Employment Law
The following shall be answers to questions that relate to employment law. It shall be a case analysis.
PG 93 Questions
Southwest Airlines Company has accepted that it is an organization, which recruits only female workers. It rejects employing male workers. It has both weight and height limits which would inhibit male applicants. It stated that a Title VII outlaw on discrimination of sex justified its recruitment of female workers for public contact posts of flight attendants and ticket agents. The company maintained its reasons for not employing male workers, as being that the female workers would present the sexy image of the company (Bennett-Alexander and Hartman, 2012 page 92). The issue that hence results now, is whether Southwest has proved that being female is a practically essential BFOQ to sustain the success of the business hence the discrimination in sex. Southwest Airlines failed in their defense claim. For those people that love the employer marketing scheme, perhaps a compromise could be made. It should be observed whether the female workers are happy with the jobs they already do. However, there ought to be certain jobs male employees could be hired for, background duties like luggage work as well as repairs.
2) I think the BFOQ's standards are not firm at all. They actually appear quite simple. The standards/test itself goes in this manner: (1) does the job in consideration necessitate that the employee be just one sex and (2) is the condition logically essential to the business of the employers (Bennett-Alexander and Hartman, 2012 page 92). It leaves us on the final contemplation that gender discrimination would be essential only if the essentials of the business would be compromised by not employing members of the sex that it particularly needs. Hence, the standards are then quite simple. of the essence of the matter now hinges pn how every busines attempts to understand and utilize the standards.
3) A commercial success argument ought to be stressed more in court if reasonable proof is provided to support it. With the argument that was utilized by Southwest, there existed no reasonable poof to its defense. In case it had provided evidence that business objectives would surely be damaged with the recruitment of male employees, then it could be balanced with the concern of the Congress via compromise (Writer Thoughts). Permitting the recruitment policies to apply to Congress would perhaps have that in return, the company stick to the position of Congress in a differing manner; for instance recruiting male workers to perform other jobs the company possesses.
Pg 101 Questions
1) According to the case in question, it is observed that block workers in Connecticut state agency have been elevated to supervisors. The manner through which the promotion is conducted is through passing a written test. There existed a distinct impact whereby blacks pass at a rate of 68% in comparison to the whites who did the same examination. Black employees that failed in the test were not included in further deliberations for permanent supervisory jobs (Bennett-Alexander and Hartman, 2012 page 100). The agency most likely promoted the higher fraction of blacks because of the thought of favorable handling of other workers of the racial group. Taking into consideration the civil rights history possessed by the African-American, it might be likely that that agency was somewhat attempting to make a political statement.
2) As observed in this case, in the "bottom-line" defense theory, an employer's action of discrimination based on race, in promotions influenced by a test possessing distinct impact could not leave the employer accountable for the racial discrimination experienced by the workers if the "bottom-line" outcome of the procedure causes a suitable racial balance (Bennett-Alexander and Hartman, 2012 page 100). Because the workers are utilizing the "bottom-line" defense of the employer as what they are opposing, they ought not to be permitted to take legal action unless they could discover another tactic to go against if the bottom-line was not discriminatory. In this particular case, it was established that the "bottom-line" did not stop the employees from developing a prima facie case.
3) In order to avoid accountability the employer could have examined other techniques to decide on promotion for the workers. For instance, rather than a written test, the employer could assess the services the workers have offered in their years of employment (Writer Thoughts). For instance, if there existed a worker that worked in the agency for five years, the employee ought to look at the history and observe if there are any important things that the employee has performed which would deserve a promotion on their part rather than looking at a written test that could offer quite biased outcomes.
Pg 144 Questions
Looking at the claims of John Doe and the possible defenses by ABC Science as an attorney, I would recommend that the company reach some type of settlement with Mr. Doe allowing him to retain a position within the company. His claim under the ADA appears to be very strong and supported by the facts. An adverse decision could be damaging to the company, not only financially, but also from
legal principle of at-Will employees is one that I feel has both good and bad ramifications. On the good side, it allows employees to quit at any time and seek employment somewhere else. This can be a positive step if the employee feels that the job is not something he or she wants to continue for whatever reason. On the other hand, I think this principle could undermine the
Employment Discrimination at Wal-Mart Foundation of the Study This study examines the legislative and judicial climate that enables corporations like Wal-Mart to engage in practices that violate workers' rights. The popular consensus is that Wal-Mart, the largest retail store in the United States, displays an inordinate disregard for the human dignity and morale of its employees and, despite continual litigation, continues to blatantly violate the legal rights of its employees. Wal-Mart faces
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get
Women and Work Over the last four decades, women have entered the workforce in greater numbers than ever before. At the same time, they have pressed for equality with men in terms of level of achievement, promotions, and pay, generally lagging behind because of discriminatory payment practices and a so-called "glass ceiling" that prevents them from advancing as far as they might. The issue now is how far have they come
Some unions and their federations, however, presently have notable welfare programs, including human services. As of 2007, there were more than 10 million union members in Japan, and the organizational rate was 18.1%. The members were two thirds the number but 1.5 times the rate of those in the United States. Japanese union's mission is to be "maintaining and improving the conditions of work and raising the economic status
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