... WORD COUNT: 2745 MEMORANDUM OF ADVICE TO: Ms Mary Elizabeth Braddon FROM: xxxxxxxxxxxxxxxx RE: Mr Kevin Hock- Unlawful Discrimination Based on Political Conviction DATE: 26 April 2015 I QUESTION PRESENTED Are the events as described by Mr Kevin Hock adequate grounds to pursue civil action against The Canberra Cycling Club under the Discrimination Act (ACT)? II SHORT ANSWER Under section 22 of the Discrimination Act (ACT), it could be circumstantially demonstrated that The Canberra Cycling Club committed an unlawful act of discrimination based on the political conviction of Mr Hock. However, there are limitations as to what action Mr Hock could pursue as detailed in the Discrimination Act (ACT) sections 71 and 72. In order for Mr Hock to be awarded damages, a judgement from the Tribunal would be required that the action was unlawful discrimination based on political conviction that is substantiated by the evidence presented. It would further have to be demonstrated that Mr Hock had been treated in a manner that was inconsistent with a manner in which other members of the club based on his political conviction. This is a point which cannot be adequately demonstrated on the balance of probabilities by the statement of facts provided. III STATEMENT OF RELEVANT FACTS The statement of relevant facts relating to Mr Hock’s claim of discrimination are: * Mr Hock has been an active member of the Canberra Cycling Club since 2012. * In February, Mr Hock filled out a form...
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...The Civil Rights Act of 1991 – How Does its Changes Affect the Workplace MMT 107-Human Resource Management APA Formatted Research Paper By: Anthony Barrera Submitted to: Mae Hicks Jones, Instructor 11/30/2012 Abstract The purpose of this research paper is to show what changes came from the passing of the Civil Rights Act of 1991. Topics that will be mentioned are topics that have to do with unlawful practices in the workplace, for example, discrimination against employee’s physical appearance, orientation, or disability, but also one’s own emotional and personal beliefs. This paper will mention three topics that the Civil Rights Act of 1991 will prohibit in the workplace which are discrimination, inequality, and harassment. Each topic contains sub topics that will explain more in detail each of the three main points. Research of these topics is helped by internet sources, as well as, textbooks. Authors like Chuck Williams, Nickels G. Williams, James McHugh, Susan M. McHugh, Robert L. Mathis, John H. Jackson and sources from www.eeoc.gov and the Encyclopedia of Business. The sources indicate what laws where placed by the United States government and what changes is brought to the workplace and employees. Also, authors indicate what rights employees have with the new laws placed and how they can be protected. Conclusion will recap how employees are protected by the amendment and rights they are provided by the government for a pleasant work environment, free from harassment...
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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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...Workplace Racial Discrimination October 3, 2011 Employment Law: Workplace Racial Discrimination A number of federal and state laws prohibit racial discrimination. 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. Racial discrimination in the workplace has been a challenging issue for the United States since awareness rose in the 1960s. Blacks and other minority workers have faced intimidation, harassment and subtler forms of racism such as the difficulty of landing a job or promotion, even when they have the requisite qualifications. The United States has been actively combating racial discrimination in the workplace for 46 years, yet challenges remain. Many people do not really know much information on how racial discrimination at workplaces may take place, but many concerns can be answered with these following questions: 1. How long has racial discrimination at workplaces been going on for? 2. What are the laws on racial discrimination about? 3. What are some reasons for racial discrimination? 4. What...
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...DISCRIMINATION IN THE WORKPLACE Discrimination in the workplace has been present throughout history and has branched into various forms in the past and existing time periods. Individuals suffer losses and are jobless because of discrimination. Discrimination happens when an employee is treated unfavorably because of their race, skin color, gender, disability, religion, or age. There are four discrimination types that can be identified, they are disparate treatment, disparate impact, pattern or practice, and retaliation. Disparate treatment discrimination exists when individuals in similar situations are treated differently and when the differential treatment is based on the individual’s race, color, religion, sex, national origin, age, or disability status (Giffin, 2008). An employee with the same skills of other employees may not get to benefit like others because the victim may have a different religion, is an example of disparate treatment discrimination. If this employee tries to file a charge, they must prove that there was a discriminatory motive. Some companies can treat a member differently when bona fide occupational qualification exists for performing a particular job. Disparate impact discrimination is when an employment practice is neural and non-discriminatory in its intention but, disproportionately affects individuals having a disability or belonging to a particular group. An example of this discrimination is if the job requires a person to be strong...
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...Civil Rights Act of 1964 Michael Cain ELA2603 - Administrative and Personnel Law Professor Zara Sette August 17, 2012 Abstract The Civil Rights Act of 1964 is the nation's benchmark civil rights legislation, and it continues to resonate in America. The basic tenants of this legislation prohibit discrimination on the basis of race, color, religion, sex or national origin and other protected classes as amended. Passage of the Act ended the application of "Jim Crow" laws, which had been upheld by the Supreme Court in the 1896 case Plessy v. Ferguson, in which the Court held that racial segregation purported to be "separate but equal" was constitutional. The Civil Rights Act was eventually expanded by Congress to strengthen enforcement of these fundamental civil rights (United States Senate - Committee of the Judiciary). In the 1960s, Americans who knew only the potential of "equal protection of the laws" expected the nations political leaders and the courts to fulfill the promise and guarantee of the 14th Amendment. In response, all three branches of the federal government, as well as the public at large, debated a fundamental constitutional question: Does the Constitution's prohibition of denying equal protection always ban the use of racial, ethnic, or gender criteria in an attempt to bring social justice and social benefits (National Archives, 2012)? The simple answer is no. The Civil Rights Act of 1964 In 1964 Congress passed Public Law 88-352 (78 Stat. 241). The...
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... He’s going to open a limousine service company named Landslide Limousine in Austin, Texas. He plans to hire twenty-five employees in the first year. This Employment law compliance plan will make him aware of most relevant employment laws and consequences of noncompliance with said laws. All employment laws federal, state and city level are designed to protect employees legal rights. They make sure employees are treated well and provide guidelines to the employers on how to treat their employees. So, it’s extremely important for an entrepreneur to be aware of laws and consequences for noncompliance. Following are some most relevant Federal, state, as well as Austin city employment laws very organization must follow: * The Equal Pay Act of 1963 * The Age Discrimination in Employment Act of 1967 (ADEA) * Family and Medical Leave Act (FMLA) * The Civil Right Act of 1964 * The Texas Labor Code Anti-Discrimination Provisions * Austin City Ordinance No. 20120426-063 The Equal Pay Act Of 1963 This act was signed into law by President John F Kennedy on June 10, 1963. This act made it illegal to pay men and women working in the same place different salaries for similar work National Park Service (n.d.). The EPA is still relevant today because in 2013 women earn on an average seventy-seven percent of what men make Re:Gender (2015). The U.S. Equal Employment Opportunity Commission (n.d.) website states that “Any person who willfully violates any of...
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...The Laws and Acts of Human Resources There are many laws and acts in human resources. In the following paragraphs I will define and explain each one. I will also choose two that I believe are most important and explain why I chose them. The Americans with Disabilities Act was signed in to law on July 26, 1990 and it prohibits discrimination and guarantees equal opportunity and access for all persons with disabilities. There are five titles included in this act. The first title requires employers to provide reasonable accommodations for applicants and employees with disabilities and prohibits discrimination on the basis of disability in all parts of employment. The other titles cover areas such as public services, public accommodations and telecommunications. The Family Medical Leave Act is a law that provides employees with up to 12 weeks of unpaid and job-protected leave from their job. There are times when employees must take time off such as for the birth of a newborn, care of a newborn, adoption of a child etc,. Under The Family Medical Leave Act the employer is required to give an employee their exact job or a similar job as they had prior to leave. The pay and benefits are also required to be the same. Age discrimination is when an applicant or employee is treated differently because of their age. The Age Discrimination Act prohibits discrimination against persons over the age of forty and restricts mandatory retirement requirements, except where age is a...
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...consequences of non-compliance. The three employment laws covered are Title VII of the 1964 Civil Rights Act, The Civil Rights Act of 1991, and The Americans with Disabilities Act; all three employment laws written about are an explanation of non-compliance. There is also an assessment on how an organization can ensure compliance with employment laws. Title VII of the 1964 Civil Rights Act Title VII of the 1964 Civil Rights Act was one law instated to ensure equal employment opportunities for all people no matter his or her race, religion, color, national origin, or gender. The 1972 Equal Employment Opportunity, Title VII states that showing any discrimination towards an employee by an employer bases on the applicants or employees race, color, religion, sex, or national origin is discrimination and will be viewed as unlawful. There are two major functions of the Act regarding discrimination: 1. Showing failure to hire an individual or refusing to hire an individual based on the terms outlined in the act are discrimination. In addition to the hiring process, relieving an individual from his or her duties within an organization, refusing benefits or compensation, changing one’s terms of employment or privileges of employment including any employment conditions of said employee based on race, color, religion, sex, or national origin is viewed as a company practicing discrimination. 2. Practicing segregation, limiting or classifying employees or applicants for employment in...
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...to the U.S. Equal Employment Opportunity Commission (2012), Title VII of the Civil Rights Act of 1964, as it appears in volume 42 of the United State code, states that it is illegal for employers to discriminate against employee within an organization in regards to race, gender, color, religion, or country of origin (Title VII of the Civil Rights Act of 1964, Editors Note, para. 1). Ivancevich and Konopaske (2013) also explain that within the code, employers cannot retaliate against an employee who alleges discrimination, as listed above, or any employee who is involved in a discrimination lawsuit. Organizations that are exempt from Title VII include employers and labor organizations that employ less than 15 employees or members, private membership establishments and various religious organizations (Ivancevich & Konopaske, 2013). The law encompasses several aspects of employment that include, hiring of employees, firing of employees, promoting and compensation (Ivancevich & Konopaske, 2013). The Civil Rights Act of 1991 amended several of the statutes enforced by EEOC. Under the previous code, jury trials were possible only in cases brought under the EPA or the ADEA. Under amended provisions, parties were allowed to obtain jury trials and recover compensatory and punitive damages in Title VII and ADA lawsuits involving intentional discrimination (Ivancevich & Konopaske, 2013). The Act also placed statutory caps on the amount of damages awarded for future losses, pain...
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...Workplace and Employment Discrimination Issues in respect to Indigenous Australians Social indicators measuring wellbeing have shown that, as a group, indigenous Australians are the most vulnerable group of people who have the lowest economic status. The high unemployment rate is one of the main contributing factors to indigenous Australian’s poverty. In 1996, Australian indigenous unemployment rate was nearly 23 per cent in contrast to the non-indigenous rate of 9 per cent. Indigenous Australians suffer discrimination and face prejudices that are often perpetuated within Societies especially in the area of employment. In 1965 Australia signed the International Convention on the Elimination of all Forms of Racial Discrimination (CERD). In order to fulfill the requirements of the Convention the federal Parliament passed the Racial Discrimination Act 1975 (Cth) (RDA) and the States have passed the RDA’s equivalent Acts to protect all culture groups and races from discrimination. However, in Queensland the RDA and Anti- Discrimination Act can not adequately protect the interest of indigenous people. In order to achieve true equality among all human races, special measures are needed to protect indigenous people from unfair discrimination. 184 words Part one: Anti- Discrimination Act of Queensland 1.1 Indirect discrimination Section 11 of the Act states indirect discrimination happens if a person imposes or proposes to impose, a term- a) With which an attribute...
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...Employment Discrimination BUS 311: Business Law I Employment Discrimination Employment discrimination occurs to many groups of individuals and has been happening for many decades. In the U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons. Laws have been prepared to discourage discrimination from occurring. Equal opportunities laws aim to create a level playing field so that people are employed, paid, trained and promoted only because of their skills, abilities and how they do their job. Discrimination happens when an employer treats one employee less favorably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or a minority ethnic employee being refused the training opportunities offered to white colleagues. There are many types of discrimination. Direct discrimination happens when an employer treats an employee less favorably than someone else because of one of the above reasons. For example, it would be direct discrimination if a driving job was only open to male applicants. Indirect discrimination is when a working condition or rule disadvantages one group of people more than another. Indirect discrimination is unlawful, whether or not it is done on purpose. It is only allowed if it is necessary for the way the...
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...regulations that protect employees from harassment and discrimination. “The U.S. Equal Employment Opportunity Commission (EEOC) 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. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. .” (http://www.eeoc.gov/eeoc/) The EEOC has the authority to investigate any accusations made against employers who are covered by EEOC laws (most employers with at least 15 employees). ”States are permitted to enact and enforce their own employment discrimination laws that include or expand the minimum protections afforded by the Federal laws.” (http://employeeissues.com) Since Pomodoro, Ltd., is a large multinational firm, it will need to abide by EEOC laws when operating within the United States. 2. Civil Rights Act of 1964 and 1991: Title VII of this act prohibits discrimination in any aspect of employment on the basis of race, color, religion, national origin, or sex (gender). The EEOC was established to enforce this act. There have been executive orders and amendments to the Civil Rights Act of 1964 to help...
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...Disability Discrimination Act 1992 Act No. 135 of 1992 as amended This compilation was prepared on 8 January 2010 taking into account amendments up to Act No. 124 of 2009 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Contents Part 1—Preliminary 1 2 3 4 5 6 7 8 9 10 11 12 12A 13 14 1 Short title [see Note 1].......................................................................1 Commencement [see Note 1].............................................................1 Objects...............................................................................................1 Interpretation .....................................................................................2 Direct disability discrimination .........................................................8 Indirect disability discrimination.......................................................9 Discrimination in relation to associates .............................................9 Discrimination in relation to carers, assistants, assistance animals and disability aids...............................................................10 Carer, assistant, assistance animal and disability aid definitions.........................................
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...Employment law is the branch of law which governs the creation, operation and termination of employment, determines the mode of co-workers; the measure establishes safety and disposition of labour disputes. Labour law regulates not processes, and social relations of subjects of labour relations, that is, the social forms of labour. From this point of view of work of the scientist, inventor, writer, and other individual forms of labour are not subject to the regulation of labour law, as performed outside of public relations. Employment law contains rights and obligations of workers and employers. Employment law is characterized by a combination of centralized and local regulations. In the local regulations adopted by agreement of the parties shall be determined daily working hours, set at rest (break), consistent recording of leave and other issues in detail regulate the working conditions of employees. It is important that the rules of local acts do not conflict with federal law. The principle of equality has evolved into demands real equality of opportunity in all areas of life, necessitating the implementation of a full and comprehensive approach to gender equality. It has been important developments in the work related to equality, to equal results, because if people got only equal opportunity, not the liability of government and society in general to guarantee the result and the effectiveness of policies that are designed to make equality real and effective. It is a concept most...
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