n 6-3 Express Contracts versus Implied Contracts versus Quasi-Contracts n An express contract is created when the parties have expressly agreed on the terms. An implied contract is one in which the agreement is reached by the parties actions. The law permits quasi-contracts to be enforceable where one party suffers losses as a result of another party’s unjust enrichment. n n 6-4 Valid versus Void Contracts n When a contract has the necessary elements, it is said to be a valid contract. Void contracts are agreements that have not been formed in conformance with the law from the outset of the agreement and, thus, cannot be enforced by either party. n 6-5 Voidable versus Unenforceable Contracts n An unenforceable contract is one that meets the elements required by law for an otherwise binding agreement, but is subject to a legal defense. Example-the statutory requirement...
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... * Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison, J. (2008). The Federalist Papers...
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...Responsibility - Lecture | | Print This Page | Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business. All topics covered in this course, from product liability to civil rights, from intellectual property rights to antitrust and consumer protection, will all make the same point. My goal is not to instruct a basic business law course but rather to create a dialogue involving questions and issues that each of our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.) | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies include as a first question the following:...
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...national government in making decisions on some government matters. Since the American federalism began 200 years ago, it has endured remarkable changes. Today, all governments -- federal, state and local -- play a greater role in the lives of their citizens, expectations about what kind of services and rights people want from government have changed, and relations among the federal, state and local governments have become infinitely more complex (Meyer, 2007). The 1st change that has evolved is Civil Rights. According, to the Supreme Court, 1993-1996 overview past debates and on how to remedy past crimination and equalize opportunities for African Americans, Hispanics and other minority groups. In a number of closely divided rulings, the Court limited efforts to create majority-minority congressional districts to help elect more blacks and Hispanics to Congress. It also adopted a stricter test against the use of racial preferences in awarding government contracts. In addition, the Court sent lower federal court judges a strong signal to move more quickly to get out of school desegregation cases and restore schools to local control. The dispute over racial redistricting stemmed from efforts by civil rights groups, minority lawmakers and the federal government after the 1990 census to use the federal Voting Rights Act to force states to create more congressional districts with majority African American or Hispanic populations. These so called majority-minority districts helped...
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...been afforded to minority groups without a fight. One of these issues, the right for homosexual couples to marry. Is, and has been, a hot button topic that, for over a decade has caused political, religious, and personal turmoil in the mainstream fabric of American culture. The goal of this paper, through research and facts, is to show the ugly discriminatory, and unconstitutional, factors that have gone into blocking homosexual couples the right to a loving marriage. Congress shall make no law respecting an establishment of religion. The First Amendment of the Constitution of the United States. However, it seems congress has made a law respecting an established religion, and that law is affecting the rights of millions of American Citizens. The law in question is the Federal Defense of Marriage Act (DOMA). DOMA is unconstitutional as the law has clearly been written with respect to the belief systems of an established religion. As Americans it is our responsibility to make sure that this law is changed to meet the confines of the United States Constitution, and to bring equality to all. The Defense of marriage act of 1996 (DOMA). DOMA is one of the key points of contention in the debate on Gay Marriage. So what exactly is DOMA? Well in simple terms, The Defense of Marriage bill was passed in 1996 while Bill Clinton was still the President of the United States. The bill defines marriage as between one man and one woman only. The bill also allows individual states the rights to...
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...The Role and Functions of Law Since the beginning of recorded history, laws have played a significant role in the way society has chosen to govern itself. From Jewish and Roman law in biblical days to the constitution-bound laws of modern democracies, law has established rights and responsibilities for individual citizens and businesses that reflect the accepted ethics of society. Law is a “body of rules of actions or conducts prescribed by a controlling authority and having legal binding force” (Melvin, 2011). It serves to unite a diverse population of people under a common set of rules that regulate behavior and protect individuals and businesses from others who violate those rules. Laws also articulate the consequences of violating those rules, creating incentive for people to obey them even when they do not necessarily agree with them. American businesses and individuals are regulated through constitutional, statutory, common, and administrative law. This paper will give an overview of the functions of each as well as well as examples of the role of law in past personal employment experience. The United States Constitution, consisting of a preamble, seven articles, and 27 amendments, is the undisputed backbone of the American legal system. It specifies the structure and powers of the Federal Government, and provides individuals and businesses protection from harmful actions. Constitutional law specifies specific powers for the legislative, executive, and judicial branches...
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...The law Overview of Australian contract law Formation A contract is a promise or a set of promises that is legally binding. In this context a promise is an undertaking by one person to do something or refrain from doing something if another person does something or refrains from doing something or makes a promise in return. A promise or set of promises will be legally binding if certain criteria are met. In Australia this requires that there be an agreement (comprising an offer and acceptance), consideration, intention to create legal relations, compliance with any legal formalities and that the parties have the legal capacity to contract. Agreement Consideration Intention Capacity Formalities Scope and Content A contract is generally only enforceable by and against parties to the contract. This section considers the issue of privity of contract. This section also considers the content of a contract; once formed, how do you determine what the terms of the contract are? How should the various terms by classified and how should they be interpreted in cases of ambiguity? Exclusion clauses are given special attention here. Privity of contract Terms Construction Classification Exclusion clauses Avoidance / Vitiating Factors A contract validly formed may nevertheless be avoided as a result of a number of possible 'vitiating factors'. Most of these involve some form of unfair or unconscionable dealing by one of the parties. Misleading...
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...Business Ethics and International Responsibility - Lecture Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business. All topics covered in this course, from product liability to civil rights, from intellectual property rights to antitrust and consumer protection, will all make the same point. My goal is not to instruct a basic business law course but rather to create a dialogue involving questions and issues that each of our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.) | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies include as a first question the following:...
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...themselves with relevant employment laws that affect their employees and their organizations. Often social sector organizations begin with like-minded persons informally coming together for the purpose of addressing a challenging social problem. However, regardless of the ties that bind those who work together on a social mission, the social sector organization must comply with applicable employment laws and implement relevant policies and procedures. The following provides an overview of federal and Virginia employment laws that could apply to social sector organizations and their employees located in Virginia. This overview does not provide a complete and comprehensive analysis of all potentially applicable employment laws in Virginia and the United States and it should not be acted upon without specific legal advice based on particular a situation. At Will Employment The conventional relationship between an employer and an employee hired for an indefinite period of time is called “employment at will.” Under this arrangement and setting aside the potential applicability of a number of special laws, either the employer or the employee may terminate the employment relationship at any time, with or without cause, and with or without advance notice. In the absence of a written contract or other evidence indicating that an employee may be terminated only “for cause,” employment is generally presumed to be at will. Virginia common law has established the employment at...
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...CHAPTER 1 “LEGAL FOUNDATIONS” Administrative law is the body of law that governs the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Constitutional law – a body of law dealing with the distribution and exercise of government power. Criminal Law versus Civil Law – Civil * between you and another citizen (no government involved); * disagreements between citizens were no crime has been committed (only e.g. injury); * designed to compensate parties (including businesses) for losses as a result of another conduct ; * e.g. speeding and parking violations; * don’t result in loss of freedom, though they can result in loss of privileges or fines. Criminal * between you and the government/law; * are a protection of society; * Congress and House of Representatives are involved; * When the individuals break the laws/are against the government; * actions that have been declared illegal; * they are prosecuted by the state (city, state or country); * normally punished with...
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...Actuarial Accounting: A Cautionary Report Dan R. Young, Esq. Attorney at Law Law Offices of Dan R. Young Seattle, Washington danryoung@netzero.net Presented the Spring Meeting of the CAS New Orleans, Louisiana May 6, 2009 The Story of the AIG Accounting Scandal The Companies The Participants Regulatory Scrutiny Intensifies The Prosecution Case The Defense Case Relevant Laws and Regulations The Fate of the Participants The Companies AIG Overview (2007) World’s largest insurance and financial services company 93,000 employees Business in 130 countries Led by Maurice (“Hank”) Greenburg Shareholder’s equity 2007: $95.8 billion Net Income 2007: $6.2 billion Premium written 2007: $59.8 billion GenRe Overview One of World’s largest reinsurers Established 1921 Headquartered in Connecticut Owned by Warren Buffet’s Berkshire Hathaway Led by Ronald Ferguson, FCAS, until he retired in 2002 Premium written 2007: $6.0 billion The Participants Hank Greenburg, CEO of AIG Born 1925 Admitted to NY Bar in 1953 Joined AIG in 1962 Named CEO in 1968 Led AIG for 38 years Stepped down March 21, 2005 Ron Ferguson, CEO of Gen Re Born 1942 Fellow of CAS Co-developer of B-F method Joined Gen Re in 1966 Named CEO in 1987 1998 Berkshire Hathaway acquired Gen Re Retired 2002 Others Christopher Garand, FCAS Senior VP and Chief Underwriter of GenRe’s Finite Reinsurance in US from...
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...Actuarial Accounting: A Cautionary Report Dan R. Young, Esq. Attorney at Law Law Offices of Dan R. Young Seattle, Washington danryoung@netzero.net Presented the Spring Meeting of the CAS New Orleans, Louisiana May 6, 2009 The Story of the AIG Accounting Scandal The Companies The Participants Regulatory Scrutiny Intensifies The Prosecution Case The Defense Case Relevant Laws and Regulations The Fate of the Participants The Companies AIG Overview (2007) World’s largest insurance and financial services company 93,000 employees Business in 130 countries Led by Maurice (“Hank”) Greenburg Shareholder’s equity 2007: $95.8 billion Net Income 2007: $6.2 billion Premium written 2007: $59.8 billion GenRe Overview One of World’s largest reinsurers Established 1921 Headquartered in Connecticut Owned by Warren Buffet’s Berkshire Hathaway Led by Ronald Ferguson, FCAS, until he retired in 2002 Premium written 2007: $6.0 billion The Participants Hank Greenburg, CEO of AIG Born 1925 Admitted to NY Bar in 1953 Joined AIG in 1962 Named CEO in 1968 Led AIG for 38 years Stepped down March 21, 2005 Ron Ferguson, CEO of Gen Re Born 1942 Fellow of CAS Co-developer of B-F method Joined Gen Re in 1966 Named CEO in 1987 1998 Berkshire Hathaway acquired Gen Re Retired 2002 Others Christopher Garand, FCAS Senior VP and Chief Underwriter of GenRe’s Finite Reinsurance in US from 1994 to 2005 Elizabeth Monrad, CPA CFO...
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...Arbitration International Law Claire Hunkin One of the first questions that you need to determine, after reaching the conclusion that your dispute is subject to arbitration, is what law will control the procedural elements of the arbitration. Which direction the determination takes is largely dependent on how carefully the contract was drafted. The world that we are living in is nothing compared to what it was 20 years ago. With all the new technologies and innovations mankind is discovering our world is never and will never stay the same. The same mind set applies to law, rather its statewide, nationwide or internationally. Arbitration can be used in just about anything, for example, a lawyer use it for their client agreement, employers use it in contracts with employees, land lords use arbitration for tenant-landlord agreements and companies obtain arbitration clause when they’re planning on expanding or merging with a different company. Unlike a judicial process, arbitration is conducted outside the court system by impartial arbitrators who are selected by the parties based on criteria that best fits the nature of the contract. There are advantages of having arbitration over litigation. Some of the few advantages are impartiality of decision makers, confidentiality, and expense. In arbitration, the disputing parties have the option to choose its panel members as opposed to litigation. Arbitration proceedings and awards are normally made private, where litigation proceedings...
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