...FINAL (1) Is an employer liable for racial discrimination because she terminates a black male who refuses to abide by the "no-beard" rule? Why or why not? The employer can be liable to racial discrimination because she terminates a male who refuses to abide the rules. The discrimination in which is indeed a couple of industries where beard would have adverse the effect of safety. The representational policies for certain duties apply regardless rate in racial discrimination in which an employer can still fired for wrong reasons. If the rule is applied for all employers then someone can exclude certain rules because the race has nothing to do with it. (2) Is it a violation of wage and hour laws for an employer to hire his 13-year-old daughter to pick strawberries during the summer? Why or why not? The federal labor laws restrict the types of jobs in which a 13 year old can perform a certain action like picking strawberries during summer. It also states that an employer hire his own daughter to pick strawberries which shows the violation of wage and hour laws. There are certain exemptions in child labor laws which reduce the moral crime where child employment is a major issue. The state health and safety codes must still follow in family employment policies and family (3) Is an employer liable when a supervisor sexually harasses an employee, but the employer knew nothing of it? Why or why not? It appears to be very bad in a ridiculous situation in which the...
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...in affirmative action plans to strict scrutiny - the most stringent form of judicial review of government actions. To survive a constitutional challenge to an affirmative action plan that uses racial preferences, a public employer must show that the plan serves a compelling governmental and that the measures employed are narrowly tailored. Put differently the plan must serve a very important public purpose and harm the interests of nonpreferred persons no more than absolutely necessary. In reverse discrimination cases, an employee alleges disparate treatment, believing that he passed over for an employment opportunity because an employer with an affirmative action plan considered the protected class characteristics of applicants and chose a woman or a person of color instead. Affirmative action that arises out of legal proceedings can be imposed either as a remedy following a determination by court that an employer has engaged in a serious pattern of practice of intentional discrimination as part of judicially approved settlement between parties. The latter is called consent decree. When the goals of the affirmative action plan are achieved the municipality is relieved of its obligation to comply with consent...
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...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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...Discrimination question on EEOC basis and ethical questions about company policy at "The Lemon Tree" company The website EEOC.gov should be a bookmarked site for any individual who is working as or plans to work as a manager in a business with more than one (i.e. the owner) employee. This website contains the information which the Federal Government expects companies and businesses to use and follow with respect to hiring, firing, and disciplining its employees. It explains disabilities, how to handle them, and when to use them in making hiring decisions. It also provides information about "protected classes," in which people must be a member before they can claim "discrimination." You should plan to visit the EEOC website to help work through this ethical dilemma faced by Paul and Mary, two managers in the company, "The Lemon Tree." Read through the fictional dilemma (attached), and then choose the subject of discrimination discussed therein. Some of this seems obvious, but others aren't as easy to determine as they seem. Read the dilemma, and then briefly discuss. 1. What is one aspect of Title VII that has been violated by the company? 2. Which actions by the two employees that call their credibility into question are you allowed, as an employer, to consider? Or, what types of actions are you not allowed to use and why? Are there any you wish you could use? Support your answers to the questions above with a law or business reason. 348 words Attachment(s): ...
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...general, legal precedence the ruling sets for most businesses, and the role the federal enforcement agency plays in ensuring the organization’s compliance to regulation standards. Case Summary The University of California at Davis developed and implemented a special admissions program to increase enrollment of “disadvantaged” applicants, which meant minority students. The number of minority students increased. The special admissions goal was to fill 16 of the 100 positions with “disadvantaged” applicants whom would be selected by a special admissions committee. Allan Bakke, a Caucasian male, was denied admission to the school twice. Bakke brought a suit against the university on the grounds of Civil Rights Act violation and reverse discrimination, alleging preferential treatment of one group (minority or female) over another group opposed to equal opportunity (Byars & Rue, 2008). Court’s ruling The Supreme Court ruled in a five-to-four decision in favor of Allan Bakke and deemed the schools admissions system to be illegal. However, by another five-to-four vote, the Court held that at least some forms of race-conscious admissions procedures are constitutional. the Court stated that race or ethnic background may be deemed a plus in particular applicant’s file, but it does not insulate the individual from comparison with all other candidates for the available positions. The decisions in this...
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...ADA and Affirmative Action America is suppose to be the land of the free but for years many of our citizens have been discriminated against on the basis of race, gender, or disability. The Americans with Disabilities Act (ADA) of 1900 and Affirmative Action Acts are two ways our country has taken a stand against discrimination against minorities and those with disabilities. While both of these Acts were created to help ensure that each citizen receives equal and fair treatment they both have their share of controversy surrounding them. This writing will examine both ADA and Affirmative Action for both the positives and negatives that are attached to each Act. After years of disabilities rights groups lobbying congress, the Americans with Disabilities Act was signed into law on Jun 1990 by President George Bush. The ADA was designed to eliminate discrimination against those with mental or physical disabilities in regards to employment, telecommunications, transportation, and public services and accommodations. This law is to help ensure that all American people, regardless of physical or mental disability, has a fair shot at employment and other public services. The ADA requires that any business that employs 15 or more employees must make efforts to provide reasonable accommodations such as safe and accessible work environments, readers for those employees who can not see, allowing for adjustments in the employees schedule to accommodate appointments related to their disability...
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...The issue of race in America is now widely regarded as a socioeconomic issue whereas a few decades ago, racism was a more violent word. This is to say that race these days usually boils down to a debate as to how it determines a person’s opportunities in life. Affirmative action was created to help shift the equilibrium struck in the U.S. as far as statistics of African Americans working in high-paying professional environments are concerned. A consequence of this action was seen in the case Bakke v. UC Regents, a case in which medical schools were setting aside racial quotas and accepting this quota of African-American students even though it was proven that their test scores were generally lower (Abernathy 1233). These quotas are not just for either race and racial equality is ultimately set when race doesn’t play a factor in whether someone gets hired or accepted into a position. There has been a host of court cases in America dealing with this “Affirmative action” issue in colleges and graduate schools. A look at this progression will help people to understand where Affirmative action is today and how colleges accept students based on race. Bakke v. UC Regents is an example case of a bigger issue in America about the fairness of affirmative action. This case is also what the first case to appear that really dealt with a racial bias as it was concerned to acceptance into a professional school. While affirmative action is not the reason in which this school set racial...
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...The NAACP is an interest group that focuses on ensuring a society in which all individuals have equal rights without discrimination based on race (NAACP.org). The NAACP examines government policies and public agenda that may cause hindrance to the advancement of African Americans. In 1896, in a case between Plessy vs. Ferguson, the United States Supreme Court upheld the constitutionality of state laws requiring racial segregation in public facilities; this decision was detrimental to our society (http://wwwi.pbs.org/wnet/imcrow/storie_events_plessy.html). In 1954 the NAACP backed the efforts of the case of Brown vs. The Board of Education, which lead to a decision that, “separate educational facilities are inherently unequal” (http://www.watson.org/~lisa/blackhistory/early-civilrights/brown.html). The monumental impact of this case is still widely demonstrated today. The government policy of affirmative action is undoubtedly a useful tool in the efforts of the NAACP. In 1971 the NAACP backed the efforts of the case of Griggs vs. Duke Power Company; a decision was made that reflected the policy of fair treatment by affirmative action (lcrm.lib.unc.edu/blog/index.php/2012/03/08/remembering-griigs-v.-duke-power-company/). Today there are some who support the policy of affirmative action, and some who are opposed, and some who feel we needed affirmative action at one time but now are no longer in need of it. In 2009 the plaintiffs of the case of Ricci vs. DeStefano sued the city...
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...analysis to determine which (if any) target groups the firm is underutilizing relative to the relevant labor market” (Dessler, 2011, 60) and that affirmative action was put into place to eliminate barriers to equal employment. This may be true but from its’ very inception, affirmative action has been met with resistance. History of Affirmative Action Affirmative action has seemed to find its way into the lives of many. It was originally created to make employment opportunities and practices fair for people that were non-white U.S. citizens but has since grown and evolved into much more. The beginning concept of affirmative action was to make right the many years that African Americans were bound because of slavery, discrimination after the abolition of slavery and lack of education that prevented many of them from getting decent jobs. Many positive things can be said about affirmative action when it works; however there are many people that fight against it because of the inequality and injustice it can unseeingly cause. Affirmative action was first started with the Executive Order 10925 (EO 10925) signed into effect by former President John F. Kennedy in March of 1961. This EO said that employers were to make employment an equal opportunity for all qualified personnel, and that they were to make a positive effort to realize true equal opportunity...
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...Discrimination Legislation Vernecia Denson American Intercontinental University March 10, 2012 In this paper, you will learn and know how to recruit for a more diverse work team. The word affirmative action will be recognized and defined. You will learn what the initial intent of Affirmative-Action legislation was and why it was created. We will distinguish what the positive and negative results of the Affirmative Action legislation and is this legislation still appropriate today. We will learn what the landmark of Bakke v. Regents case included and how it applied and ties in with affirmative action. We will see what was the basis for the conclusion of this case? When thinking about discrimination in the workforce, the words affirmative action comes to mind. Affirmative action was a law put into action to take positive steps that would increase the representation of minorities and women in areas of employment, education, and businesses from which in historical times were excluded (Fullinwider, 2009). Affirmative action wanted to increase not noticing the basic structures based off of race, gender, or ethnicity when making decisions (Fullinwider, 2009). This action is still around till this day. Affirmative action was initiated first by President John F. Kennedy in 1961. This order showed that Federal contractors was suppose to take affirmative action to guarantee that job applicants and employees are treated fairly and would have a fair opportunity regardless of...
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...Unit 6: Diversity and Affirmative Action Lecture Reading: (1) “Diversity,” by George Sher; “A defense of Diversity Affirmative Action,” by James Sterba; Barbara Grutter, Petition, v. Lee Bollinger, et al. (including dissent and amici briefs)(U.S. Supreme Court); Local 28 Sheet Metal Workers’ Intl. Ass. V. EEOC (U.S. Supreme Court); Unit # 6 Lecture. Case #2 Mr. Sing’s idea of hiring only Asian people for the waiting positions made sense. The whole idea around the authenticity of the Chinese restaurant was the environment. People go to eat Chinese food at a Chinese restaurant want to bona fide Chinese experience. This reminds me of the Hooters case that was all over the news several years ago. A man applied for the food serving job in Texas and was turned away for obvious reasons. I believe he ended up settling. The judge should have thrown out that case to begin with. Let me expand on this a little. I was in India a couple of years ago on a business trip. During that trip, I became very close to a few customers. One evening during dinner and some drinks, someone mentioned something about “female” belly dancers in India and that I should check them out. I was not sure what to think at that moment, but reluctantly said, “Sure, we should go some time before I go home.” About two days before the planned excursion, I read an article in the newspaper that some 20% of the belly dancers were actually male dancers, and not women. I immediately went to the customers and...
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...Mallory Farthing Lesson 09 Application Paper SOC 111: Introduction to Sociology January 1, 2011 Racism in Present Times Racism is a sensitive subject with many people in our society today. Everyone seems to believe that they were wrong at one time or another because of their race, and maybe that is the case. Though racism has lessen quite a bit in America, it still exists, and makes itself known in several acts across this great nation. I will discuss the events of affirmative action, TSA profiling, and Minuteman border, and discuss whether or not they are examples of racism. Affirmative action is also widely known as “positive discrimination” but nonetheless, it is discrimination. I strongly believe that race should be left out of job applications all together. The person that should be hired is the most qualified, and best person for the job, no matter their race. That being said, there are certain ethnical groups that have had trouble, especially in past times, rising above what they were raised in. In past reading during this class, we discussed how many young black people raised in the ghetto have a hard time leaving. Because this is a proven thing, I believe there weren’t very many options other than this great help pushed by our government. We want to clean up our streets, and a way we do that is to give the poor better educations, and better jobs to support themselves with. It is true that the 9/11 attacks have forever changed airport security. It is also true that...
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...Tron Riley Amanda Jones Constitutional Law 2016 12 April 2016 Topic 9: Reverse Discrimination The claim of reverse discrimination is full of multifaceted intricacies that ultimately reserve it as a question with no apparent say-all answer. Since the 1970s, cases of reverse discrimination have been widespread among Americans who feel that affirmative action is no longer necessary. On the one hand, Americans feel as if the affirmative action dogma is wasteful in leveling the playing field for minorities and instead creates an unfair prejudice to particularly White Americans. The reverse side of that argument is that the affirmative action notion corrects the incongruities of opportunities for underrepresented minorities who may have not otherwise had any privilege to certain employment, school admission, and/or societal benefits. Cases such as University of California v Bakke, Grutter v Bollinger, and Fisher v Texas have been cognizant of the resourceful means of the affirmative action notion and its implementation. However, cases like City of Richmond v Crosan and Adarand v Pena have been unsympathetic of the affirmative action idea and reject its practice. I tend to disagree with the verdicts delivered in both City of Richmond v Crosan and Adarand v Pena for reasons that allude to the upward mobility of historically oppressed people. In 1978, Allen Bakke applied for admission to the University of California twice and was rejected both times. The school admitted that...
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...is why I really deplore that there is no regulation to this kind of matter. Chapter 11 2.Distinguish among equal opportunity, affirmative action and preferential treatment. * Equal opportunity is a condition that all people should be treated similarly, except when particular differences can be explicitly precise. * Affirmative action can be said as positive discrimination it is the policy of favoring members of a disadvantaged group who are supposed to suffer from discrimination within a culture. * Preferential treatment can be view as reverse discrimination, since it rewards someone for being in the "correct" race, gender, economic status, religious affiliation or other category. An employer may not be allowed by law to discriminate against any applicant protected under law, but he or she can still show a preference towards applicants who meet certain unspoken standards. An employer may prefer to work with men instead of women as a rule, or may hire a candidate based on his or her physical attractiveness. 3.When might discrimination in the workplace be justified? Might discrimination on the basis of gender or race ever be justified? In my opinion we must give a deeper understanding towards our young generation so that they will treat all the people the same. Not just by their gender, race, religion and so on. That way in the future there will not be any inequalities anymore. As an example nowadays there...
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...Ramos Jose I. Prof. Tantalo English 101 11/6/13 Essay 3 You’re only as Strong as Your Weakest Link Recently in Michigan there has been a reopening of a dispute traced back to the 1950’s. This argument is whether the use of affirmative action should be used when determining whether to accept or reject the request of an applicant. Affirmative Action refers to policies taken into consideration that may boost someone’s application and thus help them be accepted. These extra policies can used in jobs, universities and other similar competitive based applicable positions, normally they include race, religion or sex. These policies limit the field of applicants and thus make applying for an opening unfair to all that are not helped by it. It also helps create a wider gap in what we would want to have, equality. Instead of focusing on the helping it hides the origins of the original problem which is insufficient help to specific areas of cities, states and counties. During the year of 1978, the court case, Regents of the University of California v. Bakke was a major debate towards that of Affirmative action. Bakke was a 33 year old that had applied to UC Davis Medical School. Even though he had outstanding perquisites he was denied because of the school’s affirmative action helping minorities gain entrance even though they had lower scores. Upon learning of this Bakke decided to take the UC system to court upon which he won and was allowed attendance to the university. Traditionally...
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