...of life, liberty, or property, without due process of the law." The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Diff: 2 Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 2) The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held that it bars racial discrimination. A) First B) Fifth C) Tenth D) Thirteenth E) Fourteenth Answer: D Explanation: The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that "no person shall be deprived of life, liberty, or property, without due process of the law." Diff: 2 Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 3) The 13th Amendment to the U.S. Constitution addresses the subject of ________. A) due process B) slavery C) private property D) trial by jury E) women's rights Answer: B Explanation: The 13th Amendment to the U.S. Constitution abolished slavery and courts have held that it bars racial discrimination. The 5th Amendment addresses due process, and the 6th Amendment requires a trial by jury. Diff: 2 Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 4) The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. A) Fifth Amendment B)...
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...the U. S. Equal Employment Opportunity Commission (EEOC), these three things are put in place and enforced by the Federal laws to protect employee rights. With these things in place for the employee does it mean that common sense and compassion in the work place has been replaced by litigation in today’s society? The legal side of the EEOC was put in place to protect employees, to enforce Federal laws prohibiting employment discrimination. Unfair treatment of an employee based on their race, color, religion, age (forty and over), national origin, sex, (including pregnancy), disability or genetic information (EEOC.gov). Also protects the employee from any retaliation by the employer if the employee has complained about job discrimination, or the employee has assisted with an investigation or lawsuit filed by an employee. The EEOC is a legal resource for any employee who feels that they have been discriminated against in any way shape or form, the employee can place a complaint with the EEOC and the complaint will be investigated to see if there is any truth to it or if the employee is just mad because they were released from their place of employment for something other than discrimination. On the safety side of the EEOC it is seems like a simple concept safety. Safety is the first thing all employers should look at and understand that safety is top priority for any job and all employees. Employers who understand this concept also understand that their employees are their greatest...
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...EEOC Impact on Small Businesses Southern New Hampshire University MBA 610 Business Law Unit 2-3 Short Paper Dr. Sheed W. Dahar II By Thomas W. Scalf EEOC Impact on Small Businesses Lawmakers realized a need for laws specifically designed to protect American workers. Over the years numerous laws and acts have been enacted to protect the Civil Rights of employees. The passage of these laws warranted the creation of an agency to regulate and enforce these laws. The Equal Employment Commission was established and tasked with the compliance monitoring and enforcement of these laws. However several areas of these laws created hardships on small businesses, which required the EEOC to treat small businesses differently than their larger counterparts. The small business fact sheet outlines the federal laws that are enforced by the Equal Employment Opportunity Commission (EEOC). The employment laws that fall under the EEOC jurisdiction would include: Title VII of the Civil Rights Act of 1964, Age Discrimination, Equal Pay, Americans Disability Act Titles I and IV (Small Business Fact Sheet, 2015). These laws protects American workers from being discriminated against on the basis of race, religion, age, sex, or nationality. Policy makers realized the extensive cost to businesses to be compliant with the EEOC laws would greatly hamper the sustainability and growth of small businesses. Also knowing that small businesses make up almost half of the economic landscape and generate...
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...many benefits that small businesses can offer that deserve the extra attention our government is offering. Laws that describe on the EEOC are part of what our government is exercising in supporting these small businesses. When dealing with small businesses, consumers can receive customized customer services as well as the human interaction that otherwise lack from a big corporation. At the same time, small businesses are more likely to give back to the communities, which in turn, would enhance the living value for the surrounding areas ("Why You Need to Support Small Businesses". Forbes). Without the government's support, small businesses will not have the necessary power and resources to compete against the big corporations. The laws that are being listed on the Equal Employment Opportunity Commission (EEOC) are just as crucial as anything our government can offer small businesses. The Equal Employment Opportunity Commission (EEOC) enforces a variety of different federal laws to protect employees and prospective employees against employment discrimination. These laws are included "Title VII of the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), titles I and V of the Americans with Disabilities Act, as amended (ADA), and title II of the Genetic Information Nondiscrimination Act of 2008 (EEOC, Laws-Regulations & Guidance-Statues, 2015)." These laws were created to prohibit and eliminate employment discrimination "based...
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...workplace discrimination claims based on race filed at the Equal Employment Opportunity Commission (EEOC) have reached record highs within the last three years. In 2010 alone, there were 93,727 charges reported to the EEOC . This article will review current law regarding discrimination by employers. It will determine if these laws are effectively preventing or reducing discrimination in the workplace. Finally, this article will explore what changes, if any, should be made to the law. I. Relevant Law Title VII of the Civil Rights Act of 1964 is intended to make illegal discrimination by an employer based on race, color, sex, religion, or national origin. Title VII applies to employers who have at least fifteen employees. Originally, the minimum was twenty-five employees until the Equal Opportunity Act of 1972 reduced the number to fifteen. The most recent modifier of Title VII is the Civil Rights Act of 1991 which kept the employee minimum at fifteen but allowed for monetary damage awards for victims of discrimination. The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing Title VII. Title VII also says that equal employment opportunity cannot be denied because of marriage to or association with an individual of a different race, association with ethnic based organizations, or other cultural practices linked to race. A. What is discrimination? The EEOC defines discrimination as an employer using intentional acts...
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...preparation of responses against the charges of EEOC Per our earlier conversation it has been brought to my attention that a sexual harassment charge was recently filed with the Equal Employment Opportunity Commission against Elora Jean & Company by two of our female employees. Both employees’ are employed in one of our nonunion satellite offices, where they have been subjected to several occurrences of unwelcomed sexual advances by one of their male supervisors. Both employees have advised that despite reporting the unwelcomed advances made by the supervisor, no action has been taken in regards to the supervisor and the harassment has continued for 3 more months. Since nothing has been done by the employer in regards to their initial complaint, they were left with no other choice than to think that the company was not going to do anything to rectify the problem so they decided to file a claim with the Equal Employment Opportunity commission about the continued incidences of sexual harassment that have been occurring at the work site. As a company we are required to submit a response to the claim filed by the two employees in regards to the charge of sexual harassment. In order to file a substantial response, Elora Jean & Company will need to conduct a thorough investigation of the claim to ascertain the validity of the claim. Prior to initiating the investigation process it is very important that we completely understand the concept of sexual harassment, the legal provisions...
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...MGT 434 Week One The Legal environment of employment Introduction This week you will begin the exploration of the legal environment in which the employment relationship functions. This exploration will include a look at how our federal system of government works relative to the passage of statutes, and how federal and state jurisdictions relate to one another, thereby determining which statutory system applies to which circumstances. Additionally, the relationship of statutes, regulations, and court case law will be analyzed to understand the manner in which they work together to define our laws. There will also be a review of the regulatory and civil litigation processes to ascertain how an employment grievance, such as discrimination, is handled within our legal system. Week in Relation to the Course Employment laws are promulgated by legislative and regulatory action and court rulings with the intent to provide equitable workplace opportunities for employees, as well as a productive, safe and healthy work environment. This course covers the laws that are in place in our society that attempt to accomplish this purpose, and the implications of these laws for both employers and employees. Obviously, for laws or regulations to accomplish this objective, they must be enforceable. While this is elementary, and generally understood by members of our society, the manner of enforcement is not as readily understood. And, the manner in which the laws and regulations are created,...
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...diversity (4th ed.). Upper Saddle River, NJ: Pearson. Schaefer, R. T. (2011). Racial and ethnic groups (12th ed.). Upper Saddle River, NJ: Pearson. All electronic materials are available on the student website. |Week One: Workplace Diversity | | |Details |Due |Points | |Objectives |Recognize the dimensions of diversity. | | | | |Differentiate the concept of inclusion from the concept of diversity. | | | | |Describe diversity and inclusion in the...
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...Running Head: RELIGIOUS DISCRIMINATION IN HIRING Religious Discrimination in Hiring Religious Discrimination in Hiring The initial concept for this paper was to research and examine reverse discrimination in hiring practices by businesses owned by members of the Church of Jesus Christ of Latter-day Saints (LDS) in Utah County. I was trying to find research regarding LDS member owned businesses and preferential treatment to other LDS members when hiring. Through the process of this research I realized that my question was skewed, it wasn’t reverse discrimination at all. The population of Utah County consists of 97.5% members of the LDS church, and 88.7% of the population adheres to the LDS church (The Association of Religion Data Archives, 2010). In this context I will examine the preferential hiring practices of adherent religious member owned businesses when recruiting potential employees. Religion is a protected class, and discrimination of a protected class is a primary concern for the human resource industry. The importance of discrimination laws to human resources comes from a number of reasons: Out of motives ranging from concern for fairness to the desire to avoid costly lawsuits and settlements, most companies recognize the importance of complying with these laws. Often, management depends on the expertise of human resource professionals to help in identifying how to comply. (Noe, Hollenbeck, Gerhart, & Wright, 2011, pp. 72-73) A company found in violation...
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...Additionally, employers may choose to overlook the practice of genetic screening all together. However, this outcome could possibly lead to a number of employer liability concerns such as; increased health insurance costs, violations of the Occupational Safety and Health Administration, etc. With the rapid development of genetic technology on the rise, employers today are faced with an overwhelming dilemma. BNSF Subjects Employees to Genetic Test In April 2002, railroad giant Burlington Northern Santa Fe Railway (BNSF) found itself in a perilous legal confrontation with the Equal Employment Opportunity Commission (EEOC). Burlington officials had admitted to subjecting their employees to genetics tests. BNSF’s practice of genetic screening proved to be an extremely costly mistake. On May, 6, 2002 Burlington Northern finally settled its lawsuit with the EEOC. Burlington walked away owing $2.2 million to thirty-six employees were subjected to genetic tests by their employer. Thirty-six Burlington employees walked away with $2.2 million. This case was the first of its...
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...|[pic] |Course Syllabus | | |College of Humanities | | |SOC/315 Version 4 | | |Cultural Diversity | Copyright © 2010, 2005, 2004 by University of Phoenix. All rights reserved. Course Description This course focuses on the issues, challenges, and opportunities presented by U.S. population diversity. Workplace issues related to employee diversity in terms of gender, race or ethnicity, socioeconomic class, and cultural background are emphasized. Policies Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently...
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...a. Explain how constructive discharge as a legal concept is relevant to the scenario. Under Title VII and the ADEA, a constructive discharge occurs if an employee resigns their position after being subjected to unlawful discrimination then the resignation may be found to be a “constructive discharge”. Most constructive discharges take place when employees resign because their employer's behavior has become so intolerable or made life so difficult that the employee has no choice but to resign. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. In our scenario a production employee X insist that we have discriminated against him because we require that he work on a religious holiday. We have mandated that all production employees are required to work shifts that cover each day of the week based on manufacturing demands and financial considerations. If we change the policy for 1 employee we would also need to change it for all production employees or we could be open to discrimination complaints. Consideration for all production staff to excuse them days of religious celebrations would cause significant difficulties in staffing manufacturing lines and keeping up with productivity goals resulting in lost revenue and expenses. Regulations covered by the EEOC (Under Title VII of the Civil Rights Act of 1964) do include policies...
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...Diversity in the Workplace When we think of diversity we may think of different colors of skin, or maybe different backgrounds of origin. However diversity is so much more. In historic times white men where the world’s leaders, within the workforce. There are some who helped shape our managerial environment. We had great men like Maslow who was the father of hierarchy of needs. Which is a theory in psychology which subsequently extended the idea to include his observations of humans' innate curiosity. With this theory we understood the needs basis for the blue collar employee, and how to communicate from the bottom to the top. We also had others like Frederick Taylor, father of scientific management, with scientific management we were able to understand what it meant to be a top manager, and how to communicate with the employee. Henri Fayol, was another contributor of the idea of human resources, and the managerial world, he was the early proponent of general principles of management. With these men they shaped the idea of what was proper management, and what the work environment needed. With them they brought forth new ideas, and these ideas brought forth the movement of diversity. With diversity becoming more of a norm within the working environment, and fewer whites moving up in the ranks of companies, and businesses. The workforce started to change with the introduction of women in the workforce, and other cultures being involved, when the market began to globalize. ...
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...a. Explain how constructive discharge as a legal concept is relevant to the scenario. Under Title VII and the ADEA, a constructive discharge occurs if an employee resigns their position after being subjected to unlawful discrimination then the resignation may be found to be a “constructive discharge”. Most constructive discharges take place when employees resign because their employer's behavior has become so intolerable or made life so difficult that the employee has no choice but to resign. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. In our scenario a production employee X insist that we have discriminated against him because we require that he work on a religious holiday. We have mandated that all production employees are required to work shifts that cover each day of the week based on manufacturing demands and financial considerations. If we change the policy for 1 employee we would also need to change it for all production employees or we could be open to discrimination complaints. Consideration for all production staff to excuse them days of religious celebrations would cause significant difficulties in staffing manufacturing lines and keeping up with productivity goals resulting in lost revenue and expenses. Regulations covered by the EEOC (Under Title VII of the Civil Rights Act of 1964) do include policies...
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...black employees that did not pass were excluded from the remaining selection process to become permanent supervisors (Connecticut v. Teal, 1982). These employees filed lawsuit against the State of Connecticut in Federal District Court alleging that, “petitioners had violated Title VII of the Civil Rights Act of 1964 by requiring, as an absolute condition for consideration for promotion, that applicants pass a written test that disproportionately excluded blacks and was not job related (Connecticut v. Teal, 1982). Prior to the case going to trial, the petitioners promoted 22.9% of the black candidates and 13.5% of the white candidates from the eligibility list. Due to these promotions, the employer felt that by applying the bottom line concepts, the black employees had been more favorably promoted. The District Court sided with the employer and ruled that the “bottom line” percentages were more favorable to blacks than whites and precluded a Title VII violation (Byars & Rue, 2008, p. 33). The Court’s Ruling On June 21, 1982, in the case of Connecticut vs. Teal, the Supreme Court held that, An employer is liable for race discrimination where any part of its selection process, such as an examination, has a disparate impact on black applicants or employees, even...
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