effect the Human Resource at the company. When making a decision to have a reduction in the workforce by terminating employees you have to be mindful you do not violate employment laws. The Civil Rights Act of 1964 is the reason why the Equal Employment Opportunities Commission was passed. The reason for the EEOC is to help employees with a legal recourse and to make sure that they are treated fair and have an equal consideration with respect to employment and termination. Employees sometimes feel
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origin, age (40 or older), disability or genetic information” (EEOC, 2011). This paper will cover the process of an employee who goes by the name of John and works for a private sector organization, feels that he has been discriminated against by his employer and wishes to file a discrimination complaint against the employer he works for. This paper will also analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer through
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Legal Process MGT/434 Introduction When we look at the many legal processes that cover employment law, we will discover that the law has many parts that would be dependent upon the type of specialty, area, employment, and classifications of employer and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government
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of toy company | from: | elementary division manager | subject: | review of constructive discharge allegations | date: | May 1, 2014 | cc: | toy company attorney | | | A. Constructive Discharge as a Legal Concept Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination on the basis of race, color, religion, sex and national origin. When an employer engages in practices that create a hostile work environment for any of these protected groups, making
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MEMO To: Chief Executive Officer From: Elementary Division Manager Date: January 1, 2014 Subject: Former Employee, Constructive Discharge Claim Introduction Our attorney has notified me that a former employee has filed a claim against the company, citing Title VII of the Civil Rights Act of 1964, constructive discharge. Findings: A. Constructive Discharge Relevance During the first quarter of the New Year the company implemented a new production schedule as a result of company growth
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discrimination and litigation for many years and recent data indicates that this trend is continuing. These types of discrimination are spread widely to include the assignment of roles, responsibilities, pay rates, and promotions just to name a few. The laws that were enacted in the U.S. in an attempt to discourage employers from participating in these types of discriminatory practices came about with the establishment of the Equal Employment Opportunity Commission (EEOC). The purpose of the EEOC is to enforce
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Constructive Discharge & Religious Discrimination Lawsuit ____________________________________________________________________________________ When hired to work for a company every employee expects to be treated equally and fairly in part due to the Civil Rights Act of 1964. When an employer changes working requirements or conditions and the employee becomes unsatisfied with these changes they can either opt to work with the employer to fix the issues, and/or quit. In a court of law it can be very hard
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law. Each of the laws protects workers from termination for causes outlined in the acts. The Americans with Disabilities Act of 1990 is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Drug testing has become
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Civil Rights Act of 1964 Michael Cain ELA2603 - Administrative and Personnel Law Professor Zara Sette August 17, 2012 Abstract The Civil Rights Act of 1964 is the nation's benchmark civil rights legislation, and it continues to resonate in America. The basic tenants of this legislation prohibit discrimination on the basis of race, color, religion, sex or national origin and other protected classes as amended. Passage of the Act ended the application of "Jim Crow" laws, which had been upheld
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consecutive 12 hour shifts Monday through Sunday with four days at work and then four days off. However the days can occur any day of the week. However, one employee has taken the steps to file a claim under Title VII of the Civil Rights Act of 1964, constructive discharge. The constructive discharge claim, is that the company created a discriminatory work environment that essentially forced the employee to seek termination. Legally, Constructive Discharge is defined as “an employee who resigns after
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