...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 judgment on a claim brought under Massachusetts state law. Petty v. Metro. Gov't of Nashville & Davidson City The Uniformed Services Employment and Reemployment Rights Act guarantees returning veterans reemployment with their former employers and prohibits employers from discriminating against veterans based on their military service, 38 U.S.C. 4301–4335. In this case Petty claimed that...
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...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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...treatment based on protected class characteristics that results in the limitation or denial of employment opportunity. Employer of any size prohibited from discrimination against people who are members of, or have obligations to serve in a uniform military service under the uniformed services Employment and Reemployment rights Act ( USERRA). Explain how the r reemployment provisions of the USERRA were violated in this case? Under the provisions of USERRA reemployment must occur within two weeks of the employee’s application for reemployment. However, Metro return-to-work process took three weeks to rehire. Petty’s complaint alleged that Metro violated his rights under USERRA in that: (1) Metro delayed rehiring him for the purpose of subjecting to the department return-to-work process; (2) Metro did not properly rehire him because he was not placed in the position to which he was entitled; (3) Metro impermissibly denied him the ability to work off duty security jobs. Explain why the court concludes that Petty has a claim for discrimination under USERRA. USERRA performed four key functions in this case that concluded a claim of discrimination. (1) It guaranteed returning veterans a right of reemployment after military service; however this should have occurred within two weeks, but took three weeks. (2) It prescribes the position to which such veterans are entitled upon their return never the less, Petty did not receive his former...
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...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, and his discharge was “honorable”...
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...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 by such service, or a position of like seniority, status and pay, the duties of which the person is qualified to perform; or (B) in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority,...
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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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...individuals from getting discriminated and allowing in getting fair treatment no matter what their background-sex, color, race, religion, belief sect. for example. : If a Muslim women enters in the clinics than she must be welcomed and treated by love and respect and not by discriminating her against religion or sex. In a health and social care setting they must raise and promote awareness of discrimination practice to stop covert and overt discrimination based on race, beliefs, religions, color etc. Autonomy: This principle helps every individual in making their own choice which must be respected by everyone. For example In a care home if the client wants a lady carer to feed her and not a men carer then she must be allowed to have that service and not go against her choice .Beneficence: this principle states that if an individual is in danger/ risk than positive action must be taken as soon as possible to help to prevent or improve the situation. For example if a patient meet with an accident on his way home and fractured his hip and in the emergency (ambulance) nurse must provide pain medication as soon as possible and not wait till they reach to the hospital /till it become worse. Non-maleficence: this principle states that if an individual is harmed by the treatment in the emergency then it must not outweigh the benefits of that treatment. For example: when the patient above (beneficence example) received pain medication there is little complication that could occur. So the...
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...stops individuals from discriminating against others. Dealing with conflict correctly is needed in health and social care settings to promote anti-discriminatory behaviour as aggression and tension can build up between the service users or staff. It is important for a health and social care professional to be trained to deal with conflict correctly so that the service users don’t become stressed or feel unvalued. If the conflict is dealt with professionally and positively then discrimination will not take place, therefore this promotes anti-discrimination by ensuring that no individuals feel discriminated against. All of the service users or staff members are treated equally, they are treated the way they want and need to be. On the other hand, difficulties may arise if the conflict is not dealt with in the correct manner. If a member of staff was to treat one service user better than another, then this will cause a larger conflict and will make the situation become very negative. For example, if a two service users wanted to watch two different TV programs that were showing at the same time then a member of staff should be trained to deal with this type of situation. The professional should treat the service users equally; they should say to the service users that they could take it in turns to watch their programs each day. They can overcome this difficulty by having the correct training and knowing which skills to use at this point. One way to overcome a difficulty is by identifying...
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...There are several types of advocacy. People are different from each other and their needs for support are different and might change during their life. There are several types of advocacy an example of these are case advocacy, self-advocacy, formal, professional, or paid advocacy also legal advocacy. Nursing advocate ensures that the voice of the patients are being heard and respected. Nursing advocate helps to promote the patients’ rights, making improvements in the healthcare environment. Advocacy makes sure that the service users voice has been heard and respect their opinions. The advocate should make sure that they are talking on only the service user’s behalf, they shouldn’t express their own...
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...Unit: 8 Individuals rights in health and social care Criteria: 1, 2-L1 Identify service users that you interact with or have knowledge of. Identify their rights to when access and using health and social care services | Identify two legislations that protect the rights of the service users. Give an example how relevant legislation protects a service user. | Mental healthLearning disabilitiesReceive appropriate careChildrenAdultsyoung people | Human rights act (1998): right to life, freedom, right to fair trial, right to liberty, right not to be punished for something that was not a crime when you did it.Equality act (2010): protects people from discrimination, harassment and victimisation depending on age, disability, gender reassignment, marriage and civil partnership etc. | Criteria: P1, P2- L2 Summarise the individual rights of service users in health and social care | Describe how current and relevant legislation that protect the rights of the service users. Give two examples how relevant legislation protects a service user. | Individuals using health and social care services rights protected by laws, legislations, policies such as data protection, safe guarding. which allows them to be respected, safe, independent, given privacy, treated as an individual , for staff to work in partnership with the parents, carers and other agencies, to be given rights, to be treated with dignity, expect staff not be breach confidentiality, for staff to know each...
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...title: EMPOWERING USERS OF HEALTH AND SOCIAL CARE SERVICES Get assignment help for this at just $150 in next 48 hours time Unit code: D/601/1598 Level: 4 Credit value: 15 AIM The aim of this unit is to enable learners to explore how to empower individuals using health and social care services in order to maximise their independence. UNIT ABSTRACT It is essential for all health and social care professionals to understand that the service they deliver enables individuals to participate in the decisions that are made about their lives. First, learners will explore how legislation and the sector skills standards regarding the design and review of services promote independence, which in turn is captured within organisational policies and procedures. Second, learners will investigate factors that can affect participation, independence and choice, including systems for assessing and minimising risk. Finally, learners will investigate the administration of medicine and the effectiveness of policies and procedures for administering medication in achieving the best possible outcomes for users of services. Learners will study legislation and factors that affect the care that is received. Learners will also examine strategies to promote the best possible outcomes for individual users of services. INTENDED LEARNING OUTCOMES On successful completion of this unit a learner will: 1 Understand how the design and review of services promotes and maximises...
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...Unit 2 assignment 2 Legislation- Human rights act- an act of parliament of the UK- the royal assent for this act was received the 9th of November 1998 with a commencement in 2000. It is an act to give further effect to rights and freedoms guaranteed under the European convention on human rights. Rights: -Right to life -Freedom from torture and inhuman or degrading treatment -Right to liberty and security -Freedom from slavery and forced labour -Right to a fair trial -No punishment without law -Respect for your private and family life, home and correspondence -Freedom of thought, belief and religion -Freedom of expression -Freedom of assembly and association -Right to marry and start a family -Protection from discrimination in respect of these rights and freedoms -Right to peaceful enjoyment of your property -Right to education -Right to participate in free elections This act promotes anti discriminatory practice in a way that it gives everyone the rights they deserve which can’t be taken away from anyone, therefore everyone is equal in what they can do. Data protection act- The data protection act defines UK laws on processing data on identifiable living people. It covers any data which can identify a person such as address, name, Humber, email, information is to be used fairly and lawfully. It is only used for limited specific purposes and in a way that is relevant, adequate and excessive. This promotes anti discriminatory practice as it helps protect confidentiality...
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...when things are not right. It is essential in my job to be aware of and uphold children’s rights by ensuring that my-self and others do not discriminating against or disadvantaging them in any way, even unintentionally. The following are Equality Legislations which relate to my work role (copies in guidance folder in filing cabinat): Disability Discrimination Act 1995 – Outlaws the discrimination of disabled people in the provision of facilities and services. As a childminder I aim to ensure that everyone in my setting is treated fairly whatever their disability. I must also ensure that all activites and facilities are accessible to all where possible. Sex discrimination Act 1975 – Makes it unlawful to discriminate on the grounds of sex when providing services or facilities. As a childminder I treat everyone in my setting fairly whatever their sexual orientation. Human rights Act 1998 – Contains 16 basic rights which affect all aspects of human rights. The right to life Freedom from torture and degrading treatment Freedom from slavery and forced labour The right to liberty The right to a fair trial The right not to be punished for something that wasn't a crime when you did it The right to respect for private and family life Freedom of thought, conscience and religion, and freedom to express your beliefs Freedom of expression Freedom of assembly and association The right to marry and to start a family The right not to be discriminated...
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...reasons”Service providers have a duty of care to protect the individual’s rights. www.oxforddictionaries.com | Independence | “The ability to carry out activities that supports one’s own lifestyle and to control the care given by others” This means that the service user should be given independency so that they would feel satisfied not getting helped all the time. For example is letting the service user have their independency like eating on their own. | Empowerment | This enables a person who uses services to make choices and take control of their own life. For example, service users rely on care workers to ensure their independence is not affected.Stretch, B (2010). Health & Social Care level 3 BTEC national. London: Pearson Education Limited. 2721/02/16 | Rights | “Rights are the legal entitlements.” This means being treated as an individual according to their needs and also it is about treating fairly with care and respect. | Autonomy | This means is to ensure the service users know enough to make an informed choice and help to have control over their lives. | Dignity | Dignity in care means the kind of care which supports and promotes a person’s self-respect.An example of dignity in health and social care setting would be is allowing the service user to change their clothes whilst their door is close. | Explain how four of these principles may be incorporated into providing relevant support Rights | The right to be different is one of the rights every...
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...(carpooling.com). These Terms of Use are divided into provisions for all users (Section I), special provisions for using the booking and payment system offered by carpooling.com (Section II) as well as general provisions (Section III). I. General 1. User group and conclusion of contract, free and premium membership 1.1 Users have the option to register on the website. Registration and maintenance of the usage agreement requires the user to hold a valid and permanently active email address. Furthermore, all information provided must be correct and complete, particularly with regard to the address. The provided information must be updated in the event of any changes. 1.2 The user may freely choose a username and password during the registration process. The user must keep the password secure and not grant third parties access to the website by using his or her user credentials. 1.3 The contract comes into force as soon as the user has submitted the registration form and carpooling.com has confirmed the registration by providing the user with an activation code, which is required for first-time login. 1.4 All services of the basic membership on the Mitfahrgelegenheit websites are made available to the user free of charge. The basic membership includes all offers on the Mitfahrgelegenheit websites that are not explicitly labelled as subject to charge. In addition, carpooling.com offers special services as a so-called premium membership as well as a booking and payment...
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