...THE ENFORCEMENT AGENCIES Prior to October 2007: 1. EQUAL OPPORTUNITIES COMMISSION [EOC] The EOC worked to try to eliminate sex discrimination: By providing advice and information to the public about their legal rights, what options they have, and the next steps they can take. By taking legal cases under the Sex Discrimination Act and the Equal Pay Act. These cases help to secure equal treatment for women and men in the areas of pay, pensions and caring. By publishing research and statistics about women's and men's lives. These show clearly and simply where change is needed. By running high-profile campaigns to change public opinion and the law. By investigating organisations or areas of life where sex discrimination is common.. 2. THE COMMISSION FOR RACIAL EQUALITY [CRE] The CRE's legal powers The CRE had statutory powers under the Race Relations Act 1976. These included powers to: • advise or assist people with complaints about racial discrimination, harassment or abuse • conduct formal investigations of companies and organisations where there is evidence of possible discrimination; if the investigation does find discrimination, the CRE can oblige the organisation to change the way it operates • take legal action against racially discriminatory advertisements, and against organisations that attempt to pressurise or instruct others to discriminate — such as employers instructing employment agencies not to send them applicants from ethnic minorities...
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...is to guarantee and promote equal job opportunities. The Commission enacted legislation prohibiting employment and workplace segregation based on people’s demographic characters. Some of the great laws against employment discrimination include the Civil Rights Act of 1964 and the Equal Pay Act of 1963 (Harvard Law Review, 2015). Due to the changing societal needs, the commission has enacted several other laws addressing these new employee requirements. For instance, the Commission proposed some amendments to the Age Discrimination Act. Successfully, the U.S Supreme Court upheld these proposed amendments terming them as an excellent way of promoting employee welfare. Despite the commission’s tireless efforts towards employment equality, some discriminatory measures are persistent in the labor department. Regardless of the government’s vigorous efforts towards promoting workplace gender equality, gender discrimination remains consistent. For instance, most employment cases filed in the courts of law are gender related. In spite of their academic qualifications and clear demonstrations that they can work as good as their male counterparts, women still face workplace discrimination. Notably, sex discrimination is not a predominantly female issue as it also happens to men (Harvard Law Review, 2015). However, male-related reported cases are entirely negligible. Societal culture and norms explain the unending gender issues today. Our societies are predominantly patriarchal. The society...
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...DISCRIMINATION LAW IN INDONESIA Age Discrimination is common, especially in applying work. Companies are more likely to interview young people than those who are old. In fact, there are several other discrimination that can not be written here. Race Discrimination is often the case where-where that because some people do not like a different race. Or prohibit a race to get into a group that is because he is a hated race. Religion This discrimination is very often occurs mainly in Indonesia due to the residents who are holders of a religion that eventually gave birth to hatred against other groups. Gender This discrimination often occurs in everyday life and in the life of a career. But gradually this type of discrimination begin to be overcome with time. Physical and Spiritual Health Each work is needed healthy workers both physical and spiritual. But if the job does require a person with a disability? A lot of office work can actually be done by workers who have disabilities such as limb defects. By reading these terms, for people who have a physical disability, he felt eliminated and it seems there is no place to work for people who have physical disabilities. Terms of the sexes Since we take values of equality between men and women, should no longer exist job discrimination between men and women. Do women are not worthy of holding the position of manager or become a driver of heavy vehicles? In Singapore, many women who became a taxi driver. Requires a certain age....
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...Discrimination and Employment Laws Stephen Moseley ETH/321 July 21, 2016 Shaune Arnold Introduction There are many types of discrimination that can be found in different types of work environments. Discrimination complaints could be caused by an employee being treated unfairly because of race, color, national origin, sex, or religion. The Equal Employment Opportunity Commission (EEOC) was established to enforce discrimination laws that have been set up to protect the employees from the different types of discrimination. One of the key forms of legislation to protect employees is Title VII of the Civil Rights Act of 1964. Unfortunately, sexual harassment is a common complaint in a work environment. Sexual harassment does not just have to include inappropriate unwanted touching. Sexual harassment complaints also include derogatory, suggestive, or rude comments, intimidation, and displaying inappropriate photos within the workplace which creates a hostile work environment. Sexual harassment cases are filed with the courts in every state. This paper is going to concentrate on the Alabama case Reeves v. C.H Robinson Worldwide, Inc. A brief background of the reason for the complaint, employer defenses, and the court ruling will be covered. A final topic will analyze if an employer responsible if the accused harasser was an independent contractor instead of an employee. The Case Only two female employees worked for C.H. Robinson Worldwide, Inc. Reeves was employed as the transportation...
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...Gale Encyclopedia of Small Business: Racial Discrimination http://civilliberty.about.com/od/raceequalopportunity/tp/Racial-Discrimination.htm Racial discrimination is the practice of letting a person's race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. It most often affects minority individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred—that is, the minority received unfairly favorable treatment at the expense of the white individual. Court rulings handed down through the years have determined that a company's responsibility not to discriminate based on race begins even before an individual is hired. Companies can be held liable if pre-employment screening or testing is determined to be discriminatory, if applications ask unacceptable questions designed to screen for race, or if the overall selection process is deemed to be unfair. One of the main indicators that racial discrimination has occurred in the hiring process involves the qualifications of the job applicants. While a slight difference in qualifications between a minority and nonminority candidate do not automatically indicate racial bias (if the lesser qualified nonminority candidate is hired over the minority candidate), a drastic difference in qualifications has almost always been upheld...
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...Discrimination for the purposes of employment law is any workplace action such as hiring, firing, or demoting based on the prejudice of some kind. Walsh defines employment discrimination as the limitation or denial of employment opportunity based on or related to the protected class characteristics of persons. In my opinion, the three most important laws that regulate discrimination in employment are Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, and the Age Discrimination Employment Act. Title VII prohibits workplace discrimination on the basis of race, color, religion, gender, and nationality. Initially this act outlawed forms of discrimination against African Americans and women. The Americans with Disabilities...
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...Are U.S. Employment Discrimination Laws Outdated? American race relations were not always as tolerant as one might suggest. It took centuries of legislative actions, court decisions and evolving public policy to arrive where the United States stands today. Legislation barring discrimination against minorities in the United States is nothing new. The Fifth Amendment of the U. S. Constitution states that “no person shall be deprived of life, liberty, or property, without due process of the law.” The Thirteenth Amendment abolished slavery, and courts upheld that it bars racial discrimination. The Civil Rights Act of 1866 gave all persons the same right to make and enforce contracts and to benefit from laws. There were various laws and court decisions that made discriminating against minorities and women unlawful, but due civil unrest, Congress passed a multitude of new civil rights laws (Dessler, 2013). The Civil Rights Act of 1964 is the nation's benchmark civil rights legislation, and it continues to resonate in America. The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. It specifically states that it shall be an unlawful employment practice for an employer to refuse to hire or to discharge an individual or otherwise discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin...
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...Employment Law and Discrimination: Sexual Harassment Maria Cullooyah LAW/531 – Business Law January 11, 2015 Aaron Kemp Introduction Although there are several types of discrimination, sexual harassment has become a serious issue, not only in the workplace but everywhere near and far. Sexual harassment affects not only the victim, but the defendant and colleagues. This type of law suit is a violation of both state and federal law. According to federal law sexual harassment violates Title VII of the Civil Rights Act of 1964. The Title VII law holds employers liable when there are inappropriate sexual advances in the workplace. In the video presented, there will be an analyzation of a case involving sexual harassment. Elements will be identified, applicable defenses, judge’s ruling, if there are any potential civil liabilities and a different case scenario will be addressed. Cause of action In this case, two employees who work for a computer company GHI-Soft. The Plaintiff, Mr. Silverstein, alleges that his co-worker Ms. Shaw is guilty for sexual harassment. Mr. Silverstein claims Ms. Shaw placed a sexual explicit screen saver on his computer at the same time he was up for a promotion. Due to his supervisor seeing this screen saver, he also claims this was the basis for him not being chosen for the promotion. After talking with Ms. Shaw, she claims that a solid friendship over the duration of employment had been formed or so she thought and Mr. Silverstein had never...
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...feel the policy within the company and report these issues to his supervisor or Human Resource Department. I can agree with the judge’s rule because if he been having issues like this then he should have reported it soon as it happen. Him not reporting it makes it seems like he was interested in this type of behavior. References Bland, T. S., & Stalcup, S. S. (2001). Managing harassment. Human ResourceManagement, 40(1), 51-61. Retrieved fromhttp://search.proquest.com/docview/222063028?accountid=458 California Department of Fair Employment and Housing. (2010). Retrieved fromhttp://dfeh.ca.gov/ Roberts, P. (2001). Employers' Liability for Sexual and Racial Harassment:Developing the Reasonably Practicable Steps Defense.Industrial Law Journal,30(4), 388-395. Willey, E. K., & Butera, J. J. (2015). THE CIVIL RIGHTS...
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...Employment Law and Discrimination Ali Akbar LAW/531 February 2nd, 2016 University of Phoenix James Charnell Employment Law and Discrimination Johnathan Silverstein is suing Meredith Shaw for sexual harassment based on the fact that she put a “sexy screen saver” on his computer in which his supervisor seen and apparently used it as an excuse to deny him a promotion. The two were once friends and had played numerous of pranks on one another for several years. The only time that it went too far is when he felt like he lost a promotion because of it. According to The Free Legal Dictionary (2003) the federal courts did not recognize sexual harassment as a form of sex discrimination until the 1970s, because the problem originally was perceived as isolated incidents of flirtation in the workplace. Employers are now aware that they can be sued by the victims of workplace sexual harassment. An applicable defense, in this case, is that the behavior was unwelcome. However, the judge ruled that the Plaintiff took part in the action before, and the only reason he is doing something about it now is because he believes it cost him a promotion. The Plaintiff admitted that he had never told the Defendant to stop or that it made him feel uncomfortable. He also admitted that he did not inform the supervisor or the Human Resources Department about the Defendant’s behavior. According to The Civil Rights Act of 1964 Title VII, it makes no difference . . . Whether the person whose acts...
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...aim of the essay is to link sociology and the law and show how law and society are related and interdependent. INTRODUCTION Discrimination separates people instead of uniting them. Discrimination also hampers the self-confidence and affects the psychology of the person being discriminated against. Prejudice causes several changes in society .Even though these changes might not be intended .Discrimination is a threat to democracy, democracy is based on the idea of a society in which all individuals enjoy equal rights and treatment irrespective of their caste , gender, wealth etc. Democracy recognizes the equal worth of all citizens and has laws that help prevent discrimination in all spheres of life. Each person has a righto live with dignity and honour , this concept of equality is found in human rights. Discrimination can deprive the person of opportunities to progress in life, for example unfair payment for work has several consequences like having a smaller apartment, leading to dissatisfaction with one’s life when he stops going to places because of a fear of not being let in , this fear could exist due to previous exclusion from the enjoyment of these services. Or he could consider himself to be inferior after experiencing discrimination in recruitment, and stops looking for a job. Law is perhaps the most important instrument in the fight against discrimination. Law re flects the most fundamental values of the society...
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...Employee Discrimination in the Workplace Abstract In today’s business environment, it is really common to discriminate employees against the law. Employee discrimination is where a worker is treated differently, usually worse than others in the workforce. Most common types of discrimination include race, gender, national origin, religion, age and disability. Over the years, there have been many types of federal laws prohibiting job discrimination. Some of the laws include the Civil Rights Act, which prohibits employee discrimination based on race, color, religion, sex or national origin. The Equal Pay Act protects men and women who perform the same and equal work in the same establishment from sex-based wage discrimination. The Age Discrimination in Employment Act protects individuals who are the ages of 40 years and over. The American with Disabilities Act and the Rehabilitation Act, which protects qualified individuals with disabilities who work in the federal government. Also the Genetic Information Act which prohibits employment discrimination based on genetic information about an applicant, employee or former employee. Employee discrimination can take in the form of adverse action that can affect the employee economically. Although discrimination is not intentionally meant, there are some employers who will discriminate against employees. Could you imagine being limited by something that has nothing to do with your skill or ability? If you look at the...
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...The Impact of Law on Business Decisions Elaine Staples Southern New Hampshire University Abstract Laws are necessary for a society to ‘run smoothly and efficiently’ (Twomey and Jennings 2014). Every aspect of our life is directed by our individual ethical and moral belief and laws that, society as a whole, has enacted to guide our conduct with each other. Businesses also have rules of conduct for every decision, from organizational structure to employee pay. Businesses often rely on legal experts in various fields of law to advise them on decisions in order to maintain compliance within the law. Laws of employment have had the greatest impact on the relationship between a business and its employees. Today, the EEOC enforces laws prohibiting discrimination in employment. The Impact of Law on Business Decisions The Equal Employment Opportunity Commission (EEOC) enforces the illegality of discrimination in employment due to race, color, religion, national origin or sex and retaliation against a person who claims discrimination. It encompasses pregnancy, conditions caused by pregnancy or childbirth, disability and genetic tests of individuals or their family. Affirmative Action was later added, which required businesses to prove employment of women and minorities. A Timeline of Civil Rights One only needs a brief history review to understand why some laws exist today. After the Civil War, state and local laws forced a separation of the races. This was upheld...
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...LAW 531 Week 4 Knowledge Check www.StudentWhiz.com provides Latest UOP tutorial courses that would definitely lead you to success. We provide LAW 531 Week 4 Knowledge Check Question, Answers and lot more. We are having UOP LAW 531 Final Exam Assignments, so that you could test yourself. Being top in class is no more a dream with StudentWhiz. 1. Identify the true statement about principal-agent and employer-employee agency relationships. • The employee in an employer-employee relationship is authorized to act on behalf of the employer in all business situations. • The principal in a principal-agent relationship has no authority over contracts made by the agent. • The employee in an employer-employee relationship can sign contracts on behalf of the employer. • The agent in a principal-agent relationship is authorized to act on behalf of the principal. 2. In certain types of agencies, the parties involved do not sign a formal contract. However, it can be inferred from their conduct, that they are part of the agency. What is this kind of agency known as? • Implied agency • Express agency • Agency by ratification • Agency by contract Click here to download Complete Answers of LAW 531 Week 4 Knowledge Check 3. Beta Corp. and Woodrow LLC. have formed an agency. Both parties have agreed to the terms on which the agency will operate, and they have signed a contract. According to the terms of the contract, Woodrow, the agent, is authorized to act on behalf...
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...Discrimination One of the challenges and issues in our work place is discrimination and it is impossible to prevent or correct discrimination without information about it. Therefore, the Equal Employment Opportunity Commission “EEOC “created a Manual that clearly addresses the importance of policy and procedures in case of discrimination. Based on the Commission's guide, employers are required to prevent and correct discrimination through legislation and efficient enforcement mechanisms in the work place. Discrimination has many faces but, one of the forms of discrimination which we need to have a firm understanding is refusal of standard rights to persons because of race, nationality, age and sex. Race It is against the Title VII of the Civil Rights Act of 1964 that an employer reject to accept an application or refuse hire, promotion, compensation, job training or any other employment privileges because of an employee’s race or color. The U.S. Equal Employment Opportunity Commission (EEOC) reports that it received 100,000 job bias charges during fiscal year 2012. Also, the EEOC has observed The number of people who filed race discrimination claims (33,512) increased in 2012 (Dipboye & Collela,2005).The EEOC indicated that in 2012, discrimination for certain racial minorities showed a deep impact in the current down turn of world of work. For example, in the United States, the unemployment rate remains almost twice as high for African-Americans relative...
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