...because of their tattoos. In this society, there are simple revisions we can work towards to help protect a larger population of people because of their tattoos. People should be able to express themselves in a manner of their choosing and should not be penalized for it. Tattoo discrimination lawsuits have only been successful when the clause of Title VII for religious protections has been used. Without the involvement of religious protections, tattoo discrimination has recently fallen under the manifestation of trait discrimination. Trait discrimination has become known as a “second generation” discrimination concept for today’s society. It is when the Title VII typical protected classes are suffering from unfavorable treatment assimilated into the employment policy with stereotypical notions of traits that are culturally or statistically associated with race. A prominent source for trait discrimination is based off of a workplace dress code that designates clothing, beards, grooming expectations, hairstyles, and tattoos. Many situations concerning tattoo discrimination do not get reported in general, but if so, according to Title VII of the Civil Rights Act of 1964 there are two main details that cause an environment to be an unlawful employment practice. These details must be met for prima...
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...ruled on June 29, 2009. In New Haven city, firefighters would undergo some tests as examinations, the results of which were used to determined whether someone had qualified for promotion to either Lieutenant or captain positions. The results of these tests showed that the white candidates performed better than the other minority candidates’ i.e. the blacks. This outcome sparked uproar among black candidates and local politicians who issued threats to the City. The city then discarded the results based on racial discrepancy. The white and Hispanic candidates, who had passed the exams but were not promoted, thereafter sued the City officials for throwing away the results basing their action as discrimination against their race according to Title VII of Civil Rights Act (1964). This racial discrimination case brought by the Hispanic and White firefighters was used by Ricci to challenge the decision reached by New Heaven’s city officials to use examination results to offer promotion to the firefighters. The much disputed examinations had the following procedures. The City’s rules for firefighters promotion was divided in to either the merit system or the firefighters union’s agreement. The merit system required the vacancy position be filled by one of the top three candidates who passed the examinations. The Union’s agreement required the tests to be both written and oral, with 40% of the score related to oral test and 60% on the written test. With the two agreements an independent...
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...experience, education and previous job training that an individual has held to determine their pay. However, we have seen other issues that do not even apply to that. The “Equal Pay Act” was created so no one in the working lifestyle would be or could be discriminated against for any reason pertaining to the job and their pay. In a world full of opportunities, no one expects to go into somewhere and not receive the correct pay due discrimination which is illegal and unfair in many aspects of life. The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. (http://www.eeoc.gov/laws/types/equalcompensation.cfm). Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance,...
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...Title: Violence in the media affects teens General purpose: To persuade my audience to start reacting against violence in media. Specific purpose: pros and cons of violence in the media affecting teens. INTRODUCTION I. The effects violence in the media has on children and teens' brains. After exposing adolescents with both aggressive and nonaggressive behavior to large amounts of media violence, researchers found a decrease in brain activity among all exposed to the violence. II. Today I want to urge you to don’t allow your children to watch any program on television that contains violent material. BODY III. Individuals exposed to large amounts of violence are using less brain function, causing a decrease in attention span and an increase in aggressive behavior. A. Aggressive behavior within society may drive the desire for violence on television. B. media violence exposure may be associated with alterations in brain functioning whether or not trait aggression is present IV. Both sides in the debate agree that the most influential effect on teens is the example set in the home. A. Homes with more abuse set forth an example of violence that has lasting affects on the children of those homes. B. Children who witness family violence are affected in ways similar to children who are physically abused. V. Setting examples and...
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...Abstract In today’s economy more companies are announcing that they had to systematically create some type of strategic plan to reduce the workforce in there company. The cause of reduction can be due to overstaff, slow sales, and or slow production which leads to termination. When this type of decision has to be made, it can put a heavy burden on the Human Resources Department or the Vice President of Human Resource. When making a decision to have a reduction in the workforce by terminating employees, you have to be mindful you don’t violate employment laws. This paper will discuss the recommendation of which employees to terminate based on the scenario that is given of each employee. In the given scenarios, five employees’ work ethics is given and of the five, three must be fired and two can be transition into other jobs within the company. The key is to terminate the employees without violating employment laws and give the reason for the termination. Also I will discuss any possible post termination litigation that could occur. Mike Williams is a 34 year old Asian male who has an overall performance rating of above average. With his experience and college education he, would be a valuable asset to the company. Even though the computer system he utilizes will be obsolete, additional training on a newer system would put him up to speed with his other colleagues. Mike also has no absenteeism which could indicate that he is dedicated and committed to quality work...
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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 by the Supreme Court in the 1896 case Plessy v. Ferguson, in which the Court held that racial segregation purported to be "separate but equal" was constitutional. The Civil Rights Act was eventually expanded by Congress to strengthen enforcement of these fundamental civil rights (United States Senate - Committee of the Judiciary). In the 1960s, Americans who knew only the potential of "equal protection of the laws" expected the nations political leaders and the courts to fulfill the promise and guarantee of the 14th Amendment. In response, all three branches of the federal government, as well as the public at large, debated a fundamental constitutional question: Does the Constitution's prohibition of denying equal protection always ban the use of racial, ethnic, or gender criteria in an attempt to bring social justice and social benefits (National Archives, 2012)? The simple answer is no. The Civil Rights Act of 1964 In 1964 Congress passed Public Law 88-352 (78 Stat. 241). The...
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...Alderine Holt ESL 223N 1/28/14 Mrs. Davis States voter-driven initiatives/laws relating to English language learner issues It has been a long debate and an important issue concerning English language learner from the school system to legislative forums, and there have been different policies and opinions for over forty years. Bilingual education is a method used to teach ELL students partly in their own language. The concept is that it will enhance their understanding of the curriculum and help them succeed in an English based classroom. The premise is that once the student is fairly competent in English they can progress in the classroom with their peers. Weather these programs are the best education method for ELL students this question has not been answered to address the issues concerning ELL students. The opponents of Bilingual Education believes that it is the ELL student right and need to make use of their native language to ease their transition into a English only education. The opponents also believe that the programs are hindering students’ ability to learn curriculum by keeping them in their native language too long. The Bilingual polices of today society are polices of the Bilingual Education Act of 1968 (Title VII). Congress passed the act as part of Civil Rights Title VI, which prohibits discrimination based on race, color, or natural origins in programs or activities in any program receiving federal finical assistant. The Bilingual Education Act requires...
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...Maldonado v. City of Altus 433 F. 3d 1294 Facts The City of Altus instituted an English-only policy for its employees. Hispanic employees of the City of Altus sued the City claiming that this policy was discriminatory. The US District Court granted the City’s motion for summary judgment (i.e. ruled in favor of the City without going to trial). The employees appealed. How it all started: In the spring of 2002 the City's Street Commissioner, Holmes Willis, received a complaint that because Street Dept. employees were speaking Spanish, other employees could not understand what was being said on the City radio. Willis informed the City's HR Director of the complaint, and she advised Willis that he could direct his employees to speak only English when using the radio for City business. Plaintiffs claim that Willis instead told the Street Dept. employees that they could not speak Spanish at work at all and informed them that the City would soon implement an official English-only policy. On June 18, 2002, one of the senior employees, Tommy Sanchez, wrote a letter to the HR Director and the City Administrator, Michael Nettles, expressing concerns about the new policy. Sanchez felt that employees had not been given proper notice of the new policy under the City’s Personnel Policies & Procedures Manual and proper procedures were not followed when implementing this policy. Sanchez reported that Willis had told him that Hispanics speak Spanish because of “insecurities” and that...
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...Assignment 1 - Employment-At-Will Doctrine Michelle D. Payne Professor Diana Smith, Esq. Legal 500 - Law, Ethics and Corporate Governance October 27, 2012 Describe what steps you would take to address the following scenario involving skills, competence, and abilities: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her.” Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. There are several strategies that can be used to help resolve this problem, such as performance evaluation, progressive discipline and termination (DelPo & Guerin, 2007). Resolving performance problems is one of the most important tasks of an employer or manager. In some cases, detecting a performance or productivity problem will be as simple as observing an employee and noting the subpar nature of her work. Or you might receive weekly printouts of employee productivity and notice that an employee's numbers are low. The most effective way to deal with employee performance or productivity problems is through a performance evaluation system. The performance evaluation system will foster the communication and collaboration you need to address the problem. In this instance, since the person is a...
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...Constructive Discharge Under Title VII and the ADEA Finnegan, Sheila. The University of Chicago Law Review. Chicago: Spring 1986. Vol. 53, Iss. 2; pg. 561, 20 pgs This material is copyrighted by the University of Chicago Law Review. Further electronic distribution of this material is a violation of this copyright. COMMENTS Constructive Discharge Under Title VII and the ADEA Consider two employees who are victims of sexual harrassment. The first employee is fired after she refuses to accede to the repeated sexual demands of her supervisor. The second employee is also propositioned,but considers the workingenvironmentso intolerable that she resigns before any adverse action is taken against her. Each woman then sues her employer under Title VII of the Civil Rights Act of 1964.1 Both employers may have violated Title VII.2 Even so, because of the way in which their employment was terminated the two employees may be entitled to different remedies. The first employee-who was fired-would presumptively be entitled to backpay for the wages lost after the date of firing.3In contrast, the 1 Pub. L. No. 88-352, ?? 701-716,78 Stat. 253 (1964) (codifiedas amendedat 42 U.S.C. ?? 2000e to 2000e-17 (1982)) [hereinaftercited as Title VII]. Section 703(a) of Title VII provides: (a) It shall be an unlawfulemploymentpractice for an employer(1) to fail or refuse to hire or to dischargeany individual,or otherwiseto discriminate against any individual with respect to his compensation,terms...
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...Forms of Gender Discrimination Gender-Based discrimination in the workplace refers to situations in which an employer treats an individual or group of individual employees differently, based on their gender, whether female or male. 5 Although gender discrimination in the work environment is a problem for a wide range of people, and all gender types, the most prevalent amount of gender discrimination is aimed at women. Discrimination against women In the history of the United States and other countries, women have predominately been seen as second class citizens. Women have had to fight for the right to vote, the right to have their own identities outside of the home, and ultimately, women have had to fight for their place in the work environment. This struggle still exists today, even after women gained the right to vote and even after the renowned Civil Rights Act was passed. Although the hurdle that is gender discrimination has vastly changed since the 1950’s and 60’s, it is important to understand that discrimination has a presence in today’s society. • The median annual earnings of a female high school graduate were 26% less than that of her male counterpart. 4 • The median annual earnings of a woman with a bachelor’s degree was almost 25% (or on average $16,058) less than that of a similarly qualified man. 4 • Women are more likely to complete graduate education. A woman with a master’s degree earned 25% (or on average $19,250) less than a man with a master’s degree...
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...ACTIVISTS on warring sides of the abortion debate rarely take the same position when it comes to Supreme Court cases involving women’s rights. But pro-choicers and pro-lifers have found common cause in Young v United Parcel Service, a pregnancy discrimination case the justices will take up on December 3rd. Yet the ideological overlap, while intriguing, is no guarantee that justices will reach consensus. Peggy Young was working part-time as the driver of a delivery truck for UPS when she became pregnant in 2006. Ms Young’s midwife, frowning on the requirement in her job description that she haul 70lb boxes, wrote a note to UPS recommending that “she not lift more than 20 pounds." On this basis, Ms Young requested a few months of a lightened load. Other UPS employees were eligible for such an accommodation, she reasoned, so she wasn’t asking for anything out of the ordinary. Workers who were injured on the job, who were disabled under the terms of the Americans With Disabilities Act, or who lost their driving credentials were all eligible (under the collective-bargaining agreement) for “light duty” assignments. But Carolyn Martin, the company’s occupational health manager, rejected Ms Young’s request. Since pregnancy did not fall into any of the three categories of workers eligible for alternate assignments, UPS would not switch her to a less physically onerous job. Ms Martin "empathise[d] with [Ms Young's] situation and would have loved to help her," but sent her packing on...
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...Components of a Diverse Workforce Mark A Kulpa Mid-Continent University M14 DL22 Human Resource Management Professor Edward Hogg 29 December, 2013 Components of a Diverse Workforce Having a diversity workforce can be beneficial for any organization. Not only does it bring people from different cultures together but can bring new ideas that could help a company be more productive. Different cultures may go about problem solving in different ways which could result in thinking “outside the box”. Multinational businesses often have a great deal of diversity in their workforce usually due to their size and geographical locations. A diverse workforce can make an organization stronger and give it the ability to better provide the needs of their customers. We will look at laws affecting equal employment opportunity, components that make up a diverse workforce and uniform guidelines on employee selection procedures. Diversity is not only people from different cultures but can women, single mothers, people of color, older workers and those who are disabled. We learn in the bible that God does not take sides when it comes to race. In Galatians it is stated “There is neither Jew nor Greek, there is neither bond nor free, there is neither male and female, for ye are all one in Christ Jesus” (Galatians 3:28, KJV). Today in the United States there are many employment laws that protect working Americans. But this was not always the case. According to Walsh (2010) at the...
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...the ever-widening domain of Health Care Ethics. He or she must present a brief history of the topic, a description of the problem(s) arising from it, ethical arguments (both pro and con), and a well-reasoned solution/conclusion to the problem. For the purposes of this paper, it is advised that students choose a topic that has been the cause of an ongoing debate. all academic resources, no websites such as Wikipedia.org, or .com websites) and class resources , the student will develop a 10 page paper (APA 1 inch margins, 12 point font, Times New Roman, and spacing per APA guidelines) presenting the history of the topic, in depth description of the problems arising within the topic, arguments pro and cons, current state of the debate, and will conclude with a personal informed opinion. A minimum of 7 sources (most of which must be journal articles) must be used for this paper, regardless of page #'s written. You will be turning in this paper to the assignment box. The following topics are NOT allowed for the final paper: Abortion, Stem Cell Research, and Physician Assisted Suicide. Google 'health care ethics debates' to give you some topic ideas. Be certain to turn all documents in Microsoft Word (either 2010 or 2013 as either a .doc or .docx file) There are three basic assumptions that should be met for the successful completion of a good paper. First, the student must possess the intellectual ability, curiosity and investment in the topic. If you do not choose a topic...
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...discriminate against workers on the basis of race, color, religion, national origin, gender, age, or handicap. This chapter concludes the discussion of the law relating to the employer-employee relationship by focusing on employment discrimination and related areas. The approach examines two spheres of this topic. First, the statutory framework for a number of federal laws is examined. Not surprisingly, the first statute addressed is Title VII of the 1964 Civil Rights Act. This statue covers discrimination based on race, color, national origin, sex, and religion. Following the presentation of Title VII, the chapter discusses the Age Discrimination in Employment Act and the Americans with Disabilities Act. A discussion of the legal aspects of harassment concludes the chapter. A class of persons defined by one or more of these criteria is known as a protected class. Several federal statutes prohibit employment discrimination against members of protected classes. The most important is Title VII of the Civil Rights Act of 1964 and its amendments. Title VII prohibits employment discrimination on the basis of race, color, religion, national origin, or gender. Discrimination on the basis of age and disability are prohibited by the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990, respectively. The focus of this chapter is on the kinds of discrimination prohibited by these federal statutes. Discrimination against employees on the basis of any of...
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