she is qualified for the job and was overlooked due to age. Based on these facts, draft a brief memorandum that outlines whether Ms. Houston will be able to make out a prima facie case for age discrimination to show disparate treatment. ISSUE The issue is whether Ms. Houston can prove sufficient disparate treatment for a prima facie case of discrimination. RULES In Murphy v. GE, 240 F. Supp. 2d 459 (US District, 2003), the court detailed the elements of disparate treatment based on age discrimination
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TO: CEO XYZ Toys SUBJECT: Title VII of the Civil Rights Act of 1964, Constructive Discharge Success in sales and marketing has resulted in an increased demand for XYZ Toys. In response to this increase in demand, a shift change was implemented for all production employees. The new schedule requires employees to work in 12 hour shifts, with four days on, and four days off, Monday through Sunday. One employee resigned from the firm, and has filed suit under Title VII of the Civil
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partnership, but re Re Ruddock, label is not decisive -S1(1) PA, this business is ‘trade’ Carried by B & C (A just provided his shop, and made a loan) In common (mutuality interest to make money?) Equally share profits & losses (Prima Facie) -S2(1)(c) (ii), a person lends money to a business where the interest rate varies with the business profits does not of itself make the lender a partner (债主不算partner) this is different from Re Megevand; Ex Parte Delahasse, the lender
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Sir, As requested, I have completed the preliminary research regarding ITC's standing and options in regards to the recent Constructive Discharge allegation brought forth by former employee # 12345. I have included a summary, with details and explanation of findings following. Summary: ITC's position is a strong one with three main points in our favor to support our stance. 1. The move to change the production shifts to a rolling 4 day model is justified through increased demand. 2. The
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(JDT) Task 1 September 6, 2014 JDT2 Task 1 To: CEO From: Elementary Division Manager Date: September 6, 2014 Subject: Response to Title VII of the Civil Rights Act of 1964 claim made by former employee. A. Constructive discharge is defined as when a worker resigns due to a hostile work environment created by the employer (elaws, 2014). This can occur when an employer makes significant changes to the terms or conditions of worker’s employment (elaws, 2014). In the case
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INTEROFFICE MEMORANDUM TO: FORD FAIRLANE CEO, TOY COMPANY FROM: DIV. MANAGER, ELEMENTARY TOYS SUBJECT: RESPONSE TO SHIFT POLICY CHANGES DATE: MAY 15, 2014 Constructive Discharge With the recent changes to the new shift work policy, some employees have expressed the sentiment that the new policy would preclude them from observing their holy days or Sabbath. In particular this change has elicited some unfavorable perceptions of the company as practicing discrimination by forcing employees
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Sexual harassment: It is unwanted behaviour of a sexual nature directed towards a man or woman. Examples include touching and stroking another person. Quid pro quo harassment is when the employer makes decisions regarding the employment of the employee based on whether he/she accepts or rejects unwanted sexual behaviour. Hostile work environment this work environment is created when the employee is constantly subjected to unwelcome sexual behaviour that negatively impacts on his/her ability to
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1. (b) What is a statement of facts? Will there be a need to support your statement of facts with exhibits, if so under what circumstances? After the plea of guilty, the court will not record a finding of guilt immediately but will ask the prosecution to provide the statement of facts of the case and to take evidence of the nature of the charge before passing sentence this to ensure that the accused understands the nature and consequences of his plea and intends to admit, without qualification
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Running Head: DUNLAP V. TENNESSEE VALLEY AUTHOIRTY Dunlap v. Tennessee Valley Authority HRM 510 Abstract In this case David Dunlap, a black man, applied for a job as a boilermaker with the Tennessee Valley Authority. Dunlap was referred for an interview by the boilermaker union as well qualified and experienced. The interview was conducted by a selection committee at the facilities location. The interview consisted of technical and non-technical questions and each candidate would receive
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"The best predictor of future behaviour is past behaviour." I totally disagree with the statement. The logic is that how he or she behaved in the past will predict how he or she will behave in the future (Psychologytoday, 2013). People can expect the future to duplicate the past. Today, people can read the headlines about failed investor and failed executives and it becomes readily apparent that past behavior does not equal future behavior. Also a weighty evidence, the pionner of Apple computer,
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