under the ADA . Thus, the individual claiming protection of the ADA must be able to perform the essential functions of the position without the need for the employer to make reasonable accommodations. Analysis: 1. Even if employee can meet prima facie case under FMLA, employer has a legitimate, non-discriminatory reason for termination: Employee's position required her to regularly be present in the emergency service department, and she had received five formal written notices that she
Words: 463 - Pages: 2
JDT2 Task 1 Rhonda Bushkin Western Governors University | ABC Toy Company | Memo To: | The CEO | From: | Rhonda Bushkin - Manager, Elementary Division | cc: | Legal Department | Date: | September 28, 2014 | Re: | Employee X’s Constructive Discharge Claim | | | Background: It is Employee X’s claim that their religious rights were violated under the Civil Rights Act of 1964; specifically under Title VII that prohibits employment discrimination on basis of race, color, religion
Words: 1698 - Pages: 7
Compare and contrast utilitarianism and deontology. Utilitarianism is the principle that the correct form of action be taken to benefit the greatest number of people. Deontology is defined as the area of ethics involving the responsibility, moral duty and commitment. Both utilitarianism and deontology deal with the ethics and consequences of one’s actions and behavior despite the outcome. To contrast utilitarianism and deontology, utilitarianism summarized is making the right decision followed
Words: 372 - Pages: 2
seems that there is a bailment as the possession and control of Rusty was transferred to Clifton, but not the ownership of the dog. The bailment appears to be gratuitous as the boys were friends. Therefore Clifton will be obliged to satisfy a higher duty of reasonable care even if the bailment is gratuitous because Clifton is a vet specialist . The obligation assigned to Clifton was to look after Rusty which he was consented to. The consent given by Clifton would have made a reasonable person like
Words: 752 - Pages: 4
Dunlap v. Tennessee Valley Authority 519 F.3d 626 (6th Cir. 2008) Jonathan Booker Business Employment Law – HRM 510 Professor Mecker February 9, 2011 Dunlap v. Tennessee Valley Authority 519 F.3d 626 (6th Cir. 2008) Review of the Case David Dunlap brought suit under Title VII of the Civil Rights Act of 1964, alleging racial discrimination by the Tennessee Valley Authority (TVA). The district court found that Dunlap had been subjected to discrimination under both disparate treatment
Words: 1133 - Pages: 5
You Decide ES Review the Virginia Pollard case information located at the beginning of this project: You Decide ES. (If you click here, you will return to the face-sheet of the project area. To return to this page, click the Beginbutton again. You can do this all week.) To do well on this project, study the readings for this week and consider the work we did in Week 5. You may want to do some outside research for this project as well, reviewing recent case law on discrimination and harassment
Words: 2883 - Pages: 12
Many people have been treating the bail hearing of Oscar Pistorius as if it were a trial, jumping to conclusions about whether he will be found guilty of murder based on the (often untested) allegations made by both sides at this hearing. But those who think they know what the outcome of this trial will be, are probably still going to change their minds several times before the trial is over. The only thing we can be relatively certain of is that specific legal principles will play a decisive role
Words: 1318 - Pages: 6
Occupy Wall Street Professor Sanjib Guha Business Ethics November 12, 2012 Occupy Wall Street Many Americans have wanted to take a stand against the corruption that occurs within big business, banks, and Wall Street. It was not until September 2011 that people band together to take a stand in Liberty Square, which is located in Manhattan’s Financial District (2012). This movement started with many passionate people that would no longer hold their silence. Having to deal with an economy
Words: 1539 - Pages: 7
the basis of race, color, religion, sex or national origin." (Title VII 42 U.S.C. § 2000e-2, 1964)2 The burden of proof will shift from the Employee to ERTL Toys if the Employee can provide evidence supporting a prima facie case. To support this argument, an employee proves a prima facie case of religious discrimination by showing that the employee: “(1) has a bona fide religious belief that conflicts with an employment requirement; (2) informed the employer of this belief; and (3) was
Words: 841 - Pages: 4
of responsibility is displayed when Gipson’s wife is seen in court with an intention to be the one taking care of the children in Oregon. Conscience comes to Gipson and Gavin come together to help each other achieve their respective intentions. Prima facie obligation is seen in the part where Gavin feel that he owes Gipson and hence goes with an explanation to the wife. Moral principles are seen when the two characters Gipson represents Gavin in court and a professional codes of conduct are also displayed
Words: 346 - Pages: 2
