...The Age Discrimination in Employment Act of 1967 was established “to prohibit discrimination in employment on account of age in such matters as hiring, job retention, compensations, and other terms and conditions of employment” (Schuster and Miller, 1984, p. 64). The act also states that discrimination is not allowed if the applicant in the age range of 40-70 years of age (Schuster and Miller, 1984, p. 64). Under the enactment of this law, a company must analyze and form a final decision based on all qualifications of the applicant, but must not judge or discriminate on the applicant because he/ she is older than 40. Implying that an employee over 40 is not capable of performing a job or that the employee is not the appropriate age to market...
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...The Age Discrimination Act of 1967 or ADEA is a federal law that protects employees 40 years and over from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms of employment. This means that any employer who is hiring, firing, or promoting can not deny a job opportunity, job you’re currently at, or job position based on the fact of your age. It protects employees in the workplace from potential and future workplace misconduct from employers. Furthermore, the need for the Age Discrimination Act of 1967 was created to promote employment of older persons based on their overall ability rather than age. It was also created to help employers and other workers find ways of facing problems due to the impact of...
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...of a finding of misrepresentation is the contract is voidable which means that the contract exists but it can be set to aside by the representee. The solution available depends on the type of misrepresentation, but generally consists of recession and or damages. In some circumstances the right to rescind the contract can be lost. The law that relates to misrepresentation is found in common law with the misrepresentation Act 1967. There are 3 types of misrepresentation: innocent misrepresentation, negligent misrepresentation and fraudulent misrepresentation. Once it has been established that a false statement was made and that it induced the contract, it needs to be decided what type of misrepresentation it is in order to determine the available remedy which can be any of the previously stated misrepresentations. Innocent- this is a false statement which the person makes honestly believing it to be true. The remedies available are either: rescission with an indemnity, or damages in lieu of rescission under the courts discretion in s2 misrepresentation Act 1967. Fraudulent misrepresentation-...
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...considered a representation and not a term the innocent party may sue on the basis of misrepresentation; if the declartion turns out to be a false statement of fact and not just of opinion (Bisset v. wilkinson [1927]). The salesman guarantees that the car has no defects and Jhon does not need to inspect it, If the salesman was not in a position to know better this statement could be considered a statement of opinion and Jhon would not be able to claim any remedies for negligent or fraudulent misrepresentation if the car he bought had any defects, but could sue on the basis of innocent misrepresentation if the sales man could prove that on entering into the contract he belived the statement to be true (Misrepresentation Act 1967) and under section 2(2) of the act it would be up to the courts to decide if damages should be awarded or if the innocent party could put an to end the contract, which would put the parties in a position before the...
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...FMA 1967 vs OSHA 1994 The Occupational Safety and Health Act 1994 (OSHA 1994) is the overall legislation in respect of safety and health and the current law on Factories and Machinery Act 1967 (FMA 1967) shall be maintained as the technical aspect of safety legislation. (Tan K.H., 1995) The Occupational Safety and Health Act 1994 (OSHA 1994) which is based on the concept of self-regulation places the responsibility to ensure safety and health of workers on those who create the risk (the employers) and those who work with the risk (the employees). This legislation was made considering the fact that the Factory and Machinery Act 1967 only covers occupational safety and health in the sectors consist only 24% of the nation's total man power, while OSHA 1994 would cover 90% of the nation's total man power. (Azahar, 2013) The Occupational Safety and Health Act 1994 encourage constant active consultation and co-operation between employers and workers in the fulfillment of each other's duties and responsibilities in relation to Occupational Safety and Health. The Act's objectives would be achieved through a new approach which revolves around the conviction that a workplace will have an excellent chance of attaining a good standard of Occupational Safety and Health if it has a good Occupational Safety and Health management system supported by the workplace's top-level management. This Act was gazetted on 25th February 1994 and may be cited as the Occupational Safety and Health...
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...HIST 3335 The European Reformation Research Essay Submitted by: Terra Fillmore (201470549) Submitted to: Dr. David Clemis Bissett School of Business Mount Royal University April 12, 2013 The beginning of the 16th century marked a time in which the Roman Catholic Church controlled a large portion of the political, social, and religious influence in Europe. During this century individuals within the Church were looking towards a more pure and simple Christian lifestyle, but in doing so would have to work against the Church. England, in comparison to the rest of Europe, was more so isolated and distant and while Protestantism grew in the European society it took a far different shape in England. This was because England retained much of the principles and the practices of Catholicism. In addition, whilst the Reformation that took place in Europe was brought on by religious differences and ideals, its basis in England was one of personal and political change. The Reformation in England was centuries in the making and resulted from many merging forces. It was in the 1530’s that the statutes of Henry VIII began to collate an official break from the papal authority of Rome. The 16th century proved to be a boisterous period in the history of England. The uncertainty associated with the stability and religious beliefs of the government were crucial factors in the unclear identity of England until the 1600's. As is often the case with defining periods in history, timing...
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...affluence of the 1950s is proven by the proportion of homeowners in England and Wales rising from 31% to 44% between 1951-60, representing vast economic growth. Many politicians, particularly those on the Left, believed that ‘the affluent society was directly responsible for the permissive society’. Rising affluence occurred amid the re-emergence of Conservative values in the post-World War Two period, with Brown claiming that ‘the 1950s were about perfecting Victorian values’. The conservatism of the 1950s gave the 1960s a cause for rebellion, creating the unique conditions for permissive legislation to be passed. This paper will focus on acts passed between 1967-1970, including the Abortion, NHS (Family Planning) and the Sexual Offences Acts of 1967, the Divorce Reform Acts (1969), and in 1970 the Matrimonial Property Act. These permissive acts symbolised the breakdown of Victorian and Christian morals, particularly surrounding the family, thus causing social change. Politicians from the era debated how far social change was caused by legislation, with Left-wing politicians questioning how permissive the legislation really was. Marwick claims that ‘it is a mistake to concentrate on politics and changes of government’ as social movements ‘continued largely irrespective of the political complexions of government’....
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...Detention can be defined as an act of restricting a person’s liberty. Generally and for the purpose of the present project, the state is considered authority to do so. In each and every state, there are some guidelines regarding detention. So it can be said that, illegal detention is unjustifiable deprivation of person’s security and liberty, by the state in the form of wrong arrest, suspicion etc. Illegal detention leads to severe human rights violation such as violation of right to life. Traces of detention can be found in all legal systems existing in the world which is evident by reflection of detention in numerous international and regional treaties. For example Convention Relating to the Status of Refugees (1951) and...
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...special heed to applicable federal employment laws that may or may not have been violated. Situation A: Briefly, the company did not violate federal employment law regarding the Family and Medical Leave Act of 1993. Mr. John Goodworker requested and was properly granted leave to care for his wife who had just given birth prematurely to twins. Mr. Goodworker had been with the company for more than one year and so was eligible for FMLA (Family and Medical Leave Act) coverage. He experienced two qualifying events: the birth of a child and the care for a spouse who has a serious health condition (premature delivery). Mr. Goodworker returned to work after 11 weeks and was granted his FMLA-protected former job at his former pay rate. Mr. Goodworker requested but was denied back pay for his absence as he had not accumulated sick leave or vacation leave to cover those 11 weeks. Following is an excerpt of FMLA regulations, posted in break rooms per FMLA section 109 (29 U.S.C. § 2619) requiring FMLA covered employers to post the text of this notice. These regulations clearly state that up to 12 weeks of covered leave is unpaid and that justifies our refusal to pay for his 11 weeks of missed work: The employee rights and responsibilities under the Family and Medical Leave Act of 1993 and published by the U.S. Department of Labor Wage and Hour Division, WHD Publication 1420, Revised February 2013 and posted in the employee break rooms clearly state that companies like ours must...
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...Business Law Labor and Employment Law Situation A Situation A is a violation of the Family and Medical Leave Act. The act clearly states that your employment may be held for the legally indicated amount of time but without compensation. Employee A’s time off from work falls within the scope of the guidelines that are defined within the act & his return to work at his previous rate of pay also falls within the scope of guidelines included in the act, but the request of the 11 weeks of withheld salary is not allowed for the employee in the acts guidelines. The guidelines in the act spell out and clearly state that ”the FMLA mandates unpaid, job protected leave for up to 12 weeks a year” for multiple reason including but not limited to, “to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care”. The act also clearly states that it requires for employers to provide FMLA act protection for employees that have worked for the employer for at least 12 months (not necessarily a consecutive 12 months). Employee A may return to his job, at this previous rate of pay but he may not be approved to be given the withheld pay for his time off of work. Situation B Situation B is a complete violation of the Age discrimination Act of 1967. The act clearly states that it was created with the intent to prohibit age discrimination in employment. Employee B was cited for doing above average...
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...subsequent consequences for the individuals and society. These classics generated the basis for the typical sociological type of thinking; seeing the connections between major changes in society and the individual acts and living conditions. In short term - sociology is both the study of individuals and the society as a whole. As a newcomer to the special field of sociology, I find the term of sociological imagination as the most applicable and understandable term to understand the complex and broad field of sociology. Thereby i state my thesis: Is social imagination the best and simplest way to understand the field of sociology? Sociological imagination was coined by C. Wright Mills (1959) as the process of linking individual biographies to the larger social contexts. By this perspective one can say that the sociological imagination can help explain humans and society by seeing "the human in society and the society within humans". According to Peter Berger this connection can be portrayed by thinking that: "Every individual biography is an episode within the history of society" (Berger 1967; 3). "Society is a dialectic phenomenon in that it is a human product, and nothing but a human product, that yet continuously acts back upon its producer" (Berger 1967; 3). By this Berger puts in words the common sociological notion that society is human made (as for the term itself), and how all humans are a part of their own...
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...The Clean Air Act James Huckabone ENV/320 9/10/2012 Siroos Mostaghimi The Clean Air Act The Clean Air Act was established in 1970 when the United States government decided to a more drastic role in protecting the countries air from unwanted pollution. There were a few amendments to the Clean Air Act in the following years to come, one being in the year 1977 and the other coming in 1990. Although having control over pollution did not just start in 1970 the United States Government stated with a clean act in 1955 which started paving the way for today’s Clean Air Act.(EPA) In the year of 1955 the United States enacted the first pollution control act this act was called the Pollution Control Act of 1955. This act was the first federal regulation for air pollution and the Pollution Act of 1955 also gave funding to help find the main sources of air pollution that was contaminating the air. Before the federal government enacted this act there were several state and local regulations to help with pollution control.(Encyclopedia of Earth) Next came the Air Quality act of 1963, The Air Quality Act of 1963 was an act that authorized a national program to address pollution related environmental problems.(EPA) The act also helped expand research into air quality. One of largest benefits to the Air Quality Act of 1963 was the control of automobile emissions. The controlling of automobile emissions came through an amendment to the Air Quality Act of 1963. This amendment...
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...This condition is covered under the family medical leave act. Because our company has more than fifty employees, this particular employee is entitled to coverage under the FMLA as long as the employee has been employed for the past twelve months and worked at least 1250 hours. The employee was granted the leave by their immediate supervisor as directed by the FMLA. Upon his return the employee requested eleven weeks of salary that was withheld for the time they were gone. The employee’s immediate manager placed the employee in his previous job with the same salary but denied the withheld salary request. Under the provisions of the FMLA the supervisor was correct in denying the individual their request for the withheld salary. The following is an excerpt from the United States Department of Labor website: The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. (“FMLA”, n.d., para. 1) The supervisor made the right decisions in this case and complied with the FMLA. In situation B an employee who is sixty eight years old was denied a promotion based on their age. Another employee who is thirty two years old with a worse performance review was promoted instead. According to the Age Discrimination in Employment Act of 1967: SEC. 623. [Section 4] (a) Employer practices It...
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...Situation A Facts of Situation A as it pertains to the Family and Medical Leave Act of 1993 (FMLA). • • • • Employee A has been employed for over 1 year Employee A was on extended leave due to the birth of a child Company X has more than 50 employees New Manager agrees to return Employee A to previous job and pay, denying pay for time off The FMLA states that an employee can be on extended leave up to 12 weeks without pay as long as certain provisions are met. In reviewing the facts of this situation, there are additional questions that must be answered in order to definitely determine if a violation of FMLA exists. As the previous manager has left the company, records will need to be reviewed to insure that the employee was given the proper notice concerning his rights under FMLA as required by law. Are the rules for FMLA posted in the office where Employee A worked? Did the former manager properly notify Employee A that the leave was going to be designated as FMLA leave within the required five business days? If these provisions were met and can be documented, then the leave can be classified as FMLA leave and no violation exists. Situation B Facts of Situation B as it pertains to the Age Discrimination in Employment Act of 1967 (ADEA). • Employee B is over 40 years of age. • • • Employee B has been with the company for 42 years. Employee B received an “above average” rating on their last performance review A younger employee, who received an “adequate” rating, was given...
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...Labor and Employment Laws * As Director of the company I have studies the laws and provisions of the Family and Medical Leave Act of 1993, The Age Discrimination in Employment Act of 1967, and The Americans with Disabilities Act of 1990. I have further my research with these three laws to better understand the law and the company position in insuring correct and proper treatment of it. * These laws was create to protect employee’s rights and company values. Improper treatment of the law comes with damages to the company and trust of the employee. Each situation have been carefully analyzed by me and I’ve list my findings below with a little information about the law that pertains to the given scenario. * Family and Medical Leave Act of 1993 This Act was founded in 1993 and serves to give employees peace of mind to take leave of absent in particular family emergencies up to 12 weeks of unpaid leave during a 12 month period by law and be offer their same job on return or something equal to it, with the same pay and hours as they had before. One of these particular circumstances are the birth and care of a newborn. The spouse in this instance can take leave to care for his child. The employee meets the time with company, the law states he must be employed with the company at least 12 months and his record shows two years with the company. The law clearly states this provision does not apply to companies with less than 50 employees, and our company size is 75...
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