Free Essay

Smith V. City of Jackson

In: Historical Events

Submitted By blaine
Words 507
Pages 3
In 2005, a significant decision was made in a lawsuit that brought officers and 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 the new proposal was to make the city a more competitive market for officers for the purpose of attracting and retaining people. This practice gave the older and more experienced officers a lower monetary increase based on wage percentages. This would prove to be a difficult situation to manage. If the pay of the less experienced officers was not that of officers in surrounding areas, there would have had to have been an arrangement of some significance to recruit and preserve some of the lesser knowledgeable and practiced officers. At the same time, the veteran officers should not have to feel the effects of such a pay discrepancy. As a manager, I believe that the only way that this could have been avoided was to bring the veteran officers in on the decision making process on how to recruit and retain the less experienced officers as there may have been other opportunities for those officers in which the city was focusing on rather than pay. Bringing in the veteran officers could have created a much better environment not only for the inexperienced officers, but for the veteran officers as well as it may have also encouraged the veteran officers to speak up about the changes that were needed. There may have been some conflicts during the discussion but I believe that it would have been a win-win situation all around.

Similar Documents

Premium Essay

Guide to Bluebook

...3d). • District court decisions are published by West in the unofficial reporter, the Federal Supplement (F. Supp.) State cases & West Regional Reporters • 28 states publish their cases officially. • The other 22 states rely on the unofficial West reporters to publish their cases in seven regional reporters: – – – – – – North Eastern (N.E. and N.E.2d) North Western (N.W. and N.W.2d) Pacific (P. and P.2d) South Eastern (S.E. and S.E.2d) South Western (S.W. and S.W.2d) Southern (S. and S.2d). New York and California are Odd • The intermediate court decisions of these states are also published by West in the New York Supplement (N.Y.S. and N.Y.S.2d) and in the California Reporter (Cal. Rptr.), respectively. How to Cite Cases Jackson v. Green, 204 So. 2d 94 (Fla. 1974) case name + reporter...

Words: 2416 - Pages: 10

Free Essay

Impact of Precautionary Principle

...To what extent did the precautionary principle assume significance in UK environmental law? In the last few decades the Precautionary Principle has gained significance within the realm of modern environmentalism. It appears, although not always explicitly, in national legislation, international statements of policy, treaties etc. Despite its development, there is no commonly agreed definition of the Precautionary Principle nor is there any guidance on how to implement it. Its central role is to guide administrators and regulators who make decisions or develop policy in circumstances where there is no conclusive scientific proof of a clear link between the relevant action or substance and the harm“on the grounds that it is better to be roughly right in due time, bearing in mind the consequences of being very wrong, than to be precisely right too late.” The first detailed reference to the Precautionary Principle in the UK was featured in the government's White Paper on the Environment, entitled "This Common Inheritance”. It put forward a weaker formulation of the Precautionary principle on the basis that you have to ensure that you balance the costs and benefits in order to dismiss any lack of scientific certainty when taking action against significant risks. It was weakened further in a sub-section of the White paper where it was made clear that all decisions relating to the environment had to “…look at all the facts and likely consequences of actions of the basis of the......

Words: 1290 - Pages: 6

Premium Essay

Socioeconomics and Alcoholism

...Socioeconomic Effects of Alcoholism Philip Malavenda   Socioeconomic Effects of Alcoholism There are no shortage of well documented physical and mental related studies and research done on alcoholism. The physical and mental effects, both short and long-term, can render someone with debilitating health issues ending in death. While there has been significant research and investment into identifying symptoms and factors of alcoholism, it is equally important to understand how the dynamics of socioeconomics impacts the awareness and education of alcoholism prevention. Introduction According to the National Council on Alcoholism, “Alcohol is the most commonly used addictive substance in the United States- 17.6 million people, or one in every 12 adults, suffer from alcohol abuse or dependence along with several million more who engage in risky, binge drinking patterns that could lead to alcohol problems” (NCADD, 2013). Alcoholism has been defined by Merriam Webster Dictionary as “continued excessive or compulsive use of alcoholic drinks”. More than half of all adults have a family history of alcoholism or problem drinking, and more than 7 million children live in a household where at least one parent is dependent on or has abused alcohol. There is growing sediment that alcoholism is hereditary. Studies, including the one done by George Washington University Assistant Professor of Statistics, Taityana Apanasovich, notes that “40 to 60% of alcohol dependence is......

Words: 2323 - Pages: 10

Free Essay

Mormons in the 1830's and 40's

...immigrants into the Great Salt Lake valley in 1847. The population grew rapidly, and by 1849, the Mormons had managed to form a civil government with Young at the helm. This brief summary has set the stage for this report, where I will evaluate Mormons of the 1830’s and 40’s and enlighten you on their beliefs, culture, and impact throughout American History. Establishment of Religion The establishment of the LDS church is a very interesting story that many people do not understand. “In the spring of 1820, a 14-year-old boy named Joseph Smith went into a grove of trees near his home in Palmyra, New York, and prayed to learn which church he should join. In answer to his prayer, God the Father and His Son, Jesus Christ, appeared to him, just as heavenly beings had appeared to prophets like Moses and Paul in biblical times.” Joseph learned that the Church originally organized by Jesus Christ was no longer on the earth. Joseph Smith was chosen by God to restore the Church of Jesus Christ to the...

Words: 4385 - Pages: 18

Premium Essay

Jdt Task 1

...|Toy Company| Memo To:|CEO| From:|Roger Smith - Elementary Division Manager| Date:|January 5, 2013| Re:|Constructive Discharge and Title VII of the Civil Rights Act of 1964| || The work change policy enacted on January 1st, 2013 has lead a former employee claiming constructive discharge due to religious accommodation under Title VII of the Civil Rights Act of 1964. The following content will show the legal associated with his case, our defense against his claim and legal judgments that will assist us on our defense. The Title VII of the Civil Rights of 1964 was enacted to ensure all workers regardless of race, color, religion, sex, or national origin would have a fair working environment, and to prevent employers from using the aforementioned criteria as a basis of discrimination or possible discharge. This case involves three separate issues pertaining to the Title VII legal statute: religious discrimination, religious accommodation, and constructive discharge. Religious Discrimination Title VII states employers are prohibited from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. (EEOC, 2013) In this case, the former employee is stating our company used his religious beliefs or practices as a basis to remove him from our work force. This was done (as stated by the employee) by the change his work schedule. By working a rotating 4 day on/4 day off schedule, our company would require him......

Words: 1905 - Pages: 8

Premium Essay

Apa Format

...American Psychological Association (APA) Referencing Style Guide Overview Other materials         Referencing Intellectual honesty and plagiarism About the APA style In-text citation: Referencing sources within the text Reference list Electronic items Referencing secondary sources Different works of the same author and same year                    Acts of Parliament (includes bills) Audio recording Australian Bureau of Statistics (AusStats) Australian Bureau of Statistics (Census information) Brochure Government report (print) Government report (online) Image on the Internet Lecture (unpublished)/ personal communication Legal cases Microfiche/microfilm document Patent/ Trademark (electronic database) Podcast (from the Internet) Study guide Thesis Tutorial/ lecture handout Video recording, television broadcast or episode in a series Video (from the Internet) Web page / document on the Internet Books and book chapters           Single author Two authors Three to six authors More than six authors No author Edited book Chapter, article or section in a book Chapter or article in an edited book E-book Reference materials Journal articles, newspaper articles and conference papers         Journal article (print version) Journal article (full-text from electronic database) Non-English journal article translated into English Newspaper article (available in print) Newspaper article (from electronic database)......

Words: 4993 - Pages: 20

Premium Essay

Mr Gracia

...American Psychological Association (APA) Referencing Style Guide Overview Other materials         Referencing Intellectual honesty and plagiarism About the APA style In-text citation: Referencing sources within the text Reference list Electronic items Referencing secondary sources Different works of the same author and same year            Audio recording Australian Bureau of Statistics (AusStats) Brochure Government report (online) Image on the Internet Lecture (unpublished)/ personal communication Podcast (from the Internet) Thesis Video recording, television broadcast or episode in a series Video (from the Internet) Web page / document on the Internet Books and book chapters          Single author Two authors Three to six authors More than six authors No author (inc dictionaries/encyclopaedias) Edited book Chapter, article or section in a book Chapter or article in an edited book E-book Journal articles, newspaper articles and conference papers         Journal article (print version) Journal article (full-text from electronic database) Non-English journal article translated into English Newspaper article (available in print) Newspaper article (from electronic database) Article (from the Internet, not available in print version) Proceedings of meetings and symposiums, conference papers Systematic reviews University of Western Sydney Library APA Referencing Style Guide Referencing Referencing......

Words: 4555 - Pages: 19

Free Essay

256 Case List

...Kelner v Baxter (1866) – pg 134. contract signed by promoters who added “on behalf of – X company ltd”. Company concerned was not in existence at time contract made. Court said that if person makes contract as agent when the principal has not been formed then the agent is bound personally. Newborne v Sensolid (Great Britain) Ltd (1954) – pg 134. N contracted to sell tinned ham to S. Contract signed using coy name but not yet incorporated and added a scrawl under name which was individual’s signature. Held that coy or individ. could not enforce contract as individ had not signed as agent and coy was not in existence. Elders Pastoral Ltd v Gibbs (1988) – Walker v Carter (1993) – Dfc v McSherry Export Kilns Ltd (1987) – pg 137. DFC advanced money to MEKL. MEKL granted a debenture to DFC. This was executed on same day as incorporation, however incorporation did not take place until the following day therefore making it a preincorporation contract. Debenture was lodged 3 days later however this was not held to be deemed a deliberate act that ratified the contract. Class-Sea Boats v Duke (1996) – pg 137. actions to carry out terms of pre incorp contract do not constitute ratifying contract. Topic 7 – Directors Duties Sojourner v Robb (2008) – “best interests of company as perceived by director”. Courts rarely interfere. It would have to be a decision that no reasonable person could think was in best interests of coy – extreme. Regal (Hastings) Limited......

Words: 1963 - Pages: 8

Free Essay


...324 - Battle of Adrianople Roman Emperor Constantine I defeats Co-Emperor Licinius, who flees to Byzantium. 683 - St Leo II ends his reign as Catholic Pope 987 - Hugo Capet crowned king of France 1090 - Battle at Hagenoorde: German emperor beats earl Egbert II 1187 - Crusaders enter Tiberias 1187 - Battle of Horns of Hattin; Saladin, Sultan of Egypt and Syria, destroys Jerusalem's crusader army. 1250 - Louis IX of France is captured by Baibars' Mamluk army at the Battle of Fariskur while he is in Egypt conducting the Seventh Crusade; he later has to ransom himself. 1428 - Treaty of Delft between Jacoba of Bavaria & Philip the Good of Burgundy 1608 - Samuel de Champlain founds city of Quebec 1630 - Emperor Ferdinand II opens German Parliament 1661 - Portugal gives Tangier & Bombay to English King Charles II 1720 - Sweden & Denmark sign peace treaty 1754 - George Washington surrenders to French, Fort Necessity (7 Years' War) 1767 - Pitcairn Island is discovered by Midshipman Robert Pitcairn on an expeditionary voyage commanded by Philip Carteret. 1767 - Norway's oldest newspaper still in print, Adresseavisen, is founded (first edition published this date). 1775 - Washington takes command of Continental Army at Cambridge, Mass 1778 - British forces massacre 360 men, women & children in Wyoming, Pa 1778 - Prussia declares war on Austria 1806 - Michael Keens exhibits 1st cultivated strawberry First US President George WashingtonFirst US President George......

Words: 2305 - Pages: 10

Free Essay

Dancing with Demons: Pathogenic Problem Solving

...* References Alcoholics Anonymous Handbook (1976) Alderfer, C. P., Brown, L. D., Kaplan, R., & Smith, K. K. (in press). Group relations and organizational diagnosis. New York: Wiley. Argyris, C., & Schon, D. (1974). Theory in practice: Increasing professional effectiveness. San Francisco: Jossey-Bass. Ashby, W. R. (1964). An introduction to cybernetics. London: Chapman and Hall and University Paperbacks. Ashby, W. R. (1965). Design for a brain. London: Chapman and Hall and Science Paperbacks. Bailey, K. D. (1991). “Autopoiesis”. In Proceedings: American Sociological Association Annual Meeting, . Cincinnati, OH Bateson, G. (1972). Steps to an ecology of mind. New York: Chandler Publishing Co. Bateson, G. (1979). Mind and nature: A necessary unity (Bantam Trade edition, November, 1988 ed.). New York: Bantam Books. Bateson, G. (1991). Sacred unity: Further steps to an ecology of mind. New York: Harper Collins Publishers. Bateson, G., & Bateson, M. C. (1987). Angels Fear (Bantam ed.). New York: Macmillan. Bateson, G., Jackson, D. D., Haley, J., & Weakland, J. (1956). “Toward a theory of schizophrenia.” Behavioral Science, 1: 251-264. Beer, S. (1974). Designing Freedom. Toronto: CBC Publications. Beer, S. (1979). The Heart of the Enterprise. New York: Wiley. Beer, S. (1989). “The viable system model: Its provenance, development, methodology and pathology”. In R. Espejo & R. Harnden, (Eds.). The Viable Systems Model: Interpretations and......

Words: 2187 - Pages: 9

Free Essay

Mormons and Blacks

...Timothy Graham African American History African American relations with the early Church of Jesus Christ of Latter-Day saints. In 1842, Joseph Smith, founder of the Church of Jesus Christ of Latter-Day Saints, was asked by the editor of the Chicago Democrat, Joseph Wentworth, to summarize the basic principles of the newly founded religion. Included in the response, Smith presented thirteen declarations which have collectively become to be knows as the “Articles of Faith”. The thirteenth of these articles states the following: “We believe in being hones, true, chaste, benevolent, and in doing good to all men. Indeed we may say that we follow the admonition of Paul—We believe all things, we hope all things, we have endured many things, and hope to be able to endure all things. If there is anything virtuous, lovely, or of good report or praiseworthy, we seek after these things.[i] It regard to the treatment of Americans of African descent, it is no secret that the nation, at large, treated individuals with great contempt. The question is whether or not this new faith group was any different. How did treatment of African Americans among the Saints differ from that of the general population of the United States during the period from 1830, the church’s founding, to the end of the century? What was the LDS church’s position on slavery and did practice follow policy among members of a church founded on the principles of “faith, hope, and charity”?[ii] And...

Words: 3618 - Pages: 15

Premium Essay

Racism in the Criminal Justice System

...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 in which officers are trying to arrest as many people as possible. Unfortunately, as a result of this new brand of law enforcement, minorities, who are disproportionately thought to be suspects of crime (see "The Rise of Local News and...

Words: 6993 - Pages: 28

Free Essay


...Caucus groups, independent groups of Xerox employees dating from the 1960s, play an important role in our diversity story. These caucuses, similar to networking and affinity groups, are instrumental in advocating openness, opportunity and inclusion for the entire Xerox community. They work with management to achieve common business objectives, self-advocacy and to create an environment of inclusion. Six caucus groups currently exist to address the concerns and meet the needs of employees who are African-American, Hispanic, Asian, women, African-American women, gay, lesbian, transgender and bisexual. Through executive roundtables, our CEO and other senior leaders meet with diverse teams of Xerox employees, often representing one of our caucus groups. During these informal sessions, participants share their views on Xerox’s work environment and business concerns, and identify actionable items for discussion with Xerox’s senior team. The process ensures that the executive leadership team and the CEO are working together to resABSTRACT. Currently, an increasing number of organizations are attempting to enhance inclusiveness of under represented individuals through proactive efforts to manage their diversity. In this article, we define diversity management against the backdrop of its predecessor, affirmative action. Next, selected examples of organizations that have experienced specific positive bottom line results from diversity management strategies are discussed. The...

Words: 9246 - Pages: 37

Free Essay


...specifically that of the internet, people can potentially work from almost anywhere they might wish. The idea of working from home may be viewed as being fundamentally instinctive. William R. Mattox Jr., the vice president of the Family Research Council said, “technologies such as computers and fiber optics could create a ‘neo-agrarian technical revolution’ that would put workers back in their homes, as they were before the 19th century Industrial Revolution lured them away from their farms (Clark).” In essence, telecommuting can be viewed as a natural process by which we have functioned historically and are now in the process of reverting back to our natural ways. Advances in technology have closed the gaps between homes, offices, towns, cities, and continents by building electronic bridges using the information super highway to catapult society into the Information Age. The transition from office to home must be transparent to the customer (Business Plugs into Telecommuting: Bringing Work to People rather than People to Work) and can be completed by ensuring the individual has all the amenities of the corporate office, which include printer, scanner, laptop, high-speed modems, and flat-rate long distance service for this to be effective and productive. These devices would ensure access to...

Words: 2733 - Pages: 11

Premium Essay

Research Paper the Civil Rights Movement

...The Civil Rights Movement Sharon L. Jordan HUM410 Contemporary History Instructor: Lila Griffin-Brown October 16, 2011 African Americans’ efforts to stop the segregation of trains and streetcars, the organizations created to contest Jim Crow laws, and segregationists’ attempts to silence the protests all provide rich testimony to the spirit of agitation present even in this bleak time in American history (Kelley, 2010, p.5). The Civil Rights Movement was a struggle by African Americans in the mid-1950s to late 1960s to achieve civil rights equal to those of whites, including equal opportunity in employment, housing, and education, as well as the right to vote, the right of equal access to public facilities, and the right to be free of racial discrimination (Law, 2005).  This movement sought to restore to African Americans the rights of citizenship guaranteed by the Fourteenth and Fifteenth Amendments. The words civil rights often raise images of Martin Luther King Jr. delivering his soul-stirring “I Have a Dream” speech before the nation’s capital. "The practical cost of change for the nation up to this point has been cheap," Martin Luther King Jr. conceded “(LITWACK, 2009). Martin Luther King Jr., and other leaders of the movement anticipated, the movement provoked gains not only for African Americans but also for women, persons with disabilities, and many others. Organized efforts by an African American, W.E.B. Du Bois, who exhorted blacks to fight for the rights......

Words: 2894 - Pages: 12