...Abstract…………………………………………………………………………………………....3 Introduction…………………………………………………………………………………….….4 Pregnancy Discrimination Act of 1978…………………………………………………..………..4 The Effects of Pregnancy Discrimination…………………………………………………………5 Determining What Counts as Pregnancy Discrimination………………………………...……….6 A Field Experiment…………………………………………………………………..……………7 General Electric Co vs. Gilbert……………………………………………………...…………….7 Asmo vs. Keane Inc…………………………………………………………………………….....8 Disparate Treatment and Disparate Impact………………………………………………..………9 Sexual Harassment…………………………………………………………………………….....10 Conclusion……………………………………………………………………………………….11 References………………………………………………………………………….…………….12 Abstract This essay will examine previous cases involving pregnancy discrimination. In today’s society pregnancy discrimination still exist. Research has proven that discrimination based on sex has a thorough history in the United States. Real court cases will be reviewed to show that women have endured hardship along with progress in the workplace. The court cases that will be discussed are General Electric vs. Gilbert and Asmo vs. Keane Inc. Also, the Pregnancy Discrimination Act of 1978 will show improvements in regards to this dilemma. Further investigation will address disparate treatment and disparate impact. Pregnancy Discrimination in the Workplace The affects of discrimination has had a drastic impact on employment for women. There have been lawsuits that have ventured through local...
Words: 2406 - Pages: 10
...a constructive discharge claim because of the newly implemented rule. As part of my research, a constructive discharge claim occurs when an employee claims that their working conditions were so intolerable that he/she was forced to quit (Alexander Hamilton Institute, 2011). The plaintiff (our former employee) in this case will need to be able to show the Court that working conditions were not tolerable and forced him/her to resign their position on the production floor. In addition, the plaintiff will need to show prima facie evidence that the said discrimination actually occurred (legal-dictionary, 2014). In a case, Gregory Lawson vs. State of Washington 2002, it pointed out three important Prima Facie evidences that would be necessary for this type of a case, the plaintiff has a genuine religious belief that conflicted with their duties, the plaintiff informed their employer of their beliefs, and the company/employer subjected the plaintiff to discriminatory treatment (Caselaw.findlaw.com, 2014). Based on the information that has been obtained and the current...
Words: 1514 - Pages: 7
...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 our West Mifflin headquarters. The person hired should possess the requisite education and experience necessary to develop, articulate and...
Words: 5593 - Pages: 23
...Memo To: Chief Executive Officer From: Date: Subject: Response to constructive discharge law suit. Constructive Discharge Constructive discharge occurs when an employer makes working conditions unbearable that an employee feels forced to resign from his job. Unbearable conditions can include discrimination, harassment or negative change in pay. In our company’s case the former employee alleges that enforcement of company’s new shift policy is discriminatory because the policy requires employees to work on a religious holy day. The former employee can establish that constructive discharge occurred only if he can show that our company purposefully created an intolerable or discriminating working environment to quit. The company did not create the new shift policy to discriminate against one or more group of employees with religious belief. The policy clearly stated that due to company’s growth the production demand has to get increased to 12 hour shifts with any 4 days at work from Monday through Sunday. Title VII Title VII of the Civil Rights Act of 1964 law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person participated in an employment discrimination investigation, filed a charge of discrimination or complained about discrimination. The former employee is filing law suit under this law that also requires that employers...
Words: 959 - Pages: 4
...FORM 128. APPELLANT’S FORMAL BRIEF AND ADDENDUM (Cover) Case No. 0:15-jcv-0103532-RHR STATE OF MINNESOTA IN COURT OF APPEALS ABC INTERNATIONAL Respondent, vs. Petitioner. Respondent BRIEF AND ADDENDUM Attorney for Respondent By (address, zip code, telephone number, and Attorney for Petitioner attorney registration license number). (address, zip code, telephone number, . and attorney registration license number) * * * * * * TABLE OF CONTENTS Page Table Authorities Legal Issues Statement of Facts Argument 1. (Concise statement of each legal argument advanced) 2. 3. Conclusion ADDENDUM AND ITS INDEX Order Denying Motion for New Trial and Memorandum [SEE RCAP 130.02] * * * * * * TABLE OF AUTHORITIES Statutes: The request for Production No. 4 should be denied based solely on F.R.C.P. 26(b)(3). Minn. Stat. § 518.58 (2012) Cases (list applicable authorities and page where argument found) Lafate v. Vanguard Group, Inc., 2014 U.S. Dist., see e.g.; Safco Prods. Co. v. WelCom Prods., 730 F. Supp. 2d 959, 11(D. Minn., 2010). Pg. 5 Burns v. Hy-Vee, Inc., 2002 U.S. Dist. Lexis 23662 (D. Minn., November 21, 2002, Decided). Pg. 6 Taylor v. Southwestern Bell Telephone...
Words: 3206 - Pages: 13
...Introduction Youth residential facilities all across America are filled with the future of our workforce. While in these facilities young people are taught to be functioning attributes to society, and the main way to do this is by obtaining employment. Often these youth are plagued by physical and mental disabilities that will give them a harder road than someone applying for the same position. The U.S. Census Bureau says that about 49.7 million Americans have a disability. Those with a physical disability were 9.4 percent, mental disability was 5.6 percent for people age 16 and older, and 6.9 percent had an employment disability (census.gov). When youth leave facilities were they have been groomed and ultimately institutionalized, they are stuck without skills that will help them obtain employment and be able to compete in today’s society. The research in this paper will explore the laws that protect those with disabilities and how they may be improved to provide them with equal employment opportunities. These youth put so much of their self-worth into having a job but are often discriminated against. Getting up and being involved in a working society puts forth an image of belonging as so many times in their past they have been shunned aside and made to feel inferior by those most important to them. Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats...
Words: 8776 - Pages: 36
...Ethical Issues in Business Thomas Donaldson and Patricia Werhane Some definitions: Ethics – the study of whatever is right and good for humans Business ethics – business actions etc in light of some aspect of human value. - it requires the evaluation of business practices. - Goes beyond facts to include the “ought to” of a situation. The two traditional issues involved with ethics: 1. Ethical Relativism – are there universal values that apply to everyone or is everything relative to individual, country, company etc. a. Relates to cultural relativism. This presumes that different peoples reason about morality varies by culture, education and religious traditions. b. Arguments for ER are: i. Empirical evidence of cultural relativism. ii. There is no viable universal standard that can be applied to everyone. c. Arguments against ER are: i. Just because finding universals is hard – that does not imply that ER is correct. ii. Just because a particular issues is not resolved does not imply that it is, in principle, not ever resolvable. iii. Taking ER to its full extent means that you can’t justify any moral judgements at all. d. The Foreign Corrupt Practices Act (1977) attempted to legislate that what we say is moral is how we should behave. This Act was driven by the issue that you are being inconsistent with yourself if you say something is immoral yet do it anyway just because you are in a foreign country. 2. Truth telling – can you ever justify...
Words: 10507 - Pages: 43
...Search in selected Domain Print this page || Email this page MANU/SC/0009/1950 Equivalent Citation: AIR1951SC41, (1951)53BOMLR499, [1951]21CompCas33(SC), [1950]1SCR869 IN THE SUPREME COURT OF INDIA Decided On: 04.12.1950 Appellants: Chiranjit Lal Chowdhuri Vs. Respondent: The Union of India (UOI) and Ors. Hon'ble Judges: Harilal Kania, C.J., Saiyid Fazl Ali, Patanjali Sastri, Mukherjea and Das, JJ. Subject: Constitution Catch Words Mentioned IN Acts/Rules/Orders: Constitution of India - Articles 14, 19(1), 19(5), 31 and 32; Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950 Citing Reference: McCabe v. Atchison Discussed Middleton v. Texas Power and Light Company Discussed Barbier v. Connolly Mentioned Army v. Dalziel Mentioned Yick Wo v. Hopkinas Mentioned Southern Railway Company v. Greene Discussed Gulf C. & S.F.R. Co. v. Ellis Mentioned Southern Railway Co. v. Greene Mentioned Radice v. New York Mentioned Minister for State for the Army v. Datziel Discussed Pennsylvania Coal Company v. Mahon Discussed Lindsley v. Natural Carbonic Gas Company Discussed Gulf, Colorado and Santa Fe'Railway v. W.H. Ellis Discussed Case Note: Sholapur Spinning and Weaving Company Act 1950-Act Dismissing Company's managing agents, removing its directors, authorising government for appointment of new directors and curtailing shareholders' right in the voting matter etc.-Validity-Whether...
Words: 23756 - Pages: 96
...Facts This writ petition under Article 32 of the Constitution of India, raising a question of public importance involving the interpretation of Articles 74 (pari materia to Article 163) and 156 of the Constitution, has been referred to this six-judge Constitution Bench. On August 7th, 2014, President Pranab Mukherjee issued a Presidential order removing Mizoram Governor Kamla Beniwal with barely four months left of her tenure. Ms. Beniwal, who had crossed swords with PM Narendra Modi as Gujarat governor, was only recently transferred to Mizoram. According to Ms. Beniwal, she was transferred after a nudge from home secretary Anil Goswami to quit did not elicit the desired response from her. The Government has stated that the decision to advise the Presdient to sack Ms. Beniwal was taken after it came to light that she had misused the governor's office (in Gujarat) to make several unauthorized air travels, including to her home state of Rajasthan, at the expense of the state exchequer. Citing Gujarat Raj Bhavan records, the Government states that Ms. Beniwal flew out of Gujarat 63 times using the state aircraft between 2011 and 2014, with as many as 53 of these trips being to her home city of Jaipur. The Government also states that as chancellor of universities, she had allegedly started taking keen interest in appointment of vicechancellors. Ms. Beniwal denies these allegations and states that the sole motivation for her removal was political vendetta. She asks that the Court examine...
Words: 6543 - Pages: 27
...CONSTITUTIONAL VALIDITY OF VARIOUS PROVISIONS OF THE HINDU SUCCESSION ACT,1956 INDEX: INTRODUCTION__________________________________________________________________ ARE PERSONAL LAWS REALLY LAWS? _______________________________________________ ARE PERSONAL LAWS SUBJECT TO PART III OF THE CONSTITUTION? _______________________ TYPES OF SUCCESSION___________________________________________________________ WHO IS A HINDU?_______________________________________________________________ BEFORE HINDU SUCCESSION ACT__________________________________________________ INTRODCUTION TO HINDU SUCCESSION ACT, 1956____________________________________ CONSTITUTIONAL VALIDITY OF: 2005 AMENDMENT…………………………………………………………………………………………………………………. SECTION 6, HSA………………………………………………………………………………………………………………………….. SECTION 7, HSA………………………………………………………………………………………………………………………………… SECTION 14, HSA…………………………………………………………………………………………………………………………….. SECTION 15 &16, HSA…………………………………………………………………………………………………………………….. OPINION_________________________________________________________________________ CONCLUSION______________________________________________________________________ INTRODUCTION: Through this paper, I want to analyse the constitutional validity of various provisions of the Hindu Succession act, 1956 , which is a personal law applicable to Hindu citizens of India. I have attempted to briefly explain how the flaws in the said act pose a constitutional challenge and have also tried arriving...
Words: 5545 - Pages: 23
...MGT 303 MIDTERM STUDY GUIDE Christopher Rhodes Starbucks: · New growth model that tries to get customers to purchase more coffee regardless of its form, venue, or name on the beans · Calls all employees “Partners” o Coffee knowledge, product expertise, great customer service o Treated with dignity and respect · Greet regular customers by name · Baristas slow down make no more than two drinks at a time HRM plays key role in determining survival, effectiveness, and competitiveness of US businesses Competitiveness: a companys ability to maintain and gain market share in its industry · Related to company effectiveness o Satisfies needs of stakeholders HRM help support business strategy and provide services the customers value. Value of a product: determined by its quality and how closely the product fits customers needs. HRM: policies, practices, and systems that influence employees behavior attitudes, and performance · “People practices” Strategic HRM consists of: HR Planning: analyzing and designing work, determining HR needs Recruiting: attracting potential employees · Interviewing, testing Selection: choosing employees Training and Development: teaching employees how to perform their jobs and preparing them for the future· Orientation, productivity enhancement Compensation: rewarding employees Performance Management: evaluating their performance Employee Relations: creating a positive...
Words: 11843 - Pages: 48
...Air India Etc. Etc vs Nergesh Meerza & Ors. Etc. Etc on 28 August, 1981 Equivalent citations: 1981 AIR 1829, 1982 SCR (1) 438 Bench: Fazalali, S Murtaza PETITIONER: AIR INDIA ETC. ETC. Vs. RESPONDENT: NERGESH MEERZA & ORS. ETC. ETC. DATE OF JUDGMENT28/08/1981 BENCH: FAZALALI, SYED MURTAZA BENCH: FAZALALI, SYED MURTAZA VARADARAJAN, A. (J) SEN, A.P. (J) CITATION: 1981 AIR 1829 1982 SCR (1) 438 1981 SCC (4) 335 1981 SCALE (3)1275 CITATOR INFO : F 1983 SC 130 (14) RF 1987 SC1086 (29) F 1987 SC1515 (2,3,10) RF 1987 SC2354 (11) ACT: Constitution of India 1950, Articles 14 and 16, Air India Employees Service Regulations, Regulations 46 and 47, Indian Airline Service Regulation, Regulation 12. Different conditions of service of Air Hostesses employed by Air India in India and United Kingdom-Validity of. Conditions of service-Discrimination-Determination of question. Indian Kanoon - http://indiankanoon.org/doc/1903603/ 1 Air India Etc. Etc vs Nergesh Meerza & Ors. Etc. Etc on 28 August, 1981 Retirement of Air Hostesses in the event of marriage taking place within four years of service-Whether unreasonable or arbitrary. Retirement of Air Hostess-Provision in service rule, or on first pregnancy whichever occurs earlier-Whether unconstitutional. Retirement age of Air Hostess-Fixation of at 45 instead of 58-Whether in valid . Air Hostess-Extension of service-option conferred on Managing Director- Whether excessive delegation of power. Air India...
Words: 25281 - Pages: 102
...BUSINESS ETHICS BY SHAW TEST BANK A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=business-ethics-by-shaw-test-bank Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION Business Ethics by Shaw Test Bank, Business Ethics by Shaw – Test Bank A+ Graded Chapter 1—The Nature of Morality MULTIPLE CHOICE 1. Which of the following characteristics distinguishes moral standards from other sorts of standards? a. moral standards are purely optional b. moral standards take priority over other standards, including self-interest c. moral standards cannot be justified by reasons d. moral standards must be set or validated by some authoritative body 2. Choose the statement that gives the most accurate description of etiquette: a. the rules of etiquette are a fundamental branch of morality b. conformity with the rules of etiquette is sufficient for moral conduct c. etiquette refers to a special code of social behavior or courtesy d. the rules of etiquette are backed by statutory law 3. Our relationship with the law is best described by which of the following? a. To a significant extent, law codifies a society’s customs, norms, and moral values. b. The law is a completely adequate guide to the moral standards that we should follow. c. The law makes all immoral conduct illegal. d. Violating the law is always immoral. 4. Which of the following is not one of the four basic kinds of law? a. statutes b. constitutional...
Words: 21479 - Pages: 86
...Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 XII. Proxies for Race 23 2. Other Rules 23 3. Types of Discrimination Based on Race 24 4. South African Constitution 24 5. Arlington Heights-“A Motivating Factor” 24 6. Arlington Heights-Footnote 21 24 7. Discriminatory Purpose Without Discriminatory Effect 24 Class 7: Affirmative Action I: Adarand, Grutter,...
Words: 52904 - Pages: 212
...Table of Contents General IP Policy/theory 1 Trademarks 2 Foreign Treaties 4 Types of Marks 4 Infringement (Polaroid Test) 9 Defenses 10 Internet/UDRP 12 Dilution 13 Remedies 14 Copyrights 16 Derivative Works 19 Moral Rights 21 Renewal/Termination 23 Infringement (tests) 24 Fair Use/Defenses 15 DMCA 27 Remedies 29 Publicity/Misappropriation 32 Patents 34 Patent Prosecution 36 Utlity/Novelty /Non-Obvious 38 Priority 39 Statutory Bars 40 Infringement 41 Defenses 43 Remedies 44 Trade Secrets 46 IP In General I. Origins a. Patents began in Venice b. Copyright began in England - Publisher competition c. Trademarks - Guild System would mark the bottom of product so that people would know from whom they were purchasing II. Federal Authority a. Copyright/Patent Authority Article I Sec.1 cl. 8 i. “Progress of science and useful arts” 1. Science is copyright, and useful arts is patents 2. In the days of the Constitution means “knowledge.” ii. Utilitarian clause – not based on the moral rights iii. Most protection is pretty much on federal level. iv. Certain States with particular businesses adopted their own laws, which Congress eventually incorporated...
Words: 34600 - Pages: 139
