...experienced. Ron Kovic happens to be a well-known Vietnam Veteran, who is paralyzed from chest down. He wrote a book called Born on the Fourth of July to show his point of view on what truly happens during the Vietnam War. Kovic tells us that people do not know what war really is until they experienced it. After he returns back home from the war, he thought he would be treated as a hero but people saw him completely different, as if they were disappointed in him. His concerns with today’s generation are that there will possibly be another war like Vietnam but with Afghanistan and to warn the young adults who are joining the military what they are exactly signing up for. After Kovic was release from the military, he wished that he could have heard a person who got injured from War to tell him what really happens, and that is his goal today. Ron Kovic became a protester today because, how he was treated in the hospital,...
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...Legal Protection Provided against Disability Discrimination — Evaluation of the Appropriateness of the Disability Anti-discrimination Laws Name Institution Date Introduction The evolution of the world has been accompanied by a number of social developments. Some of these social developments have included equality policies, and as far as disability is concerned, this has been one of the critical areas of concern[1]. The concern has been extended in a number of areas, especially jurisprudence. The rationale is that people with disabilities have often been condemned to contend with discrimination, a social injustice. On the other hand, jurisprudence is as an avenue of guaranteeing justice for all. Various legal steps have been developed, including the formulation of laws. This paper seeks to examine the outright nature of these steps in taming disability discrimination. Disability anti-discrimination laws Central to the disability anti-discrimination legal steps are the legal stipulations underlying the Universal Declaration of Human Rights and bill of rights, which have often served as a framework for inequality policies. In particular, the universal Declaration of Human Rights is considered as a common standard for achieving social justice for all people across the world. What is well noticeable from all the articles in the Universal Declaration of Human Rights is the emphasis for treating every person...
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...racial discrimination under disparate treatment and disparate impact. Disparate treatment is intentional unequal treatment based on protected class characteristics that results in the limitation or denial of employment opportunity. Employer of any size prohibited from discrimination against people who are members of, or have obligations to serve in a uniform military service under the uniformed services Employment and Reemployment rights Act ( USERRA). Explain how the r reemployment provisions of the USERRA were violated in this case? Under the provisions of USERRA reemployment must occur within two weeks of the employee’s application for reemployment. However, Metro return-to-work process took three weeks to rehire. Petty’s complaint alleged that Metro violated his rights under USERRA in that: (1) Metro delayed rehiring him for the purpose of subjecting to the department return-to-work process; (2) Metro did not properly rehire him because he was not placed in the position to which he was entitled; (3) Metro impermissibly denied him the ability to work off duty security jobs. Explain why the court concludes that Petty has a claim for discrimination under USERRA. USERRA performed four key functions in this case that concluded a claim of discrimination. (1) It guaranteed returning veterans a right of reemployment after military service; however this should have occurred within two weeks, but took three weeks. (2) It prescribes the position to which such veterans are entitled...
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...one another rather than reinforce. Also laws often have unanticipated or unintended consequences. Human resource personnel must be cognizant of equal employment opportunity laws. These are equal pay act of 1963 which prohibits discrimination in pay between men and women performing the same job in the same organization. Title VII of the Civil Rights Act of 1964 prohibits employers from basing employment decisions on a person’s race, color, religion, sex, or national origin. It has amended or interpreted to prohibit discrimination based on pregnancy and sexual harassment. Most recently, it has been amended by the Civil Rights Act of 1991, which places the burden of proof in a discrimination case squarely on the defendant, prohibits the use of quotas, and allows for punitive and compensatory damages as well as jury trials. Executive order 11246 prohibits discrimination against the same categories of people that Title VII protects, but also requires that government agencies and contractors take affirmative action to promote the employment of persons in protected cases. Age discrimination in Employment Act of 1967 prohibits discrimination against employees who are 40 years old or older. Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities who can perform the essential functions of a job with or without reasonable accommodation. The...
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...Petty v. Metropolitan Gov’t of Nashville & Davidson County Petty v. Metropolitan Gov’t of Nashville & Davidson County The Uniformed Services Employment and Reemployment Rights Act of 1994 provides employment protection to National Guard and Reserve military personnel. This legislation protects military veterans and reservists' rights with respect to their civilian jobs and benefits, and outlines employee, and employer responsibilities. (Lundin, p. 20). The law also requires employers to refrain from discrimination in hiring, re-employment and benefits because of an employee's military service or connection (Lundin, p. 20). In the case of Petty v. Metropolitan Government the company was accused of violating this legislation. 1. What were the legal issues of this case? The legal issue of this case of Petty v. Metropolitan Gov’t of Nashville & Davidson County is the alleging of racial discrimination under disparate treatment and disparate impact. Another issue in the case is the postponement of re-employing a returning Army reservist, which violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, although the delay was based on the employee’s alleged dishonesty (Walsh, 2010). In Petty v. Metropolitan Gov’t of Nashville & Davidson County, Metro re-hired Petty but did not return him to his previous position of patrol sergeant. Petty was demoted to answering phone calls and occasionally taking police reports (Walsh...
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...public safety officials against the city in which they were hired to uphold the law. The decision in this case resolved a long heated battle in the Supreme Court with plaintiffs bringing claims under the Age Discrimination in Employment Act (ADEA) with reliance on disparate impact. Previous to this decision, an employee could only recover if a business made an unfavorable business decision if it was made with the intent of discriminating against the person if he or she was of forty years of age. What this decision does allows for claims to be recovered if the business has an impartial business practice, which in turn has no discriminatory intent that has a negative impact on people aged forty and over. I will state views of the case from both sides and give my suggestions on how this may have been avoided from a managerial point of view. In 1999, the city of Jackson, Mississippi adopted a plan that would grant raises to their officers that had less than five years of experience to receive raises that were of higher percentage than those of officers that were more experienced. Even though the new proposal discrepancy was based on the years of service that the officers had and not the age of the current officers, most of the officers with more than five years experience were over the age of forty. They claimed that the city that they were hired to protect had established a new pay rate initiative that would reward the younger officers out of discrimination. The city claims that...
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...Petty v. Metropolitan Government of Nashville and Davidson County HRM 510: Business Employment Law Dr. Moore May 15, 2011 The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 provide employment protection of National Guard and Reserve military personnel. This legislation protects military veterans and reservists' rights with respect to their civilian jobs and benefits, and outlines employee, and employer responsibilities as well (Lundin, p. 20). Additionally, the law requires employers to refrain from discrimination in hiring, re-employment and benefits because of an employee's military service or connection (Lundin, p. 20). Although the USERRA has been effective in protecting the employed military member, it requires some work in the area of hiring new employees. Simply because of their military status, many qualified job applicants are often passed-over, it is an unlawful practice but very hard to prove by the Reserve/Guard member. Simply put, there are thousands of veterans unable to secure employment because it is too easy for the employers to select other non-military recruits. In the case of Petty v. Metropolitan Government the company was accused of violating this legislation. 1. What were the legal issues in this case? The legal issues in this case involved the treatments of Petty, a former Police Officer who left the Metro Police Department for active duty with the United States Army. Upon his request to be reinstatement, Petty...
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...The Department of Housing and Urban Development Abstract The Department of Housing and Urban Development has developed programs designed to help out the less fortunate for years and protect them from discrimination. Administrative law is especially valuable to agencies such The Department of Housing and Urban Development as it addresses fairness and responsibility issues with governing laws. Court cases help to make change where needed when it can be shown the system has failed or if one’s rights have been violated. The Department of Housing and Urban Development The Department of Housing and Urban Development's (HUD) manages and is responsible for the running of programs that provide housing as well as community development assistance. The HUD agency also works to ensure fair and equal housing opportunity for all people. An example of one of the programs is the Federal Housing Administration (FHA), which is part of HUD, is a government agency which objectives are to improve housing conditions and standards as well as provide a house financing system with insurance of home mortgage loans. Congress created the Federal Housing Administration (FHA) in 1934. The FHA became a part of the Department of Housing and Urban Development's (HUD) Office of Housing in 1965. The HUD agency and issues it covers is very broad so administrative law is a must for this agency to ensure there is fair housing and equal opportunity. Administrative law covers several areas such as rule-making...
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...Elizabeth Carrillo Professor Kuroki STACC English 10 November 4, 2013 Racism and Discrimination The novel Southland by Nina Revoyr is a very emotional story about a family that has many more problems than what meets the eye. The story jumps through the perspectives of characters like Jackie, Lois, Rose, Frank, Curtis and many more. Two concepts that seemed to be focused on were racism and discrimination. Throughout the novel there are many events that occur that show both racism and discrimination, Jackie uncovers many of her families secrets and even figures out who killed the four boys in her grandfather’s store in Crenshaw, California. This story takes place different places of Los Angeles for example, Gardena, "Compton, Watts, Crenshaw, and even in the bay area like San Francisco and Oakland. However, there were many things that were being kept a secret because of racial connections, whether it was one race with another or even interracial. Some things were kept secret due to the judgment from society or even judgment from ones family. There is still racism and discrimination that occurs now in everyday life. In Southland, the main character Jackie shows some forms of racism, she had arranged to meet with James Lanier who was the cousin of one of the boys who was found in the freezer of Frank’s store. While “sitting in the lobby of Marcus Garvey Community enter, Jackie couldn’t...
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...Commission on Equal Employment Opportunity. This order stated that any contractors doing business with the government “will take affirmative action to ensure that applicants are employed, and employees are treated during their employment, without regard to their race, creed, color, or national origin” (Reference for Business 2008). The order did not advocate preferential treatment of the selected groups but rather sought to eliminate discrimination in the traditional sense. A section of the act known as Title VII, which specifically banned discrimination in employment, and paved the way for the subsequent development of affirmative action. The Equal Employment Opportunity Commission (EEOC), created by the Civil Rights Act of 1964, and the Office of Federal Contract Compliance became important enforcement agencies for affirmative action. Basically affirmative action is steps that are taken to eliminate discrimination in employment, education, and contracting. It has also been said that it is an attempt to redress the effects of past discrimination. Affirmative action was created to offer equal opportunity, and to allow all persons the right to equal access to self developments, In other...
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...13.387 Authenticate Pdf 2014 Minnesota Statutes Resources * ------------------------------------------------- Search Minnesota Statutes * ------------------------------------------------- About Minnesota Statutes * ------------------------------------------------- 2014 Statutes New, Amended or Repealed * ------------------------------------------------- 2014 Statutes Topics (Index) ------------------------------------------------- Chapter 13 * ------------------------------------------------- Table of Sections * ------------------------------------------------- Full Chapter Text ------------------------------------------------- Section 13.386 * ------------------------------------------------- Version List ------------------------------------------------- Recent History * ------------------------------------------------- 2006 13.386 New 2006 c 253 s 1 * ------------------------------------------------- 2013 Subd. 3 Amended 2013 c 82 s 3 * ------------------------------------------------- 2012 Subd. 4 New 2012 c 292 art 4 s 1 13.386 TREATMENT OF GENETIC INFORMATION HELD BY GOVERNMENT ENTITIES AND OTHER PERSONS. § Subdivision 1.Definition. (a) "Genetic information" means information about an identifiable individual derived from the presence, absence, alteration, or mutation of a gene, or the presence or absence of a specific DNA or RNA marker, which has been obtained from an analysis of: (1) the individual's...
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... 2011 Scott Thompson Equal opportunity is based on giving each and every person in America a fair chance of pursuing their education and employment regardless of race, culture, creed, religion, and gender. The affirmative action act was created for individuals who were being discriminated against. This was to ensure minorities would be given the opportunity to apply and be hired for any job. Employers need to include more employees with diverse backgrounds because they can bring different views and ideas to the environment that could be beneficial for a company and help them to become more successful. Affirmative action was put into effect so all minorities are able to become employed and is still in effect so there are no problems. This gives the minorities a chance to succeed and the ability to work with people of all races and removes racism in the work and educational environment. Affirmative action should not be based on personal opinions or what someone thinks is right. Employers are always in need of educated and qualified individuals for employment, and can obtain qualified candidates who are interested by understanding the need that there is no reason to discriminate against anyone. Everyone is capable to do a job if they are qualified. There are many debates that go on these days about affirmative action. Some people say and believe that affirmative action should be banned because white people are seen as a minority now. In some cases, that may be true...
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...employees by competitive exams. It also made it illegal to solicit campaign donations on Federal government property and use political reasons to fire or demote government employees. 2. Davis-Bacon Act 1931: A United States federal law that required public works projects for laborers and mechanics to be paid the local prevailing wages. This act applies to contractors and subcontractors who perform on federally funded or assisted contracts in excess of $2000 for construction, alteration, repair, painting, and decorating of public works. 3. Norris-LaGuardia Anti-Injunction Act 1932: A United States federal law that created a positive right of employers not interfering against workers joining trade unions. Also, it banned yellow dog contracts and barred the federal courts from issuing injunctions against nonviolent labor disputes. 4. National Labor Relations (Wagner) Act 1935: A statue of the United States labor law that allowed private sector employees to organize into trade unions, bargain for better terms and working conditions collectively. 5. Walsh-Healey Public Contracts Act 1936: This act established overtime pay for contractor employers who worked more than 8 hours per day or 40 hours per week. It also set the minimum wage equal to the prevailing wage determined by the Secretary of Labor. It also prohibits employment of children younger tha16 and current convicts in prison. It set standards for convict labor, job health, and safety standards. 6....
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...Petty v. Metropolitan Gov't of Nashville & Davidson County Strayer University Professor Jama Rand, PhD, SP HRM510 Business Employment Law August 7, 2011 What was the legal issue in this case? In Petty v. Metropolitan Gov’t of Nashville & Davidson County, the legal issue was about whether the employee had been truthful about the reasons for his discharge from service. Another issue in the case was in regards to the postponement in re-employing a returning Army reservist, which violated the Uniformed Services Employment and Reemployment Rights Act (USERRA), although the delay was based on the employee’s alleged dishonesty (Walsh, 2010). The US government has taken numerous steps to ensure that the employers to not discriminate when hiring, promoting or firing employees. According to Title VII of the Civil Rights Act of 1964 (Title VII) employers cannot discriminate based on race, color, religion, sex, or national origin. Metro re-hired Petty but did not return him to his previous position of patrol sergeant or a substantially similar position. Petty was relegated to answering phone calls and occasionally taking police reports (Walsh, 2010). Metro’s Office of Professional Accountability conducted an investigation into whether Petty lied on his return-to-work paperwork by admitting that he faced military charges in Kuwait, but did not disclose that he was accused of giving alcohol to an enlisted soldier and of manufacturing alcohol...
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...This organization has a number of helpful links for managers to access that address issues such as biases against diverse ethnic and immigrant communities of Asian American and Pacific Islander populations. I specifically liked the connection this information has that can be utilized for Asian community development. For example: 1. Fellowships and Scholarships 2. Service Learning and Internship Program 3. Student Leadership Development and Organizational Development I chose to elaborate on the Student Development and Organization Development, because these student organizations prepare students in leadership through campus and community issues, work on campus, and alumni groups. These organizations are good resources for companies who are looking for future talent with leadership and organizational skills. 2. Diversity Resources http://www.diversityresources.com/ Summary of the information found on this site: Diversity Resources publishes diversity and multicultural educational and training materials for organizations. The products they offer includes electronic multi-media multicultural calendar, video and print training materials, e-Learning, and books on cross-cultural competence in health care. This organization has a number of helpful links for managers to access that address issues such as communication, conflict resolution, culture, disability, discrimination, gender, harassment, religion, respect, and diversity in general. I specifically liked comprehensive topics...
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