...SEX DISCRIMINATION IN EMPLOYMENT Fifth Edition Maryland Commission for Women 311 W. Saratoga St. Ste 272 Baltimore, MD 21201 410-767-3049 The Women’s Law Center, Inc. Copyright: 1982, 1986, 1995, 2001, 2008 The Women’s Law Center, Inc. Sex Discrimination in Employment Fifth Edition Revisions Provided By: Jill Wrigley, Women’s Law Center of Maryland With Editorial Assistance From: L. Tracy Brown, Women’s Law Center of Maryland Laurence Ruth, Women’s Law Center of Maryland Jessica Morgan, Women’s Law Center of Maryland Funding for production and distribution of the fifth edition was provided by Open Society Institute, Baltimore Community Foundation, The Marjorie Cook Family Foundation and Brown, Goldstein & Levy, LLP. Fourth Edition Revisions Provided By: Kevin O’Connor of Ober, Kaler Grimes & Shriver Melvina C. Ford, Women’s Law Center of Maryland With Editorial Assistance From: Denise Davis, Women’s Law Center of Maryland Funding for production and distribution of the fourth edition was provided by the Maryland Legal Assistance Network and Maryland Legal Services Corporation. Third Edition Written By: Rieyn Delony Sally L. Swann Louise Dean Williams With Editorial Assistance From: Robyn Mazur Kathleen Fantom Shemer Funding for production and distribution of the third edition was provided by the Baltimore Bar Foundation and the Marjorie Cook Foundation. Second Edition Written By: Kathleen Fantom Shemer With Editorial Assistance From: Jane Murphy Carol Polowy Emily Rody...
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...Anthony Cuda HST 388 Court in Context 9/21/14 McCulloch vs. Maryland Court in Context In order to fully understand how gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time....
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...research I have uncovered with the Title VII of the Civil Rights Act of 1964, along with other areas of more extensive discrimination suits that have been filed in the work force has really helped to understand that importance of compliance of the laws that are set in front of you as a manager, supervisor and/or a business owner. With a lot of people turning a blind eye to some of the smallest delegations when it comes to discrimination, that could be their biggest down fall as a business owner, as the smallest mistakes can turn out to be the most costly mistakes. You are going to learn more insight on race discrimination as this has really opened my eyes, with my past work experiences and to know what to expect in the future, also what to look for while in the job force. There is many different verification to the law of racial discrimination whether it is on an employee of employer level. It ranges from a fine, all the way to time punishable in prison. In most cases that I have researched it has been against an employee to an employer, and it has been settle in a monetary settlement. Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Some remedies...
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...One nation under Wal-Mart The huge corporations that produce our cars appliances, computers, and other products many of them household names like Nike, Coca- Cola, and Johnson & Johnson are a familiar feature of contemporary capitalism; However, Wal-Mart represents something new on the economic landscape. Now the world’s largest company, Wal-Mart has achieved its corporate preeminence not in a production but in retail. No other retailer, at any time or in any place, has ever come close to being as large and influential as Wal-Mart has become. After years of nonstop growth, there are now more than 4,750 Wal-Mart stores visited every week by 138 million shoppers. And the time as it moves beyond its stronghold in rural South. Even , eighty two percent of American households purchase at least one item from Wal-Mart every year. As result, the company’s marketplace clout is enormous: it controls about 30 percent of the market in household’s staples; it sells 15 percent of all magazines and 15-20 percent of all CDs, videos, and DVDs; and it is expected to control soon over 35 percent of U.S. food sales. For many companies selling consumer products, sales from Wal-Mart represent a big hunk of their total business: 28 percent for Dial, 24 percent for Del Monte, and 23 for Revlon. Wal-art is also responsible for 10 percent of all goods imported to the United States from China. The good news for consumers is that Wal-Mart has risen to retail supremacy through the bargain prices...
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...Crime victims rights Advocates for victims' rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims' Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims' rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights. [PUBLICATION ABSTRACT] Advocates for victims' rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims' Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims' rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights. [PUBLICATION ABSTRACT] You have requested "on-the-fly" machine translation of selected content from our databases. This functionality is provided solely for your convenience and is in no way intended to replace human translation. Show full disclaimer Neither ProQuest nor its licensors make any representations or warranties with respect to the translations. The translations are automatically generated "AS IS" and "AS AVAILABLE" and are not retained in our systems. PROQUEST AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING...
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...Baltimore. Barron claimed the city had violated his Fifth Amendment rights. “The Fifth Amendment provides that the government may not take private property without just compensation”. Barron alleged that his wharf was too shallow for most boats to dock because of a road construction project. The city had dumped sand and other solid materials into the wharf impeding the water depth. After the first law suit, the state court found the city had deprived Barron of his rights to private property and awarded him $4,500 in damages. This compensation was to be paid by the city. Subsequently, an appellate court reversed the award, Barron appealed to the USSC, to which the case was reviewed in 1833. The opinion of the court was written by Chief Justen John Marshall. The decision upheld that the Bill of Rights delegated no power to the states and was only an application of the Federal Government. At that time, the Constitution was, seemingly, created only to apply to the Federal Government and not for individual states. Some states had drafted their own constitutions; however, Maryland had no law which mirrored the Fifth Amendment. The Supreme Court thus lacked jurisdiction (or power) to hear Barron's case and dismissed it. The Dred Scott v Sandford ruling ultimately ruled that African Americans, whether free or slave, were not American citizens and could not formally sue in federal court. The Court, subsequently, ruled that Congress lacked power to ban slavery in the U.S. territories. Finally...
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...Assignment: GM520 1. Smoking of Electronic Cigarettes on Aircraft The regulation on E-cigarettes is from the Department of Transportation. This regulation is very interesting for me because I grew up around mostly cigarette smokers. My mother used to smoke, my father, my grandparents, my sisters and brothers. In the country that I came from, smoking is one of the cheapest vices. When you go out of your house you will never miss a person smoking. I chose this regulation because I am basically concerned about the air we breathe especially if we are a non-smoker. I have been on few flights myself and I have never encountered somebody smoking e-cigarettes myself. But, since this new technology is growing and although it has claimed to reduce the risk of real cigarette-smoking, we are still unaware of the negative impacts it may bring to the air quality within the aircraft, and the impact it brings to the high-risk passengers aboard the aircraft. This regulation may not affect the organization I am working for but it definitely affects me as an individual. I work in a bank as a teller and thrice this year I have been a passenger of a plane which is preferable to me than driving 6 hours. I love flying and I would definitely enjoy it more with clean atmosphere and without the disturbance of a passenger sitting beside me inhaling and exhaling vapors. But of course this is not only about me, but of the population that is aboard the aircraft. A plane may consist of elderly...
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...Health Law and Regulations Governmental Regulatory Agencies HCS/545 December 16, 2013 Governmental Regulatory Agencies A regulatory agency is a government body formed or mandated under the term of a legislative act to ensure compliance with the provisions of the act, and in carrying out its purpose. “The role of government regulator agencies in health care is to monitor health care practitioners and facilities, provide information about industry changes, promote safety and ensure a legal compliance and quality services” (2013). Health care industry rules and regulations are determined by regulatory agencies, local, federal and state with mandatory oversight. Accreditation agencies require participation that is voluntary because certification of quality provides important ranking. Large private organization and the government help develop and enforce health care regulations. Role Governmental regulatory agencies in health care are the “Food and Drug Administration (FDA), The Agency for Healthcare Research & Quality (AHRQ), The Centers for Medicare & Medicaid Services (CMS), The Centers for Disease Control and Prevention (CDC), and The...
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...CONSTITUTIONAL LAW 1 OUTLINE KEYED TO: SULLIVAN CASEBOOK 1. The Supreme Court's Authority and Role * Judicial Review * ROL→ Congress may neither restrict nor enlarge the Supreme Court’s original jurisdiction. * Marbury v. Madison * →Established Judicial Review. Court Held that a writ of mandamus to deliver a commission made by John Adams fell under the Sup. Court's appellate jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act of 1789, § 25: Provides for supreme court review of final decisions of the highest state courts rejecting claims based on federal law * Martin v. Hunter's Lessee * →A Virginia citizen willed his Virginia land to his nephew, P, a British subject and resident of England. Virginia, according to state law, had the right to confiscate land owned by British subjects and did so. Virginia granted this land to D, who then ejected P from the land. But, the treaties of 1783 and 1794 with Great Britain had anti-confiscation laws saying that the states won’t take the land of British citizens. Supreme Court exerted its authority to review the Virginia court's judgment and held that Supremacy Clause declares that the Federal...
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...cases of racist law enforcement that are covered in the news are a testament to the fact that racism within police departments exists from coast to coast. However, these are only the cases that people find out about; there are countless other cases of police racism and brutality that are not reported. A series of reports that have been published in the last few years have shown that young black men are being incarcerated at a rate far greater than their number in the overall population. In the fall of 1995, Vincent Schiraldi, executive director of the Center on Juvenile and Criminal Justice in San Francisco, released a study that found that nationally 33% of the black men in their 20~s were under the control of the criminal justice system in some way, shape or form. This shows an increase from 1991, when 25% of the black men nationwide ages 20 to 29 were incarcerated, on probation, or on parole (Butterfield 1996). Schiraldi, attributed the higher incarceration rates for black men to tougher punishment for the use of crack cocaine than for other drugs; harsh new sentencing laws; the prison construction boom; and poverty, lack of good jobs and poor education in inner cities. We will address how tougher punishments have resulted in worse treatment for minorities in the criminal justice system. The tougher punishment for the use of crack cocaine, which is prevalent in minority neighborhoods, and the harsh new sentencing laws are a result of a new, stringent brand of law enforcement...
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...STATES Syllabus SNYDER v. PHELPS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09–751. Argued October 6, 2010—Decided March 2, 2011 For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The church’s picketing has also condemned the Catholic Church for scandals involving its clergy. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. The picketing took place on public land approximately 1,000 feet from the church where the funeral was held, in accordance with guidance from local law enforcement officers. The picketers peacefully displayed their signs—stating, e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests Rape Boys,” and “You’re Going to Hell”—for about 30 minutes before the funeral began. Matthew Snyder’s father (Snyder), petitioner here, saw the tops of the picketers’ signs when driving to the funeral, but did not learn what was written on the signs until watching a news broadcast later that night. Snyder filed a diversity action against Phelps, his daughters—who participated in the...
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...Liebeck v. McDonald’s and Pearson v. Custom Cleaners Legal Case Analysis AMBA 610 9043 University of Maryland University College Introduction Frivolous lawsuits can be a determent to those who are really seeking justice through the court system. Lawsuits that are frivolous in nature are filed in the court systems that lack legal merit (Frivolous Lawsuit Law & Legal Definition, 2015). Plaintiffs and attorneys who decide to partake in meaningless claims against other parties can anger society by wasting tax payer’s money on cases that are filed and argued with loop holes in litigation (Frivolous Lawsuit Law & Legal Definition, 2015). Evaluating the product and service liability laws will give insight into the two cases that will be discussed in this paper. The two cases covers how product liability effects the consumer and company owners of each industry of businesses. Cases that are brought to courts for product liability is always initiated by the plaintiff who has to prove if the defendant is liable for alleged action claims (Jones, 2015). Two cases that have made an impact on the pursuit of filing frivolous lawsuits is the Liebeck v. McDonald’s and Pearson v. Custom Cleaners case, which will be discussed in further detail throughout this paper. If cases set precedence’s in the court systems, then these two cases show how people can obtain or attempt to collect monies from others that lacks in importance to bringing legal justice per society standards. Case...
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...obtain your login information for social media sites such as Facebook and Twitter? The argument for requiring access to an applicant's social media accounts is one of character and security concerns. In Virginia, State Trooper candidates are required to log in to their Facebook accounts in the presence of an interviewer, and then all of the information on the site is reviewed by the applicant and the interviewer. The rationale behind such tactics is because Virginia claims that a character check in the virtual level is as much part of the interview process as the physical background check. And Virginia isn't the only state that has agencies that engage in this sort of practice. Bozeman, Montana and the Department of Corrections in Maryland asked job...
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...Case: Wendy’s and the Finger-in-the-Chili In March 2005, Anna Ayala, a Las Vegas resident visiting San Jose, California, went to Wendy’s with her family. She ordered a bowl of Beef Chili. She said she bit into a spoon of chili and “suddenly I chewed something that’s kind of hard, crunch. I spit it out.” She said that’s when she realized the crunchy item was a 1 and half inch human finger well manicured nail. She hired a lawyer and sued. Denny Lynch, Senior VP of communication for Wendy’s international faced a crisis that innocent food based companies fear. When a customer commits a vicious act that cost other’s to turn away from the restaurant, or product. Lynch received a call that night from Bob Bertini, Wendy’s director of Communications, explaining what happened. Lynch had to act immediately. Lynch and Bertini constantly dealt with the media for the next 60 days. At first Santa Clara county health dept. had sympathy for Ms. Ayala and said she was ill and distraught so emotionally upset causing her to vomit. The Health Dept. released photos of the finger to media. The national news coverage intensified. The health dept. stated that there was no public health risk. Wendy’s then needed to place a plan into action, First Wendy’s regional management team set up a makeshift control room in a franchise office in San Jose, and the police were involved, as was the coroner. Wendy’s crisis management strategy centered on four areas: 1. Conducting due diligence to establish...
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...INTRODUCTION This Article explores the evolving framework of nexus and examines the constitutional constraints imposed on states’ tax jurisdiction and how states overcome those limitations. In 2010, the Washington State Legislature declared that out-of-state businesses with no physical presence in Washington were earning significant income from Washington residents by providing services or collecting royalties on the use of intangible property in the state.1 The Legislature also determined that, although these out-of-state businesses did not have a physical presence in the state and were not paying their fair share of Washington State taxes, they were nonetheless receiving the following significant benefits provided by the state: • Laws providing protection of business interests or regulating consumer credit; • Access to courts and judicial process to enforce business rights, including debt collection and intellectual property rights; • An orderly and regulated marketplace; and • Police and fire protection and a transportation system benefiting in-state agents and other representatives of out-of-state businesses.2 * Armikka R. Bryant, Tax Policy Counsel, Washington State Department of Revenue; J.D., 2001, The University of Iowa; LL.M. (Taxation), 2004, The University of Washington; B.A., 1997, The University of Michigan; member of Washington State Bar. I would like to thank Gilbert Brewer, Senior Assistant Director for Tax Policy at the Washington State Department...
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