...Petty v. Metropolitan Gov’t of Nashville & Davidson County Petty v. Metropolitan Gov’t of Nashville & Davidson County The Uniformed Services Employment and Reemployment Rights Act of 1994 provides employment protection to National Guard and Reserve military personnel. This legislation protects military veterans and reservists' rights with respect to their civilian jobs and benefits, and outlines employee, and employer responsibilities. (Lundin, p. 20). The law also requires employers to refrain from discrimination in hiring, re-employment and benefits because of an employee's military service or connection (Lundin, p. 20). In the case of Petty v. Metropolitan Government the company was accused of violating this legislation. 1. What were the legal issues of this case? The legal issue of this case of Petty v. Metropolitan Gov’t of Nashville & Davidson County is the alleging of racial discrimination under disparate treatment and disparate impact. Another issue in the case is the postponement of re-employing a returning Army reservist, which violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, although the delay was based on the employee’s alleged dishonesty (Walsh, 2010). In Petty v. Metropolitan Gov’t of Nashville & Davidson County, Metro re-hired Petty but did not return him to his previous position of patrol sergeant. Petty was demoted to answering phone calls and occasionally taking police reports (Walsh...
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...Petty v Metropolitan Government of Nashville & Davidson County Kathryn Wilcher Dr. ZELPHIA BROWN HRM510 02/3/13 What were the legal issues in this case? In Petty v. Metropolitan Gov’t of Nashville & Davidson County, the legal issue was about whether the employee had been honest and telling the truth on why he was discharged as an employee. Even though there are rules in place or acts in place when reemploying a returning Army employee, there are certain rules that have to be followed. Because certain rules in regards to postponement were not followed, this violated, the Uniformed Service Employment and Reemployment Rights Act or (USERRA), even though the delay was based on the employee’s alleged dishonesty. Explain how the reemployment provisions of the USERRA were violated in this case. The USERRA is in place to protect the rights of returning veterans when seeking re-employment upon return from service (Judicial Review, 2008). The reemployment provisions of the USERRA were violated in this case because Metro delayed re-hiring Petty by putting him through the return-to-work process. The department was also in violation because he was not given the position to which he was qualified. Explain why the court concludes that Petty has a claim for discrimination under USERRA. The court concludes that Petty has a claim for discrimination under USERRA because he had satisfied the stipulations for reinstatement—his petition for re-employment was timely...
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...Petty v. Metropolitan Gov’t of Nashville & Davidson County Business Employment Law-HRM 510 May 11, 2014 Abstract This paper addresses issues brought before the court in which Brian Petty, former police officer brought suit against the Metropolitan Government of Nashville and Davidson County for violations under the Uniformed Services Employment and Reemployment Rights Act (USERRA). 1. What were the legal issues in this case? The legal issues in Petty v. Metropolitan Gov’t of Nashville & Davidson County are that whether or not Brian Petty, the plaintiff and former police officer in this case, was truthful about the reason why he was discharged from the Army and why Metro delayed his re-employment after he returned from his mobilization with the Army, which were in violation of USERRA. First, Petty contends that Metro failed to restore him to his previous position of a patrol sergeant, which was in violation of the reemployment provisions of USERRA § 4312 and 4313. Second, Petty asserts that Metro discriminated against him because of his service with the Army, which was in violation of the discrimination provision of USERRA § 4311. In the first issue, § 4313 states the following in part: “in the case of a person whose period of service in the uniformed services was for more than 90 days - (A) in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted...
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...Petty v. Metropolitan Gov't of Nashville & Davidson County Strayer University Professor Jama Rand, PhD, SP HRM510 Business Employment Law August 7, 2011 What was the legal issue in this case? In Petty v. Metropolitan Gov’t of Nashville & Davidson County, the legal issue was about whether the employee had been truthful about the reasons for his discharge from service. Another issue in the case was in regards to the postponement in re-employing a returning Army reservist, which violated the Uniformed Services Employment and Reemployment Rights Act (USERRA), although the delay was based on the employee’s alleged dishonesty (Walsh, 2010). The US government has taken numerous steps to ensure that the employers to not discriminate when hiring, promoting or firing employees. According to Title VII of the Civil Rights Act of 1964 (Title VII) employers cannot discriminate based on race, color, religion, sex, or national origin. Metro re-hired Petty but did not return him to his previous position of patrol sergeant or a substantially similar position. Petty was relegated to answering phone calls and occasionally taking police reports (Walsh, 2010). Metro’s Office of Professional Accountability conducted an investigation into whether Petty lied on his return-to-work paperwork by admitting that he faced military charges in Kuwait, but did not disclose that he was accused of giving alcohol to an enlisted soldier and of manufacturing alcohol...
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...Cloutier v. Costco Wholesale Corp. In this case Kimberly Cloutier worked as a cashier for Costco. In March 2001, Costco revised its dress code to prohibit all facial jewelry, aside from earrings. Cloutier was advised to remove facial piercings. Cloutier refused because she is a member of the Church of Body Modification (CBM), which was established in 1999 and has about 1,000 members who participate in such practices as piercing, tattooing, branding, cutting, and body manipulation. Eventually, Cloutier was fired. The district court granted summary judgment on the basis that Costco had offered a reasonable accommodation. But the First Circuit decides to uphold the grant of summary judgment on other grounds. The only accommodation that Cloutier will accept is exemption from the dress code. The First Circuit holds that Costco had no duty to offer a reasonable accommodation because doing so would create an undue hardship. An accommodation constitutes an undue hardship if it would impose more than a de minimis cost on the employer. The undue hardship claimed by Costco is that it has a legitimate interest in presenting a workforce to its customers that is, at least in Costco's eyes, reasonably professional in appearance. Costco has determined that facial piercings, aside from earrings, detract from the "neat, clean and professional image" that it aims to cultivate. Such a business determination is within its discretion. For similar reasons, the Court also upholds the grant of summary...
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...In 1986 members of the environmental activist group, London Greenpeace (unrelated to Greenpeace International), published a leaflet entitled “What’s wrong with McDonald’s: Everything they don’t want you to know”. The publication made critical allegations of global fast-food chain McDonald’s. Distributed to the public by hand and online, the leaflet was received by a global audience.The publication made the following allegations, stating that McDonald’s: • was complicit in Third World starvation; • bought from greedy rulers and elites and practices economic imperialism; • wasted vast quantities of grain and water; • destroyed rainforests with poisons and colonial invasions; • sold unhealthy, addictive fast food; • altered its food with artificial chemistry; • exploited children with its advertising; • was responsible for torture and murder of animals; • poisoned customers with contaminated meat; • exploited its workers and banned unions; • hid its malfeasance (Wolfson, 1999, p. 21). McDonald’s deemed the publication defamatory of their reputation. Defamation is the publication of an untrue statement which reflects a person’s reputation and tends to lower him in the opinion of right-thinking members of society generally (Finch, 2007, p. 168). Initially, the multinational corporation threatened various broadcasters and five active members of London Greenpeace withlegal action if they did not withdraw the allegations. Under s.2 of The Defamation Act 1996 the publisher...
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...A PROJECT REPORT ON E-Payments: Proceeds and Improvements Project Submitted in partial fulfilment of MBA Submitted by: Devashree Nadkarni Batch 2014-2016 Under the guidance of Mrs. Dipika Malpekar Institute of Management Christ University, Bangalore March 2015 Declaration I, Devashree Nadkarni solemnly declare that the project work entitled “E-payments: Proceeds and Improvements”, is my original work, it is neither copied from any earlier submitted work elsewhere or not merely copied, this is specifically prepared as a part of MBA curriculum, to be conducted in Year 2015. Signature of the student: ________________________ Name of the Student: Devashree Nadkarni ACKNOWLEDGEMENT It gives me immense pleasure to present the report of Summer Internship Project which is integral part of MBA program at Institute of Management, Christ University, Bangalore. I consider it an honored privilege to have undergone this Internship in Hindustan Petroleum Corporation Limited. This Training period has enriched me with valuable experience & the practical knowledge of Industry with special emphasis on knowledge building and people management skills. This training period has provided me with the best opportunity to put my theoretical management knowledge to its practical use. During my training I worked with some highly knowledgeable and enthusiastic people, without mentioning their names I could not conclude this report. First, I would like to express my sincere gratitude towards...
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...Abstract Delay is a very harmful matter for civil suits. And its situation in Bangladesh is very dangerous. Time consumed for the final disposal of cases from the date of its institution is too long. 10-15 years in many instances. This delay has been causing serious harassment to the litigant public. It has come to many mind that the present system of administration of justice, a foreign transplant, is unsuited to the genius of our people, its procedures are dilatory and cumbersome, not advancing the cause of substantial and quick justice. The situation is serious indeed and calls for careful consideration of the reasons for this delay. The system of administration of justice as obtaining in Bangladesh, both as regards the hierarchy of courts and the procedures followed by them, is the result of an evolutionary process the present system coming down from hundred years back and the people including the unlettered villagers have become used to its formalities and technicalities. Why then the people are losing confidence in the system is the question of the day. The answer is not far to seek. The procedure delay in disposal of cases, may account for much of the erosion of confidence in the system. But no particular point in Bangladesh. The administration of justice alone can be said to be the source of delay. It starts right from the beginning and endorse of the end. In decree of execution the uncertainty looms unending to the woe and worry of litigants- winners or losers. Through...
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...2 II. Review of literature 5 III. Interpretation of Data 10 IV. Analysis and Suggested Remedies V. Conclusion VI. Bibliography VII. ANNEXURE – Sample Questionnaire 2 Social Transformation in India I. Introduction, scope and methodology 1.1. Introduction “There can be no keener revelation of a society’s soul than the way in which it treats its children.” - Nelson Mandela. The twin concepts of "juvenile delinquency" and "juvenile justice" have gone through a constant process of evolution and refinement. Ever since the 1920s, when as a sequel to the Indian Jail Committee (1919-20) recommendations, comprehensive Children Acts were first enacted in the Provinces of Madras (1920), Bengal (1922) and Bombay (1924) till the passing of the Juvenile Justice Act, 1986,1 the advances have been dynamic. These changes were partly due to litigation by public interest groups contesting the status of juveniles in Indian jails, Supreme Court rulings, and the adoption of UN General Assembly of the Beijing Rules in 1985. Even after a decade of passing the JJA, most of the states had failed to establish separate juvenile courts, welfare boards or special homes for delinquents. These measures haven’t successfully crossed the realms of justice into welfare. The reformation and rehabilitation measures by the government and contribution made by social organisations are being discussed in the following pages. 1.2. Scope This project is aimed...
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...REPUBLIC ACT NO. 7160 REPUBLIC ACT NO. 7160 - AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991 BOOK I General Provisions TITLE I. Basic Principles CHAPTER I The Code: Policy and Application SECTION 1. Title. — This Act shall be known and cited as the "Local Government Code of 1991". SECTION 2. Declaration of Policy. — (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units. (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum. (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people's organizations, and other concerned sectors of the community...
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...Bank has estimated that more than US$ 1 trillion is paid in bribes each year and that countries that tackle corruption, improve governance and the rule of law could increase per capita incomes by a staggering 400 percent (World Bank, 2004). Commensurate with the place of corruption on the policy agenda, the economics literature has paid increased attention to the issue of corruption. Though the recent literature is mainly theoretical in focus, there have also been attempts – albeit relatively few in number – to address the causes and consequences of corruption from an empirical standpoint. Notable efforts in this area include, among others, Mauro (1995; 1998) on the impact of corruption on economic growth and investment and composition of government expenditure, Treisman (2000) on the causes of corruption and Fisman and Gatti (2002) on the links between political structure and corruption. In reviewing the literature of corruption, the dissertation will attempt to highlight the various definitions, forms, theories and historical context and empirical works on corruption. 2.2. Defining Corruption: Corruption as a word is derived from the Latin word ‘corruptus’ meaning to break. The use of the word emphasizes the destructive effect of corruption on the fabric of society and the situations where agents and public officers break the confidence entrusted in them (Nicholls, C., Daniel, T.,...
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...DECLARATION The group hereby declares that except for references to other people’s work, which has been acknowledged, this dissertation is the outcome of our own independent investigation under the supervision of Mr. Sumani John Bosco. NAME ID SIGNATURE GYAMFI KINGSLEY KWAKU IDS/3498/06 ………………………….. JEBUNI BERNARD IDS/3548/06 …………………………. SALIA ELIZABETH ZENABU IDS/3794/06 ………………………… YANGFO JACOB IDS/3902/06 ………………………… ZIEM ABRAHAM IDS/3934/06 ………………………… …………………………… Mr. Sumani John Bosco (Supervisor) Date…………………….. DEDICATION This work is dedicated to the parents and relatives of the group members for their love, care, prayers and support. ACKNOWLEDGEMENT The group wishes to render its first thanks to the Almighty God without whose divine intervention the work would not have been possible. We also acknowledge the immense contribution of the chiefs, elders and people of Zanko and Sokpayiri communities who contributed in diverse ways to making our research a successful one. The group also...
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...International Review of Business Research Papers Vol. 4 No.1 January 2008 Pp.68-84 Lessons from Jeepney Industry in the Philippines Candy Lim Chiu* This paper reports on the empirical investigation of the perspective of jeepney industry based on their actual experiences in the Philippines. These viewpoints were elicited during face to face, structured interviews lasting between 1.5 to 3 hours. The industry are experiencing great uncertainty with respect to long-term goals especially if what is currently happening is unstable, uncertainties about the magnitude of jeepneys in the market, the cost and benefits, but stakeholders are willing to be involved in promoting the industry to its maximum potentials. There appear to be few articulated and carefully thought-out development strategies nor is there much evidence of internal business processes being reengineered to accommodate the requirements of jeepney presence. The objective of the study is to examine what are the problems, benefits and what might be done to alleviate the jeepney industry in the country. Field of Study: Business, Entrepreneurship, Jeepney Industry and Transport 1. Introduction The jeepney culture that remains alive for five decades are no longer tenable. The ending of the age of the jeepney undoubtedly marks a significant turning point in the Philippines historical development. Jeepney industry was considered inappropriate to advanced technological systems, they were even regarded as an...
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...HAWKERS AND THE URBAN INFORMAL SECTOR: A STUDY OF STREET VENDING IN SEVEN CITIES Prepared by Sharit K. Bhowmik for National Alliance of Street Vendors of India (NASVI) Section I: Introduction This report is based on a study of hawkers and street vendors conducted in seven cities in India. It was initiated by the National Alliance of Street Vendors of India (NASVI) and as such it is not merely an academic exercise in understanding the problems of this section of the work force. The purpose of this study is two-fold. Firstly, it tries to objectively understand the problems of street vendors in urban areas. Its scope is not restricted to street vendors alone but it tries to relate the profession in the wider urban context by examining the legal status of hawkers, their contribution to the urban economy, the problems they face, the perceptions of the urban population towards them, and the their position in urban society. Secondly, based on the above information this report attempts to examine and understand the problems faced by the street vendors and the possible means of overcoming these. In most Indian cities the urban poor survive by working in the informal sector. Poverty and lack of gainful employment in the rural areas and in the smaller towns drive large numbers of people to the cities for work and livelihood. These people generally possess low skills and lack the level of education required for the better paid jobs in the organised sector. Besides, permanent protected...
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...REPUBLIC ACT NO. 7160 AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991 Table of Contents BOOK II LOCAL TAXATION AND FISCAL MATTERS TITLE FIVE LOCAL FISCAL ADMINISTRATION CHAPTER 1 GENERAL PROVISIONS SEC. 304. Scope. – This Title shall govern the conduct and management of financial affairs, transactions, and operations of provinces, cities, municipalities, and barangays. SEC. 305. Fundamental Principles. – The financial affairs, transactions, and operations of local government units shall be governed by the following fundamental principles: (a) No money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law; (b) Local government funds and monies shall be spent solely for public purposes; (c) Local revenue is generated only from sources expressly authorized by law or ordinance, and collection thereof shall at all times be acknowledged properly; (d) All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds, unless otherwise provided by law; (e) Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust was created or the funds received; (f) Every officer of the local government unit whose duties permit or require the possession or custody of local funds shall be properly bonded, and such officer shall be accountable and responsible for said funds and for the safekeeping...
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