...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
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...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
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...Hernandez Raytheon Company v. Hernandez. This case was argued on October 8, 2003 and decided on December 2, 2003 dealing with the Disparate Treatment. Disparate Impact occurs when someone is treated differently, regarding the terms and conditions of the workplace, because of their sex, color, race, religion, physical or mental disability or age. In this court case employee, Joel Hernandez, from the Raytheon company had tested positive for cocaine usage. With the fear of being rejected from his employment, Joel had quit his job because he knew that he had violated petitioner Raytheon Company's workplace conduct rules. Another reason for why he resigned was based on the fact that the petitioner would have eventually fired...
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...LIT1 Legal Issues for Business Organizations TASK 2: Labor and Employment Law September 17, 2014 ATTN: Requestor, SVP of Ops SUBJ: Compliance Review; Report of Findings Thank you for bringing the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below. ------------------------------------------------- SITUATION A FACTS OF CASE | FMLA GUIDELINES | RELATION OF FACTS TO GUIDELINES | Company has more than 75 employees | In order for employee to be eligible, company must have a minimum of 50 employees working within a 75 mile radius of the plant. | The company is covered and is required to abide by the Family Medical Leave Act of 1993 when considering a leave request by an eligible employee. | Employee has been employed at the company for 2 years. | An employee must have worked for a covered company at least 1,250 within the past 12 months in order to be eligible for unpaid leave and job protection under FMLA. | Employee meets eligibility requirements for up to 12 weeks of unpaid leave under the Family Medical Leave Act of 1993. | Employee was granted sudden leave upon request due to the birth of his children. | Eligible employees are entitled to parent bonding time after the birth of their child(ren). | Employee gave notice and was granted leave to bond with his children. | Employee’s duration of leave was 11 weeks. | Eligible employees are entitled...
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...Introduction The Americans With Disabilities Act (ADA) is a law that was enacted by the United States Congress in 1990. The law aims to prohibit discrimination against people with disabilities in the areas of transportation, communications, governmental activities, public accommodation, and employment (Retrieved from http://www.ada.gov/ada_intro.htm). Employers that have 15 or more employees are prohibited from discriminating against those with disabilities by Title I of the ADA (Retrieved from http://www.dol.gov/dol/topic/disability/employersresponsibilities.htm). The stipulations in employment related matters of the ADA have the following requirements: 1. Equal Opportunity in selecting, testing, and hiring qualified applicants with disabilities...
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...employment. Often these youth are plagued by physical and mental disabilities that will give them a harder road than someone applying for the same position. The U.S. Census Bureau says that about 49.7 million Americans have a disability. Those with a physical disability were 9.4 percent, mental disability was 5.6 percent for people age 16 and older, and 6.9 percent had an employment disability (census.gov). When youth leave facilities were they have been groomed and ultimately institutionalized, they are stuck without skills that will help them obtain employment and be able to compete in today’s society. The research in this paper will explore the laws that protect those with disabilities and how they may be improved to provide them with equal employment opportunities. These youth put so much of their self-worth into having a job but are often discriminated against. Getting up and being involved in a working society puts forth an image of belonging as so many times in their past they have been shunned aside and made to feel inferior by those most important to them. Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability (eeoc.gov). The negative portrayal of those with mental disabilities is what habitually causes them not to obtain employment. Employers...
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...employment laws for Mr. Stonefield’s Landslide Limousine Company and there are four laws that I will outline for Mr. Stonefield to consider complying with in his new business venture. I will discuss in this memo the Civil Rights Act of 1964 regarding employment discrimination, The Americans with Disabilities Act of 1990 regarding people with disabilities, Equal Pay Act of 1963 regarding wage discrimination between men and women, and lastly the Texas Minimum Wage Act regarding the least amount of an hourly wage payable in the state of Texas. I will give a brief summary of each of the four Acts and consequences for noncompliance. Civil Rights Act of 1964 The Civil Rights Act of 1964 is regulated and enforced by the Equal Employment Opportunity Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, assistance, or subsidies The Civil Rights Act of 1964 applies to you. The EEOC “enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment” (The United States National Archives and Records Administration, n.d., para. 3). The Civil Rights Act of 1964 makes it unlawful for employers to “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges or...
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...A Case Study Comparison of Charter and Traditional Schools in New Orleans Recovery School District: Selection Criteria and Service Provision for Students with Disabilities By Copyright 2008 Nikki L. Wolf B.S., Northwest Missouri State University, 1985 Submitted to the Department of Special Education and the Faculty of the Graduate School of the University of Kansas in partial fulfillment of the requirements for the degree of Doctor of Philosophy. Dissertation Committee: _____________________________ Chairperson _____________________________ ___________________________________ ___________________________________ ___________________________________ Dissertation defended: April 28, 2008 3336479 Copyright 2008 by Wolf, Nikki L. All rights reserved 2008 3336479 The Dissertation Committee for Nikki L. Wolf certifies that this is the approved version of the following dissertation: A Case Study Comparison of Charter and Traditional Schools in New Orleans Recovery School District: Selection Criteria and Service Provision for Students with Disabilities __________________________ Chairperson Date approved _________________ ii ABSTRACT In post-Katrina New Orleans, there is a growing concentration of charter schools. The Recovery School District (RSD) has oversight for the majority of these schools. To explore charges from community advocates that RSD charter schools restricted admission and provided inadequate services for students with disabilities...
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...Running head: HISTORY OF SPECIAL EDUCATION LAW According to National Assessment of Educational Progress (NAEP), an IEP, or Individualized Education Program, is “a written statement for each individual with a disability that is developed, reviewed, and revised in accordance with Title 42 U.S.C. Section 1414(d).” (NAEP Glossary) Each source I studied stressed the concept of “individualized” plans because each program is tailored to specifically meet the needs of that particular student through a series of assessments, meetings and medical diagnoses. Recognizing that the content of the IEP is legally binding, it’s important to ensure that what is included in the IEP safeguards the needs of the student and that the student needs are being met? So after Further research I discovered a site that put the definition of an IEP in easily understandable terms: [An IEP] is a legally binding document that spells out exactly what special education services your child will receive and why. So by doing the IEP not only would It will include the students classification, placement, services such as a one-on-one aide and therapies, academic and behavioral goals, a behavior plan if needed, percentage of time in regular education, and progress reports from teachers and therapists. What is and we see that these plans contain information about the child’s classification, such as autism, deaf-blindness, orthopedic impairment or mental retardation for example, which requires the special...
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...Title VII of the Civil Rights Act Abstract Title VII of the civil rights act was a hard won victory for civil rights activists and workers in 1964. In securing this act, they ended the decades of ‘separate but equal’ treatment that had been used as a justification for discrimination against black Americans, and wrote into law precedents that would affect change in the labor market undercurrents that subtly discriminated against women. The text of the Civil Rights Act made it unlawful for an employer to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment, because of an individual’s race, color, religion, sex or national origin. This act covers hiring, firing, promotions and all workplace conduct. “The history of the 1964 civil rights act, and the series of events through which the need for the act evolved, is the longstanding conflict between those who would make employment related decisions based on bigotry, and those who believe that our country stands for freedom for all peoples, regardless of race, color sex, or national origin. After the civil war, slaves were free, but still unable to participate in many American cultural events because of lack of education, or lingering discrimination. In 1920, the 19th amendment prohibited exclusion to the right to vote to all Americans based on racial or gender identity. In 1963, the equal pay act guaranteed...
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...Sample Case Review Bowers v. National Collegiate Athletic Association Michael Bowers v. National Collegiate Athletic Association, 118 F.2d 494 (D.N.J. 2007) I. Background and Purpose In the case of Bowers v. National Collegiate Athletic Association, Bowers filed a suit against the National Collegiate Athletic Association under Titles II and III of the Americans with Disabilities Act (ADA). The ADA defines a qualified individual with disabilities as a person who meets genuine skill, education, experience, or other requirements of a job that the person holds or seeks, and they can perform the "essential functions" of the position with or without reasonable accommodations. In this case, Bowers argues that he is a qualified individual in the field of education. Bowers was looking to be recruited by University for football, under the NCAA. Bowers was found unqualified because he did not complete the required “core...
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...regardless of questions of fault to the exclusion of every other remedy, proceeding or compensation” (WSI). The intent was to provide relief to workers injured while on the job in the form of compensation for lost wages and payment of medical bill incurred for the injury. The trade-off for coverage is the agreement that workers forego suing their employers when injured on the job. Due to this trade-off, I believe workers’ compensation disadvantages workers from seeking damages brought on by the negligence of the employer. In the case of Zimmerman v. Valdak Corp., workman’s compensation fulfilled its promise of being the exclusive remedy for compensation by barring Zimmerman from suing his employer and in the process leaving him without adequate compensation for his...
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...Jarvis Edward Burton and State college Arbitration Factual Summary: A second-year student at State College, Edward Burton is wheel chair bound. The case is about him and his disability, He is majoring in music and the music building has no ramps and just stairs. Multiple times have a student had to carry Edward to class, and it’s a real inconvenience for him. Being a state college the school should be able to accommodate handicapped students, but the school says the music building has been there for over 200 years and is significantly important to the school. To make any changes to upgrades to the building it would lose the historic look and really wouldn’t be historic anymore. The other issue the state school has is that the costs of the ramps and other modifications to make the building ADA compliant would cost them $1 million. Issue: Edward Burton and the State college both have asked for an arbitration meeting. This meeting will be used to make a decision without going to court. Whether the State college should accommodate Edward per his request of ramps and other renovations to comply by the ADA or let the music building sit the way it is like the state college wants it. Legal Concepts: Under title 2 of the ADA it covers “public entities”. Which means any “..State or local government and any of its departments, agencies, or other instrumentalities.” According to Title 2 in the ADA a disability “Has a physical or mental impairment that substantially limits...
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...overall development, which places them behind their peers. Because of these needs a student’s need cannot be met in a traditional classroom, so Special Education programs offers content that fit the needs of the child. Special education in its earliest form usually happened in the parent’s home, in a one on one situation. The reason for this was people with disabilities usually did not venture far from their homes. In the early part of our country most schools were one or two room school houses with usually only one teacher. This teacher was not trained and did not have the time to meet the needs of an individual with a disability. Because of this, parents kept the disabled child at home, either with no teaching or with a private tutor. The best example of this would be Anne Sullivan with Helen Keller. In this essay I will address the social implications of attitude, legislation, and litigation on the lives of students with disabilities. Attitudes Children with disabilities in the past have received unequal treatment not only in the public education system, but also in society. Prior to school, students with severe disabilities were put in an institution or kept home with family. From keeping the disabled at home, the next step was institutions. The primary purpose of these institutions was to protect these individuals from society, and society from these individuals it was very rare for an individual ever leave an institution once they were placed in one. Everyone can remember...
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...health law incorporates civil and criminal law (among other specialities). The Code of Health and Disability Services Consumers' Rights 1996 (the Code) is legislation central to our legal health practice in terms of complaint resolution and quality control; in addition the Crimes Act 1961 has become more relevant since 2012. This essay sets out to critically analyse a case (10HDC01344), (see appendix one) in which the Code was deemed to have been breached, and in which the Crimes Act 1961 is relevant. This includes a critical analysis of possible wider legal implications, with a specific application to military paramedic practice. The Health and Disability Commissioner Act 1994 (the Act) was born as a result of an enquiry into unethical research practices within the National Woman’s Hospital. Arguably even without this incident such legislation was necessary for progress in the ‘no fault’ environment of the accident compensation scheme of the time (Godbold & McCallin, 2005; Dew & Roorda, 2001). The Act legislated for a change from trust based regulation, to a trend of health consumerism. Its purpose still is to “promote and protect the rights of health consumers and disability services consumers” (Health and Disability Commissioner Act, 1994, section 6, p 4). Furthermore it facilitated for a process of simple efficient resolution of complaints relating to the breech of rights (Keenan, 2010; Paterson 2002). Later the Code was...
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