...Ricci v. DeStefano Jennifer Drab Baker College Abstract Ricci v. DeStefano is case based on reverse discrimination. The New Haven firefighters that brought this suit against the city did so on the belief that the city in its efforts to avoid litigation violated Title VII of the Civil Rights Act. Reverse discrimination is a term that is used widely; however, it is very difficult to move forward with this claim in a court of law. The New Haven firefighters that brought the suit had their case heard before the Supreme Court of the United States. This was not a case that the justices took lightly; they asked many difficult questions, which looked at many different aspects of Title VII. The answer from the high court is that rejecting the test scores in fear of Title VII litigation is not grounds enough to disqualify candidates that qualified for promotion. In the end, the high court upheld the firefighters claim that the city’s rejection of the exam scores violated the rights of those that qualified based on the exam. Introduction Ricci v. DeStefano, is case of reverse discrimination within the fire department of New Haven, Connecticut. This case is an illustration that affirmative action does not always result in fairness. New Haven city officials created a very comprehensive written examination for testing those fire fighters that were looking to be promoted to captain and lieutenant (Epstein, 2009). Unfortunately, the examination showed that there was disparity...
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...Chapter 2: Equal Opportunity and the Law Multiple Choice 1. The _____ Amendment to the U.S. Constitution states, “no person shall be deprived of life, liberty, or property, without due process of the law.” a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (b; moderate; p. 30) 2. The _____ Amendment outlawed slavery, and courts have held that it bars racial discrimination. a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (d; moderate; p. 30) 3. In what year was the 13th Amendment to the U.S. Constitution ratified? a. 1776 b. 1791 c. 1808 d. 1865 e. 1868 (d; difficult; p. 30) 4. The _____ Amendment makes it illegal for any state to “make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.” a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (e; moderate; p. 30) 5. Which amendment is generally viewed as barring discrimination based on sex, national origin, or race? a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (e; moderate; p. 30) 6. The _____ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. a. Fifth Amendment b. Civil Rights Act of 1866 c. Title VII of the 1964 Civil...
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...Trident University International XXXXXXXXXX Management 516 Module1 Case Study: Gelato EEO and HRM 2013 Professor: INTRODUCTION Companies operating in the United States need to be in compliant with Equal Employment Opportunity Commission (EEOC) regulations. There are many laws that are governed by EEOC regulations but in this paper, I will review Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). I will apply these two laws to the Gelato company hiring practice operating out of Heartland Corners, U.S.A. With the data I have, I will evaluate if Gelato is in compliant with the Title VII of the Civil Rights Act of 1964 for hiring black and other minority groups in the local area. I will also explore their practices of hiring younger employees to determine if they are violation of the ADEA. Lastly, I will make recommendations for compliance with the Title VII of the Civil Rights Act of 1964 and ADEA if any or needed. THE ISSUE WITH GELATO Gelato is a larger cheese maker that distributes throughout the United States. Gelato is located in Heartland Corners, U.S.A. and employs approximately 200 hundred workers. Currently their employees’ racial make-up is 85 percent white and 15 percent other races. The population of Heartland Corners is 50 percent white and 25 percent African American with the other 25 percent mixed with Hispanic, Asians and other races. The question here is whether or not Gelato is...
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...to fail a profile assessment is to lie on it. There is a tremendous amount of value that can be learned about you from these tools. Chances are your assessor wants to use profile assessments to see how you would fit with different team members, whether you’d be happy doing the type of work required, or how they may work best with you. You can only fail an assessment designed to pick up on your behavior styles if you tell it you behave in ways you don’t typically behave. 2. Would you use this or another profile to hire/promote within your organization? If so, why and how? If not, why not? Profile assessments were developed during World War II, when there was a desperate need to find people capable of certain types of leadership. Companies then began adopting this process for recruitment. Their popularity increased, and now there's global interest in their use. They're a series of tests, activities, and simulation exercises that organizations use to select the right person for the right role. Usually, several assessors monitor your performance throughout the course of the assessment, which can last anything from a few hours to several days. That being said I would use profile assessments to hire/promote within my...
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...Workplace and Employment Discrimination Issues in respect to Indigenous Australians Social indicators measuring wellbeing have shown that, as a group, indigenous Australians are the most vulnerable group of people who have the lowest economic status. The high unemployment rate is one of the main contributing factors to indigenous Australian’s poverty. In 1996, Australian indigenous unemployment rate was nearly 23 per cent in contrast to the non-indigenous rate of 9 per cent. Indigenous Australians suffer discrimination and face prejudices that are often perpetuated within Societies especially in the area of employment. In 1965 Australia signed the International Convention on the Elimination of all Forms of Racial Discrimination (CERD). In order to fulfill the requirements of the Convention the federal Parliament passed the Racial Discrimination Act 1975 (Cth) (RDA) and the States have passed the RDA’s equivalent Acts to protect all culture groups and races from discrimination. However, in Queensland the RDA and Anti- Discrimination Act can not adequately protect the interest of indigenous people. In order to achieve true equality among all human races, special measures are needed to protect indigenous people from unfair discrimination. 184 words Part one: Anti- Discrimination Act of Queensland 1.1 Indirect discrimination Section 11 of the Act states indirect discrimination happens if a person imposes or proposes to impose, a term- a) With which an attribute...
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...DIVERSITY SEMESTER: SUMMER, 2015 INSTRUCTOR: MOLLIE ANDRAE Q 1. Which dimensions of business case for diversity are the most persuasive? Why? No matter which definition you put on work diversity, most organization if not all are acknowledging the importance of making diversity a business consideration. “Our work place is changing and diversity is no longer the exception, it is the norm now. It is good for business and when we achieve unity in diversity, everyone wins”. (Lativin, D.). Changes in the workplace are the result of various shifts in U.S. demographics. Among these are the country’s racial and ethnic makeup. People of color have reached over 100 million, according the U.S. Census Bureau. The dimensions of business case for diversity may vary from organization to organization depending on their priorities but the case for business diversity is somewhat the same across the board. The demographic shift creating a new customer base and workforce is not the only reason to implement diversity initiatives within a company’s business strategy. Increased globalization, improved financial results and employee retention are all part of a growing business case for diversity. To me, one of the most persuasive case for diversity is winning the competition for talent. The United States is the most diverse country in the world and no wonder is so economically successful and world super power as compared to other developed nations. I believe this same principle applies to business...
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...experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience as a retail buyer in the private sector and has been with the company for six months? Brief Answer: A court is likely to rule that Mrs. Pitman has been discriminated against under Title VII. Mrs. Pitman is able to prove each of the four elements of the test set out in Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (1981). This test known as the McDonnell Douglass test is met when Mrs. Pitman shows that: (1) she belongs to a protected class; (2) she applied and was qualified for the job; (3) despite her being qualified she was rejected; (4) after the rejection the position remained open and employer continued to seek applicannot s. Mrs. Pitman is also able to provide statistical evidence of discrimination and evidence of discriminatory attitudes. Facts: Our client, Jenna Pitman, is seeking to file suit against J. Montgomery for a claim of racial discrimination under Title VII. The allegation stems from a denial of Mrs. Pitman's application for a promotion by J. Montgomery. The Application was submitted in response to a job announcement the company released on February 19, 2000 which read: "J. Montgomery seeks an energetic self-starter to fill the role of Senior Control Buyer in the Marketing Division located within...
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...Question 1 0 / 3 pts <p>How has technology changed HRM practices?</p> How has technology changed HRM practices? You Answered The HR function is simpler. Recruiting using the web generates smaller, more focused applicant pools. Correct Answer Employee training is often delivered on demand rather than through scheduled courses. Electronic resumes take more time to evaluate than paper resumes. Employees are happy to be under surveillance by their employers. See page 7 Question 2 0 / 3 pts <p>Employee relations are part of which primary HRM activity?</p> Employee relations are part of which primary HRM activity? Global assessment Motivation Staffing You Answered Training and development Correct Answer Maintenance See page 34 Question 3 0 / 3 pts <p>A recent survey found that women in _________ are world leaders with 45 percent holding senior management positions.</p> A recent survey found that women in _________ are world leaders with 45 percent holding senior management positions. United States Correct Answer Thailand You Answered Canada Brazil Hong Kong See page 14 Question 4 0 / 3 pts <p>To assist the organization in its strategic direction, which of the following must HRM NOT do?</p> To assist the organization in its strategic direction, which of the following must HRM NOT do? Correct Answer Only react to the decisions made by top managers ...
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...1. What are at least two ethical issues associated with psychological testing? A: One ethical issue is the use of informed consent. An essential component of psychological testing is obtaining voluntary consent to the assessment. The client must be informed about the purpose, expected duration, and any procedures used in the testing, and ascertain the client understands every aspect of giving consent (American Psychological Association, 2010). If the client is a child, or an individual of limited capacity, the parent or legal guardian must give consent for the client. The idea of informed consent is a continuing agreement, and clients may withdraw their consent at any time during the testing (Hogan, 2007). According to the American Medical Association (2011), informed consent is a process of communication between a patient and a health care professional that results in the patient's authorization or agreement to undergo testing. Furthermore, patients or clients have a right to full disclosure of test results, which must be accommodated in language reasonably understandable to them. Second, maintaining confidentiality is another significant issue associated with psychological testing, and the psychologist is bound by ethical codes to refrain from referring to a patient's results outside of the appropriate context (Hogan, 2007). Furthermore, regarding confidentiality in record keeping, psychologists must maintain records efficiently, securely, and effectively so results are not...
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...Berkeley Journal of Gender, Law & Justice Volume 7 | Issue 1 Article 2 September 2013 The Legal Implications of Gender Bias in Standardized Testing Katherine Connor Ellen J. Vargyas Follow this and additional works at: http://scholarship.law.berkeley.edu/bglj Recommended Citation Katherine Connor and Ellen J. Vargyas, The Legal Implications of Gender Bias in Standardized Testing, 7 Berkeley Women's L.J. 13 (1992). Available at: http://scholarship.law.berkeley.edu/bglj/vol7/iss1/2 Link to publisher version (DOI) http://dx.doi.org/ This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of Gender, Law & Justice by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. The Legal Implications of Gender Bias in Standardized Testing Katherine Connort Ellen J. Vargyast TABLE OF CONTENTS I. II. INTRODUCTION ....................................... THE FACTUAL CONTEXT ............................. A. The Scope of the Problem ............................ 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. B. Causes of Gender Differences in Test Scores ........... 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. C. Validity of the Tests .......................
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...Running head: EMPLOYEE TESTING LAWS EMPLOYEE TESTING LAWS & PUBLICLY TRADED COMPANIES: ARE THEY ENSURING TRANSPARENT ACCOUNTABILITY OF AN EXECUTIVE LEADER’S MENTAL & BEHAVIORAL COMPETENCY? EMPLOYEE TESTING LAWS 2 Abstract This paper serves two roles. Firstly, the work attempts to synthesize the efforts of fellow classmates as presented in our mutual discovery and examination of Equal Employment Opportunity law during a traditional graduate level “long semester”. This synthesis piece will primarily consider the focus areas that surround employee testing (drug testing, as well as pen and paper evaluations). Secondly, this paper presents application dilemmas for the practitioner with regard to the language of the current legislation. The paper argues that the current collection of employee testing legislation, while offering necessary civil protections, would benefit from targeted amendments. These amendments would include language that would exempt specific employees of certain protections that are currently offered to all employees under existing EEO law. The paper argues that existing laws do not ensure the sound mental capacity and well being of leaders charged with protecting the collective interests of many stakeholders. These “specific employees” would primarily include executive leadership roles within publicly traded companies or those employees that currently fall under any “SOX/Dodd-Frank” compliance regulations. The “certain protections” that this...
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...advancement. Proponents point to small numbers of these minorities in certain desirable jobs (i.e. CEOs of corporations and high elected office) as evidence of underrepresentation of minorities and a need for diversity both in the workplace and in higher education. There are a number of different levels of affirmative action, including quotas, preferences, and outreach, in lessening order of severity. Quotas, also called “set asides”, deal with having a definite amount of jobs or college spots reserved for a particular group. For example, if a university admits 1000 students every year and sets aside 150 seats that are open to blacks only, this is considered a quota. A perfect illustration of a quota would be the 1977 Supreme Court case Bakke v Regents of the University of California, in which the court ruled that these quotas could not be used by the system but that race could be considered a plus in admissions to the medical school. This brings us to preferences. Preferences are when persons from certain groups (usually groups that have been underrepresented or disadvantaged) are given a ‘boost' in admissions. An example of...
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...employee and management development, and employee support programs.[2] The impetus towards affirmative action is to redress the disadvantages[3][4][5][6][7] associated with overt historical discrimination.[8] Further impetus is a desire to ensure public institutions, such as universities, hospitals and police forces, are more representative of the populations they serve.[9] Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the court's decision in Grutter v. Bollinger.[10] Affirmative action in the United States began as a tool to address the persisting inequalities for African Americans in the 1960s. This specific term was first used to describe US government policy in 1961. Directed to all government contracting agencies, President John F. Kennedy's Executive Order 10925 mandated "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[11] Four years later, President Lyndon B. Johnson elaborated on the importance of affirmative action to achieving true...
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...European University 2013-2014 Human Resources Management Class Summary Gauthier Steiner European University 2013-2014 Human Resources Management Class Summary Gauthier Steiner Contents What is Human Resource Management? 3 Who Performs the Human Resource Functions? 4 Key Challenges for HR Managers 5 HRM and Strategy 6 Organizational Performance and the Human Resource Manager 7 Communicating Human Resource Programs 8 Equal Employment Opportunity & Diversity 9 Equal Employment Opportunity Laws 9 Landmark Court Cases 11 Compliance Agencies 12 EEO Implementation 12 Key terms of the chapter 13 Job Analysis and Job Design 15 Basic Terminology 15 Job Analysis 17 Job analysis method 19 Disadvantages of job analysis 21 Job Design 21 Advantages of job specialization 21 Job design consideration 22 Human Resources Management: Chapter 1: Strategy What is Human Resource Management? Human resource management (HRM, or simply HR) is the management process of an organization's workforce, or human resources. It is responsible for the attraction, selection, training, assessment, and rewarding of employees, while also overseeing organizational leadership and culture and ensuring compliance with employment and labor laws. Nearing the 21st century, advances in transportation and communications greatly facilitated workforce mobility and collaboration. Corporations began viewing employees as assets rather than as cogs in a machine...
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...1. Employment law is rooted in which of the following: contract law & agency law 2. In Lemmerman v. A.T. Williams Oil Co. (1986), eight-year-old Shane Tucker was found to be an employee of the oil company where he slipped and hurt his hand because the manager had the authority to hire and fire employees for the defendant and the jobs Shane did were in the course of the defendant's business and he was engaged in doing them when he fell. 3. When can an 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...
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