...Legal Process Paper According to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the...
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... | | |Employment Law | Copyright © 2009, 2007, 2006, 2004 by University of Phoenix. All rights reserved. Course Description This course provides an overview of federal statutes and state-regulated areas that affect the personnel function. Among topics addressed are EEO and affirmative action, OSHA, ERISA, FMLA, and ADA; employee privacy issues (polygraph testing, drug and alcohol testing, employer searching and monitoring); and wrongful discharge. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: University policies: You must be logged into the student website to view this document. Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment law for business (5th ed.). Boston, MA: McGraw-Hill. All electronic materials are available on the student website. |Week One: The...
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...The Legal Process Elise Smith University of Detroit November 21, 2010 Introduction The legal process involving employment law has various branches depending on the type of employment, area, specialty, and class of employer and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2011). The U.S. Equal Employment Opportunity Commission, which was given enforcement authority by Congress in 1972, “is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (EEOC, 2011). This paper will cover the process of an employee who goes by the name of John and works for a private sector organization, feels that he has been discriminated against by his employer and wishes to file a discrimination complaint against the employer he works for. This paper will also analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer through the first steps of the U.S. Equal Employment Opportunity Commission up to...
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...Legal Process Paper The federal agency that serves as the body to protect employees from employment discrimination based on race, sex, national origin, religion, age, or disability is the Equal Employment Opportunity Commission (EEOC). Discrimination is the process that treats an individual differently based on preconceived ideas (Duhaime, n.d.). An employee who thinks he has been the subject of discrimination has the right to file a complaint with the EEOC. In this paper, there will be an analysis of an employment discrimination complaint and civil litigation process from the initial EEOC filing and if necessary, through the state, and federal court systems. The paper will also include a discussion of other relevant aspects to address discrimination complaints and workplace disputes. Overview of the EEOC Process John is an employee in a private sector organization, and he thinks he has been subject to discrimination. He wants to file a discrimination complaint. The first step in the process is the requirement to file a Charge of Discrimination. This is done by contacting any EEOC office (EEOC, 2009). The deadline for the employee to file the charge is 180 days after the occurrence of the discrimination. Although the deadline can be a total of 300 days, if the occurrence of the discrimination took place where state or local anti-discrimination laws exist (EEOC, 2009). The state and local agencies responsible for enforcement of the anti-discrimination laws are the Fair Employment...
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...Executive Summary The topic of this paper is mainly discussed on the causes of inflation by explaining how the sustained inflation occurs as well as the role of played by monetary policy in the inflation process. The author in this paper agreed that sustained inflation is always and everywhere a monetary phenomenon and this has been agreed by both monetarist and Keynesian assumption. Besides that, the author also mentioned that we need to understand why inflationary monetary policy occurs. This paper also examines the inflation issue faced by United States and accommodating policy which has been used in order to achieve high employment target. Contractually, expectation is an important element in the anti-inflation policy to minimize the cost and output loss due to unemployment. Thus, a non-accommodating policy may be optimal to prevent the sustained inflation. The structure of this working paper began with executive summary followed by the assumptions of the paper and key concepts as well as the empirical evidence provided by the author. The author also provides some suggestions on how the monetary policy can be conducted to deal with the inflation process. Background/Assumptions of the paper Frederic S. Mishkin, the author of the working paper of ‘The Causes of Inflation’ is currently teaching at the Columbia Business School since 1983. This working paper was published in September, 1984 in National Bureau of Economic Research. He is also...
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...Legal Process Paper University of Phoenix Shannon Stracener MGT/434 10/27/14 Jennifer Schneider Legal Process Paper John is an employee in a private sector organization and wants to file a discrimination complaint against his employer. Although the U. S. Equal Employment Opportunity Commission (EEOC) enforces Federal Laws that protect employees and applicants from employment discrimination in the work place, which includes bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment, only some types of discrimination are currently punishable through the U. S. legal system. Though anyone can file a discrimination complaint with the EEOC, John must show that he has been discriminated against because of his race, religion, national origin, disability, or age in order to receive a right-to-sue letter. Filing a Charge of Discrimination As an employee in the private sector, if John isn’t sure whether or not his employer is covered, he should contact one of the EEOC field offices as soon as possible and they can make that decision. Even if John’s employer is not covered by the laws that the EEOC enforces, his employer may still be covered by a state or local agency that enforces that law. The EEOC can refer John to the appropriate state or local agency that enforces anti-discrimination laws. “Through its administrative enforcement process, the Commission receives, investigates, and resolves charges of employment...
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...Running head: PAPER VS. ONLINE RECRUITMENT Paper vs. Online Recruitment Troy University - ETroy Human Resource Development MGT 4483 T2/11 Tracy Rockwell, MSHRM, MPA December 15, 2011 Paper vs. Online Recruitment Human Resource Development (HRD) should be proactive and future oriented; therefore, I chose this topic because of the demand to recruit potential applicants via the internet. A vast number of companies are requiring applicants to apply online; this is the only way for an individual to submit the application and/or resume. Applying online is one of the fastest ways to recruit and has proven to be a benefit to the company because it saves paper, money, time and trees (environmental friendly). With this favorable practice, applicants must know how to successfully apply for a job online. Each company has their own process; therefore, it’s important for applicants to receive information and instructions on how to meet the hiring company requirements. Meeting their hiring requirements can be the result of whether or not the person will be considered for the job. An applicant applying online has been identified as an analytic need for companies because it enhances their hiring process. These needs are generally perceived by intuition, insight, or expert consideration. The need exist on an organizational, task, and person analysis level of need. The organizational analysis suggests where in the company training is needed and under what conditions it will...
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...Legal Process Paper Kristen Cohen MGT/434 – Employment Law » Due June 22, 2015 Brian La Hargoue Legal Process Paper As John is an employee in the private sector, if he wanted to file a discrimination complaint against his employer, there would be specific procedures that he would need to take to complete this process of filing a complaint, the civil litigation process and the steps that would need to be taken to file this complaint. In this situation, John would have to begin the civil litigation process by contacting the Equal Employment Opportunity Commission (EEOC). This is a commission that helps employers and employees proceed with their complaints when they filed and issued. John will have to file an administrative complaint with either the Federal EEOC or a State agency that the EEOC works with in prosecuting charges of discrimination. It is stated by the EEOC that any individual that feels that their employment rights have been violated can file a charge of discrimination (EEOC, 2006). A discrimination complaint can be filed if the person believes they have been discriminated against race, gender, color, religion, or national origin. The complaint would be in regards to hiring, firing, training, discipline, compensation, benefits or other terms and conditions of employment (EEOC, 2006). Once the official complaint has been filed the EEOC will first notify the employer who the complaint has been made against and they will be served with papers of...
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...order for different banks to compete for customers, they must take into considerations the various factors of their business. To insure they provide the best customer service, they most account for cost, flexibility, time, and quality in their services rendered. One service, the focal point of this paper, is the process of mortgage loans. Buying a home can be one of the most exciting experiences in the lives of adults, or it can be one of the most difficult. To ensure that customers are well equipped with the skills and means to take on such a task, banks go through a rigorous mortgage loan application process. This paper will focus on the process used by a bank located in the Midwestern region of the United States. Furthermore, it will provide an analysis of how by implementing the principles of the Theory of Constraints successfully improved the service rendered by the bank, thus providing a greater service to the customer. The mortgage loan process begins with a simple application. Each lender’s application requirements may differ. Generally, the formal application requires details about yourself and information regarding your financial status. Once this “pre-qualifiaction” process is complete, next comes the part where you submit documentation for verification purposes. First, documentation to confirm your identity (such as a drivers license, social security number, birth certificate, etc.) is required for the lender to request a credit report. The credit report will determine...
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...Katherine Terrell This paper analyses the transition process from centrally planned to market economies and focus on analysis of interaction between institutions and structural change process. Paper focuses more on reallocation of labour. It also analyses and finds explains that how central and eastern Europe is different in the transition process and reallocation of the labour. During the initial phase of the transition, employment had to flow out of state-owned heavy industry into new, private and small-scale business sector. The extent of effectiveness in labour reallocation can assess to the success of transition in a given country (Boeri and Terrell, 2002). The authors compares the patterns of labour market adjustment trajectories across countries and time, found that countries from central and Eastern Europe differs substantially from the economies of the former Soviet Union in several aspects; asymmetries in the responsiveness of employment to output change, the extend of real wages decline, structural change of employment, Unemployment dynamics and its duration and degree of wage dispersion. They further provide a reason behind different adjustment trajectories is that different models of social policy adopted in two groups of countries. In CEE, non-employment benefit was initially set at relatively higher level than in FSU. Given the need of structural change of employment, countries of CEE would be more successful by adopting employment quantities adjusted, on...
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...Human Resource Management Assignment 2.2 Research paper topic Job hiring process When looking for a job it can be confusing and even downright puzzling at times. It is hard trying to apply for a job that you don’t know what the title means or even if you’re qualified for, thus bringing a mountain of frustration and even a sense of anger. Sometimes the hardest part of the whole job searching process is when you have to answer specific questions about yourself to a total stranger who is essentially judging you for the job opening. Lastly, waiting for the results of your interview with either a job offer or not can be nerve racking. This can be an agonizing experience for the applicant, but also a more stressful one for the company and person conducting the pre application phase, the advertising phase, the application phase, the preparing of interview and qualification phase, the interview phase, the verification phase, and extending offer phase. This is all part of the application process for most companies and jobs of most Human Resource departments when trying to fill a job void. For many different reasons, a company could need to fill vacancies and the best way to do that is through the application process. When a company needs to fill an employment void, the company must first engage in a pre application phase. Normally companies have a human resource (HR) department that handles this whole process in the direction of senior leadership throughout the company. The HR...
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...Legal Process MGT/434 Introduction When we look at the many legal processes that cover employment law, we will discover that the law has many parts that would be dependent upon the type of specialty, area, employment, and classifications of employer and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2012). John is an employee in a private sector organization; He wants to file a discrimination complaint against his employer. In this paper, we will become familiar with the basic system utilized in filing a discrimination complaint against an employer. The system or process for filing complaints regarding discrimination is similar with variations based upon the type of discrimination. Discussion The primary source for filing complaints is the EEOC (Equal Employment Opportunity Commission). The EEOC was enacted by Congress in 1972 and is “responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (EEOC, 2012). This paper will review the steps that should be taken by an employee...
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...Holcomb, MA Legal, Safety and Regulatory Requirements This paper examines the Americans with Disabilities Act (ADA) of 1990 and the effect it has had on the human resources Process. In order to understand the effects the ADA has had on the human resource process, it is first important to understand what the Americans with Disabilities Act of 1990 is all about. According to Human Resources IQ, “the ADA is a federal anti-discrimination law which prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment” (Human Resources IQ, 2011). Human Resources IQ further explains that “this law covering employers with 15 or more employees is designed to remove barriers that prevented qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. When an individual’s disability creates a barrier to employment opportunities, the ADA requires employers to consider whether a reasonable accommodation could remove the barrier” (Human Resources IQ, 2011). To further understand this law it is important to understand that the ADA defines what an individual with a disability is according to the U.S. Equal Employment Opportunity Commission, “1. Has a physical or mental impairment...
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...Republic of the Philippines WESTERN MINDANAO STATE UNIVERSITY College of Public Administration and Development Studies Zamboanga City CRITIQUE PAPER IN PA206 The Hiring, Selection, and Recruitment of the Human Resource Department in Universidad de Zamboanga Zamboanga City Submitted by: Maelyn P. Marquez Submitted to: Ms. Socorro Rebecca B. Pelonia, Ed.D TABLE OF CONTENTS I. INTRODUCTION a. Overview b. Agency Background b.1. Objective b.2. Mission and Vision b.3. Programs and Services II. SCOPE AND LIMITATION III. CONTENTS IV. COMMENTS AND RECOMMENDATION V. REFERENCES INTRODUCTION Selection is defined as the process of choosing from a large group in order to make a choice out of it. It is a method of sourcing and screening applicants for recruitment. Recruitment on the other hand is defined as looking for someone as for service or employment. The basis of the recruitment is the selection process made after a thorough scrutiny and screening of all applicants who has the potential to make the job as needed by the company. In public office, the selection and recruitment is based on the qualifications set by the Civil Service Commission (CSC). It grants the aspirants the hope to make a job in public offices for public service but with the set standards of the commission. Public office in the same manner has the department or agency handling selection and recruitment for government service. But in private companies...
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...Policy: A Look into Bangladesh Case Content * Aim of the Paper * Concepts on Fiscal Policy * Fiscal Policy: Definition and its Role in the Economy * Fiscal Policy in the Developing World * A Brief Overview of Political Economy * Approaches to Fiscal Politics * Characteristics of Fiscal Policy in Bangladesh * Political Culture in Bangladesh and Effect on the Economy * References Aim of the Paper * To analyze how political variables affect the fiscal policy decision making process and study the political process and culture and the institutional constraints in context of Bangladesh to see the effect they have on the fiscal decision making * The research will be conducted through literature review and interview and based on the data between 1972 to 2012. Fiscal Policy: Definition and its Role on the Economy * Fiscal policy – essentially a budget policy encompassing all measures pertaining to the level and structure of government’s financial operations - public revenue, public borrowing and public expenditure . * It seeks to influence the aggregate demand curve through conscious setting of spending and taxation by government policymakers. Politics invariably affects the decision making process. * Basic goals of fiscal policy: * Attain full employment level of equilibrium * Maintain full employment once it is attained * Maintain economic stabilization ...
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