...1 LEGAL CASE STUDY Part 1 Since you personally notified Mr. Con Tenshus that you were pregnant, you have received less favorable treatment at work. This treatment includes; 1 – being continuously pressured to go back to part time work, 2 – being treated differently to other employees and 3 – pay rise being turned down after three month probation. This caused you to your workmates making you feel uncomfortable, extremely stressed and anxiety coming to work. Therefore you do have the grounds for a discrimination case. Since you didn’t want to work part time or especially not resign as you wanted to work until September, you have been pressured to resign. This is known as constructive dismissal which is when your employer, in your case Mr. Tenshus, conduct has caused you to resign. Now you have two possibilities to take this case. These possibilities are as follows; 1 – NSW Anti Discrimination Act 1977. This is under state government and law. An important fact you must understand this Act, you can claim up to $40,000. 2 – Federal Court Sex Discrimination Act 1984. This is the Act I strongly recommend you follow as there are more sections you can particularly follow and relate to. First of all you have done the first step by providing a written recount of what has happened in your situation. Your next steps include; how to lodge a claim. This involves notifying your employer, show what has happened and how you were dismissed (in your case discriminated...
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...Edlyne Metayer 01/23/2012 ADM 464 Strategic Human Resources Management Professor Rose Davilmar Homework Chapter 1 1. Yes … why? Because people will always be a valuable asset to an organization. Especially, if that employee has a lot of experience and has a lot of skills. 2. For one, it would be how the consumers would respond to my company opening an office in China. The language would be an issue, because the staff and myself would need to speak the language unless, we hire a translator on behalf of the company. However, the language would be an issue, we would have to work together as one as a whole to function properly. Another issue would be completion. How would the office cooperate, and how competitors could not compete and beat the office quota. 3. Yes/ No I think technology will help HMR to a certain extent. But technology can be a threat to a job depending on the type of job. But it can be a threat for HRM simply because it can cut off an employee income. 4. The prons of change: Productivity, Workforce Attitudes, Relationships Con of change: Fear Confusion Expense, Bad Choices Sometimes, I don’t like change because, to change from what I have learned and taught for years, and to adjust everything is really hard. What I have discovered about change is that it is good. Simply, `because one gets to explore new things and learn new training and upgraded upgrading and training. 5. Yes, this lady left the organization...
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...Professor Dr. Babb Abstract This paper explores the thoughts and variations with the “Equal Pay Act”. The thoughts and ideas of discrimination against those of different genders and how they relate to the pay scale. Being based on experience and time on the job plays a major part in the role of individuals involved in the working environment. Exploring the ideas and concepts behind this act and how it has transformed over a course of 50 years. Looking at real cases and even scholarly articles from individuals such as Christina Hoff Summers. Keywords: Equal Pay Act, Gender, Male and Female There are many laws that have prohibited individuals from being able to do certain things. One of the main things that we have seen throughout our time is the idea and concept that laws are not always for the people. When it comes to working a job, many people will focus on experience, education and previous job training that an individual has held to determine their pay. However, we have seen other issues that do not even apply to that. The “Equal Pay Act” was created so no one in the working lifestyle would be or could be discriminated against for any reason pertaining to the job and their pay. In a world full of opportunities, no one expects to go into somewhere and not receive the correct pay due discrimination which is illegal and unfair in many aspects of life. The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need...
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...SEX DISCRIMINATION IN EMPLOYMENT Fifth Edition Maryland Commission for Women 311 W. Saratoga St. Ste 272 Baltimore, MD 21201 410-767-3049 The Women’s Law Center, Inc. Copyright: 1982, 1986, 1995, 2001, 2008 The Women’s Law Center, Inc. Sex Discrimination in Employment Fifth Edition Revisions Provided By: Jill Wrigley, Women’s Law Center of Maryland With Editorial Assistance From: L. Tracy Brown, Women’s Law Center of Maryland Laurence Ruth, Women’s Law Center of Maryland Jessica Morgan, Women’s Law Center of Maryland Funding for production and distribution of the fifth edition was provided by Open Society Institute, Baltimore Community Foundation, The Marjorie Cook Family Foundation and Brown, Goldstein & Levy, LLP. Fourth Edition Revisions Provided By: Kevin O’Connor of Ober, Kaler Grimes & Shriver Melvina C. Ford, Women’s Law Center of Maryland With Editorial Assistance From: Denise Davis, Women’s Law Center of Maryland Funding for production and distribution of the fourth edition was provided by the Maryland Legal Assistance Network and Maryland Legal Services Corporation. Third Edition Written By: Rieyn Delony Sally L. Swann Louise Dean Williams With Editorial Assistance From: Robyn Mazur Kathleen Fantom Shemer Funding for production and distribution of the third edition was provided by the Baltimore Bar Foundation and the Marjorie Cook Foundation. Second Edition Written By: Kathleen Fantom Shemer With Editorial Assistance From: Jane Murphy Carol Polowy Emily Rody...
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...was subject to harassment by being spanked by a fellow employee. Third she was subject to verbal harassment by being told to "grow some balls" and also by harassment from male employees putting sings up saying bras optional. Lastly, she was discriminated against by being fired for negligent behavior when there were no repercussions for men acting in similar poor behavior. Since these facts show that Teddy's Supplies' is a culture of hostile working conditions it would be difficult for you, Mr. Moore to show that the company acted prudent to prevent said behavior despite the policies in place and the circumstances. As case law of Teresa Harris v Forklift Systems, Inc. points out a pattern of insulting behavior is a form of sexual discrimination so the fact that a pattern of insulting behavior towards Mrs. Pollard exists does provide evidence that discrimination is present. Given that Mrs. Pollard was the only female in the main warehouse and such an environment was present it is clear Mrs. Pollard was receiving disparate treatment due to the fact she was a female. My best advice on what to offer for settlement would be two times her salary. Offering two times her salary would pay for the time she had to endure the criticism and harassment she suffered while in the workplace. It would also provide her front pay to make her whole for the time it takes to find another similar job while displaced from the current one. I would also ask her to sign a NDA and also agree that she...
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...before then the regulations of employment were under the doctrine of laissez-faire, which means that that employment was subject to common law of contracts and agency law. Once the country became industrialized the state legislation and the federal government became enacted to protect workers’ rights, this also included child labor, unsafe working conditions, long hours and low pay. Before the Title VII there was another Civil Rights Act, it was in 1866 right after the civil war, and it was enacted by the federal government protecting and giving African Americans the same rights as Caucasians due to the end of slavery after the war. Title VII of the Civil Rights Act of 1964 was enacted by Congress to eliminate job discrimination based on race, color, national origin, religion and sex. This last one, sex, is been overwhelmingly high brought up by women, which brought up also the Pregnancy Discrimination Act in 1978. This act forbids discrimination because of pregnancy, childbirth and/or related conditions. In the mid 1990s the Americans with Disabilities Act (ADA) was signed to protect and imposed obligations on several entities to accommodate individual with medical disabilities. The ADEA, which is the Age Discrimination in Employment Act, was enacted in 1967 and it gives equal rights to older people to be considered for employment, payment of...
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...Civil Rights Act of 1964 Michael Cain ELA2603 - Administrative and Personnel Law Professor Zara Sette August 17, 2012 Abstract The Civil Rights Act of 1964 is the nation's benchmark civil rights legislation, and it continues to resonate in America. The basic tenants of this legislation prohibit discrimination on the basis of race, color, religion, sex or national origin and other protected classes as amended. Passage of the Act ended the application of "Jim Crow" laws, which had been upheld by the Supreme Court in the 1896 case Plessy v. Ferguson, in which the Court held that racial segregation purported to be "separate but equal" was constitutional. The Civil Rights Act was eventually expanded by Congress to strengthen enforcement of these fundamental civil rights (United States Senate - Committee of the Judiciary). In the 1960s, Americans who knew only the potential of "equal protection of the laws" expected the nations political leaders and the courts to fulfill the promise and guarantee of the 14th Amendment. In response, all three branches of the federal government, as well as the public at large, debated a fundamental constitutional question: Does the Constitution's prohibition of denying equal protection always ban the use of racial, ethnic, or gender criteria in an attempt to bring social justice and social benefits (National Archives, 2012)? The simple answer is no. The Civil Rights Act of 1964 In 1964 Congress passed Public Law 88-352 (78 Stat. 241). The...
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...Perspective on Discrimination in the Workplace Abstract This paper explores published articles that report on results from research conducted through the internet and non-internet resources on why do we as a society still need Affirmative Action and why isn't Equal Employment Opportunity (EEO) sufficient to prevent workplace discrimination? The articles will take a look at affirmative action in admissions to public colleges, and the workforce, as well as why even with federal, state, and local anti-discrimination laws that protect people against sexual harassment and discrimination on the basis of age, disability, race, sex, marital status, pregnancy, breastfeeding, family responsibilities, sexual preference, medical record, criminal record, trade union activity, political opinion, social origin, religion, and nationality or ethnic origin, workplace discrimination still occurs in today's society. This paper will also look into potential pros and cons of diversity management. Keywords: equal employment opportunity, affirmative action, discrimination, diversity In order to see why we still need Affirmative Action and Equal Employment Opportunity in our society today, I believe we need to look back at why we needed them in the first place. The term "affirmative action" was first introduced by President Kennedy in 1961 as a means to addressing discrimination that had persisted despite civil rights laws and constitutional guarantees (Brunner & Rowen, 2007). It was designed...
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...Case Study: Pomodoro, Inc.: Food and Beverage industry. USA employment related Laws and Regulations which includes Anti- sexual harassment and a comprehensive interpretation of the laws as they apply to Pomodoro, Inc. Introduction: Pomodoro, Inc. will need to become familiarized with the employment laws and regulations that are governed by the United States Department of Labor and the United States Equal Employment Opportunity Commission. This paper will give a summary of each law or regulation. This position paper is going to brief the audience globally on the USA employment laws and regulations but not limited to Sexual harassment, Wage and Salary Legislation, Recruitment, Interviewing, Affirmative Action, Equal Employment and the ADA. This paper will go over the history of a few of the important acts that have been passed over the years to protect employees in the United States. It will also discuss the major protections that these acts provide and who are eligible for that protection. Now that the Pomodoro, Inc. is now a global business environment, the working individual overseas are relying on paid work, to make a living, and for the social and economic wellbeing of the community where they live, and encouraging more and more people, organizations, even nations to concern about the employment relationship. ('UK'). What is Employment Law and why is it important? Employment laws are put into place to protect employees from any mistreatment by their employers...
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...IV Module One Case Assignment MGT 516: Legal Implications in Human Resource Management Dr. Kyle Steadham 18 August, 2014 Introduction For our module ones case assignment we will look at the Gelato Cheese Company. It has 100 employees at its principal processing plant. The plant crew is primarily young with 85% between the ages of 25 and 35. It is located in Heartland Corners U.S.A. which is comprised of 50% white and 25% African American with the remaining 25% Hispanic American, Asian American and others. The company requires a high school diploma for employment on its cleaning crew and the entire crew is white. Statistically, 75% of Heartlands Corners white population has completed high school while 25% of those in minority groups have completed high school. We will look to see if the company is in in compliance with Title VII of the Civil Rights Act (CRA) of 1964 and the Age Discrimination Employment Act (ADEA) and if the company should make any changes to their policies and why those changes are necessary along with recommendations. We will also discuss how Title VII of the CRA of 1964 and the ADEA may or may not apply and how disparate treatment and adverse impact may or may not apply. There is also a reference page at the end of the paper quoting references and a grading rubric. Compliance to CRA 1964 The CRA barred racial discrimination in businesses, voter registration, and in any program that received support from the federal government. It...
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...ideological and philosophical underpinning’. He suggests four aspects that constitute the meaningful version of HRM: 1. a particular constellation of beliefs and assumptions; 2. a strategic thrust informing decisions about people management; 3. the central involvement of line managers; 4. Reliance upon a set of ‘levers’ to shape the employment relationship. In today's litigious workplace environment, being on top of legal issues that directly affect individual employees and organization is critical to the success of the HR profession. In this study, we will critically analyze and evaluate legal issues as it affects the functions of HRM in Nigeria and USA. LEGAL ISSUES AND HUMAN RESOURCES MANAGEMENT IN THE USA In the USA, some laws regulate various aspects of employee-employer relations. These laws, which are relatively stable, facilitate the work of HR managers. Examples are: 1. The Equal Employment Opportunity Act of 1964 forbids discrimination in all areas of employment. The law is to ensure that employment decisions are made on the...
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...The Women VS. Wal-Mart By This case study is submitted in partial fulfillment of the requirements for the completion of MGT412 Touro University International College of Business Administration Module 1 INSTRUCTOR: The Women VS. Wal-Mart Gender or “sex-based” discrimination has been in existence for the past two decades. Many companies, employers, and analysts would argue that gender discrimination claims are exaggerated or taking advantages of the fact that so many pursue claims against companies. Most gender or “sex-based” discrimination claims are based on job promotions that were denied, unprofessional comments that were said to them or even something as simple as poor treatment in the workplace. In the paper I will be covering what legal statute(s) gave the EEOC the jurisdiction to prosecute the case, some new information concerning Wal-Mart since the start of the class-action suit and how private-sector organizations can help protect themselves from future claims of illegal discrimination. Federal laws were passed in the 1960s to help women have equal treatment within the workplace and are enforced by the Equal Employment Opportunity Commission (EEOC). Two specific federal laws that I want to bring up are the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. The EEOC were given jurisdiction to prosecute Dukes vs. Wal-mart case based off of those laws. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981 et seq.,...
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...employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive Order 11246: prohibits every federal contractor and subcontractor from discriminating based on race, color, religion, sex, or national origin. 10. In Heart of Atlanta Motel v. U.S. (1964), did Congress exceed its powers under the Commerce Clause by enacting the provisions of the Civil Rights Act of 1964? No. When adopting the act, it had the power to do so granted by the Commerce Clause of...
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...AMERICAN WORKFORCE DISCRIMINATION 1 Owen Green Jacksonville University April 11th , 2012 AMERICAN WORKFORCE DISCRIMINATION 2 Over the past couple years there has been an increasing concern that the efforts of minorities along with the federal government have not eliminated the threat of possible discrimination in the workforce of America. This essay reveals the difference in categories such as gender, age and race that are responsible for the stereotypes and various work envorinments. These actions that continue today in modern America need to be taken care of and even further action needs to take place in order to eliminate any relevance of such differences. AMERICAN WORKFORCE DISCRIMINATION 3 Table of Contents Introduction………………………………………………………………………………………4 Racial Discrimination……………………………………………………………………………4 Sex Discrimination……………………………………………………………………………….5 Age Discrimination………………………………………………………………………………6 Conclusion………………………………………………………………………………………. 7 Bibliography……………………………………………………………………………………. 8 AMERICAN WORKFORCE DISCRIMINATION 4 Minority groups and women, in particular, in the United States have gone through drastic changes in regarding employment over the past five decades. Mainly due to the Civil Rights Movement and its results difference in others skin color, family background and other stereotypes have become less relevant and more important in the American workforce today. Also, Constitutional ratifications have actually been...
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...The Americans with Disability Act (ADA) John Doe BUSI 526 October 1, 2011 The Americans with Disability Act (ADA) Introduction The Americans with Disabilities Act of 1990 (ADA) prohibits employers with 15 employees or more from discrimination on the basis of disability. The Act applies to all aspects of employment, including applications, hiring, training, discharge and compensation, among others (Dessler 2011). In 2008 the Act was amended creating the ADA Amendments Act of 2008. The amendment clarified the definition of disability and expanded coverage to impairments that limit routine life activities. Significantly, the amendment holds that adaptive aides and conditions that are in remission or are mitigated by medical therapy have no bearing on disability determination (USAB 2011). This paper will explore the origins of the ADA, its history, some of the controversies that surround it, new thinking about organizational theory and future trends. History of the ADA The ADA can be traced to the work of Frank and Lillian Galbreth, pioneers in organizational psychology and ergonomics. During the early 20th century this husband and wife team evaluated motion studies that were first done by Fredrick Taylor (Morgan 1998). The Galbreths went beyond Taylor’s work of simply examining techniques used by high performers and established training methods based on their findings. They used the cutting edge technology of motion pictures to examine how the human...
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