Response OneThank you, Catrina, for outlining your thoughts on family-friendly benefits and employment discrimination clearly and succinctly. I agree with you that there is a need for employers to have a better understanding of how to manage diversity within their organizations in order to create a more inclusive and equitable workplace. An ideal workplace is one where diversity is embraced and included in all aspects of your organization, including employee benefits.Moreover, I agree that discrimination based on family status is an issue that has been rising in recent years. In some instances, childless employees are the victims of employment discrimination. While I agree that having a child does not make a person more productive at work or worthy of workplace benefits, it is not fair to discriminate against those whose lives do not include children simply because they are childless. Family-friendly benefits, flexible schedules, and childcare services are all important…...
mlaReferences
King James Bible Online. (2018). OFFICIAL KING JAMES BIBLE ONLINE: AUTHORIZED KING JAMES VERSION (KJV). Kingjamesbibleonline.org. https://www.kingjamesbibleonline.org/
Pailhé, A., & Solaz, A. (2018). Is there a wage cost for employees in family?friendly workplaces? The effect of different employer policies. Gender, Work & Organization, 26(5), 688–721. https://doi.org/10.1111/gwao.12295
Yadav, V., & Sharma, H. (2021). Family-friendly policies, supervisor support and job satisfaction: mediating effect of work-family conflict. Vilakshan - XIMB Journal of Management, ahead-of-print(ahead-of-print). https://doi.org/10.1108/xjm-02-2021-0050
Employment Discrimination:
In the past few years, employees have obtained new ammunition to file lawsuits related to job discrimination in federal courts, though they still experience numerous challenges against the rising victories. According to the findings of recent studies, workers who sue over employment discrimination tend to lose at higher rates in federal courts as compared to other kinds of plaintiffs. However, most of these employees are hopeful that the recently signed Lilly Ledbetter Fair Pay Act will herald an improved climate for discrimination lawsuits. This is primarily because the legislation makes it easier for employees to sue over pay discrimination on the basis of race, gender, disability, or age through the extension of the legal deadline to file such cases or lawsuits.
Due to the odds against winning employment discrimination cases, some lawyers have become reluctant to even try to an extent that they have stated that they will no longer…...
mlaWorks Cited:
KOPPEL, NATHAN. "Job-Discrimination Cases Tend To Fare Poorly in Federal Court." The Wall Street Journal. Dow Jones & Company, Inc., 19 Feb. 2009. Web. 29 Nov. 2012. .
Schamotta, Justin. "Difference Between Breach of Contract & Breach of Warranty." Small Business Chron. Hearst Communications, Inc., n.d. Web. 29 Nov. 2012. .
United Kingdom. Health and Safety Executive. Preventing Slips and Trips at Work - A Brief Guide. Health and Safety Executive, Nov. 2012. Web. 29 Nov. 2012. .
In presenting their case to the U.S. Supreme Court the company articulated that the usurpation of the authority of a seniority system is not justifiable under the AA provisions, and as such Barnett was not wrongfully denied the opportunity to maintain his position.
oes the Supreme Court ecide that a Seniority System "Trumps" and Accommodation Request?
The Court in arriving at its decision presents a reasoned and thoughtful explanation of seniority systems relative to employer/employee hiring. In doing so the Court articulates a considerable advantage and benefits for employees under a company seniority system, "by creating, and fulfilling, employee expectations of fair, uniform treatment. These benefits include 'job security and an opportunity for steady and predictable advancement based on objective standards'" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). This tactic allows the Court to posit that a seniority system in fact "trumps" an accommodation request under the AA…...
mlaDoes the Supreme Court Decide that a Seniority System "Trumps" and Accommodation Request?
The Court in arriving at its decision presents a reasoned and thoughtful explanation of seniority systems relative to employer/employee hiring. In doing so the Court articulates a considerable advantage and benefits for employees under a company seniority system, "by creating, and fulfilling, employee expectations of fair, uniform treatment. These benefits include 'job security and an opportunity for steady and predictable advancement based on objective standards'" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). This tactic allows the Court to posit that a seniority system in fact "trumps" an accommodation request under the ADA however, in doing so employees are in the totality of cases better served, if in a case by case basis such as Barnett the employee may not.
The Court's reading of the legislation places a superiority of the seniority system over the ADA because they could "find nothing in the statute that suggests Congress intended to undermine the seniority system" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). In particular the Court reasons that if employers were forced to prove on a case by case basis that seniority systems alone were not enough to override ADA legislation, then the "accommodation decision might well undermine the employees' expectations of
Presence of minority groups at a workplace
At work places, individuals are being discriminated on the basis of being a minority. Structural theory states clearly there is always a consequence for being the minority. This theory is in relation to three known token dynamics which include; it leads to contrast effect that leads to social isolation, it has the element of visibility that results to performance pressure and it also results to stereotyping or role encapsulation (Bell, 2007). Discrimination may be as a result of the individual (from the minority group) being scrutinized to find out whether he/she is capable to excel in whatever he/she is doing. From this theory, an individual whom the public does not associate his/her presence with a certain kind of work is more doubted than a person whom they have faith that he/she can handle the work. For example, a woman with mechanic skills can be…...
mlaReferences
Alon, S., & Haberfeld, Y. (2007). Labor force attachment and the evolving wage gap between White, Black, and Hispanic young women. Work and Occupations, 34, 369-398.
Byron, R.A. (2010). Discrimination, Complexity, and the Public/Private Sector Question. Work and Occupations, 37(4), 435-475. doi: 10.1177/0730888410380152
Bell, M.P. (2007). Diversity in organizations. Arlington: South-Western Cenage Learning.
Couch, K.A., & Fairlie, R. (2010). Last hired, first fired? Black-White unemployment and the business cycle. Demography, 47, 227-247.
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 charges of violating The Federal Fair Labor Standards Act (2011) by asking management to adjust time sheets so that overtime will not need to be paid, and so that all employees will work under the hourly limit required by the union in order to obtain membership. Employees were insured, without their knowledge, against their death by Wal-Mart. The company was named beneficiary; following death of an employee, the entire benefit amount was retained by the corporation. Not a single cent…...
mlaReferences
Business Day, Companies. (2011) The New York Times. Retrieved
The main defense to a disparate treatment lawsuit is that the plaintiff was not treated differently than similarly-situated people. An ancillary defense to a disparate treatment claim is that the plaintiff was treated differently, but that the discrimination is part of a bona-fide occupational qualification.
Reasonable accommodation refers to the accommodations that an employer must provide to an employee under federal anti-discrimination laws. The term is most frequently used to describe actions under the Americans with isabilities Act, though Title VII of the Civil Rights Act of 1964 may imply a duty for reasonable accommodation of certain things, such as allowing a nursing mother time to breast pump during the workday. A reasonable accommodations lawsuit is almost always going to involve a single plaintiff. The first defense is that the accommodations were reasonable. However, there are several factors relating to exactly what type of accommodation an employer must make, and…...
mlaDisparate impact employment discrimination suggests that an employment practice has a greater impact on one protected group than it does on other groups. For example, a non-driving related job in New York city, which required the employee have a driver's license might impact members of different races in different ways. If there is a disparate impact, then the employer has to prove that the questionable practice is actually linked to the performance of the job. Disparate impact cases generally have a greater number of plaintiffs, because they deal with how large groups of people are impacted by a company's employment practices, though a single plaintiff can bring a disparate impact suit, as well. The main defense to a disparate impact lawsuit is that the practice in question does actually have a relationship to the job.
Disparate treatment alleges that an employer discriminated against a specific, protected person, or that a company's employment policies intentionally discriminate against a protected class. For example, the lawsuit that was brought against Hooters' restaurant alleged disparate treatment because male servers were not hired at the restaurant. Generally there is a single plaintiff in a disparate treatment lawsuit, though if a company's employment policies are facially discriminatory, there could be numerous plaintiffs. The main defense to a disparate treatment lawsuit is that the plaintiff was not treated differently than similarly-situated people. An ancillary defense to a disparate treatment claim is that the plaintiff was treated differently, but that the discrimination is part of a bona-fide occupational qualification.
Reasonable accommodation refers to the accommodations that an employer must provide to an employee under federal anti-discrimination laws. The term is most frequently used to describe actions under the Americans with Disabilities Act, though Title VII of the Civil Rights Act of 1964 may imply a duty for reasonable accommodation of certain things, such as allowing a nursing mother time to breast pump during the workday. A reasonable accommodations lawsuit is almost always going to involve a single plaintiff. The first defense is that the accommodations were reasonable. However, there are several factors relating to exactly what type of accommodation an employer must make, and an employer can claim that the accommodation was too costly or otherwise prohibitive, and actually be excused from providing the accommodation.
This can also lead to feelings of inadequacy and low self-esteem.
It is also noted that religious discrimination can be both overt and covert. Overt discrimination is a more obvious form of discrimination, such as name -- calling and physical intimidation ( Perceived eligious Discrimination and its elationship to Anxiety and Paranoia among Muslim Americans). Covert discrimination is often more insidious and psychologically harmful in that it is suggested by innuendo and veiled remarks that are often less able to be attacked or defended against.
It is also claimed that continued stress as a result of discrimination can lead to mental health problems such as depression and anxiety. However, there is a paucity of research in this area; for instance, "Although the effects of discrimination and hate crimes among various minority member's mental health is documented, no research to date examines the correlates of perceived discrimination among Muslim Americans" (Perceived eligious…...
mlaReferences
Employment Discrimination Based on Religion, Ethnicity, or Country of Origin. Retrieved from http://www.eeoc.gov/facts/fs-relig_ethnic.html .
DISCRIMINATION BASED ON RELIGION. Retrieved from http://www.oregon.gov/BOLI/CRD/C_Religion.shtml .
Discrimination- Introduction. Retrieved from http://www.compactlaw.co.uk/monster/empf28.html
Discrimination: Religion. Retrieved from http://www.aflcio.org/issues/jobseconomy/workersrights/rightsatwork_e/disc_religion.cfm
Employment Discrimination
Advocacy
Advocacy groups exist in a few different forms, some that work on federal issues, and others that are more focused on state issues. States have the right to pass laws that offer protections that go beyond the federal laws -- the Civil ights Act is the baseline federal standard. As an example, the federal policy on sexual orientation as a protected class relies largely on EEOC rulings, as it is not written into federal law. Several states have therefore chosen to write their own employment discrimination laws to extend protections to other classes than those who are covered under federal law. The state laws may also apply to more companies, as under federal law a company must have 15 employees in order for the law to apply.
States that lack employment discrimination protections will often have advocacy groups that are fighting at the state level to have protections extended to…...
mlaReferences
City of Atlanta (2016). Non-discrimination laws. City of Atlanta. Retrieved from http://www.atlantaga.gov/index.aspx?page=1089
Georgia Code. O.C.G.A. § 34-5-1 (2015). Retrieved from LexisNexis.
GeorgiaEquality.org (2016) Nondiscrimination. Georgia Equality. Retrieved from http://georgiaequality.org/issues/nondiscrimination/
GeorgiaEquality.org (2016, 2) Workplace fairness. Georgia Equality. Retrieved from http://georgiaequality.org/workplace-fairness/
Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.
Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…...
mlaReferences
1964 Civil Rights Act. Pub.L. No. 88-352 (1964).
Civil Rights Act of 1886. U.S. Statutes at Large, Vol. 14:27 (1866).
Friedman, J. (2010). Employment Discrimination: Examples & Explanations. Frederick, MD: Aspen Publishers.
U.S. Const. amend. V.
If we refer to the latter term, for example, a proactive approach will imply creating the necessary physical and emotional condition for a disabled employee to function properly in the group.
Bibliography
1. Civil Rights -an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/civil_rights.html
2. Employment Rights - an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/employment_discrimination.html
3. he Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
4. Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
5. Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.
Civil Rights -an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/civil_rights.html
Employment Rights - an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/employment_discrimination.html
he Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.htm...
mlaThe Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.htm
Discrimination and Affirmative Action
"Firefighting is a skilled job where all of the skills learned are on the job… It's a really good job, and it's been racially exclusive in most of our major cities…" (John Payton, NAACP) (Liptak, 2009, The New York Times)
orkplace issues that revolve around racial fairness and racial justice typically are highly charged with passion and contentiousness. The now notorious case of the Caucasian firefighters in New Haven, Connecticut -- who sued when they believed they were discriminated against -- is a classic case in point. This paper examines and critiques the many issues surrounding the case the firefighters brought to the U.S. Supreme Court.
The basic background of the case
The city of New Haven, Connecticut made a management decision to base future promotions of its firefighting units on a written test. This was 2003. According to Emily Bazelon (writing in Slate) the city apparently didn't feel confident…...
mlaWorks Cited
American Civil Liberties Union. (2009). Supreme Court Rules Connecticut Firefighters Unfairly
Denied Promotions Because Of Race. Retrieved May 10, 2011, from: http://www.aclu.org .
Bazelon, Emily. (2009). The Sotomayor Mystery: Why didn't she explain herself in this year's big race case? Slate. Retrieved May 10, 2011, from http://www.slate.com .
Liptak, Adam. (2009). Justices to Hear White Firefighters' Bias Claims. The New York Times.
The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom.
Employment Rights Act of 1996
Scope & Summary
There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As stated by the…...
Discrimination and Prejudice Affects Families
Discrimination is basically defined as the unfair or prejudicial treatment of various kinds of people or things, particularly on the basis of age, race, sex or ethnicity. In contrast, prejudice can be described as a preconceived opinion about a person or a group of people that is not based on experience or research. Discrimination and prejudice occur in various societies as various groups of people are wrong preconceived opinions and unfair treatment that is fueled by various factors. Some of the most common factors that generate discrimination and prejudice include cultural differences, religious differences, socio-economic differences, racial differences, differences in sexual orientation and preferences, and differences in nationality. As a result of its spread, discrimination and prejudice continues to have considerable impacts on families and child rearing practices, which necessitate the development of measures to address it.
How Discrimination Affects Families
Generally, the effect of discrimination varies…...
mlaReferences
Ambrosino, R., Heffernan, J., Shuttlesworth, G. & Ambrosino, R. (2011). Brooks/Cole
empowerment series: social work and social welfare: an introduction (7th ed.). Belmont, CA: Cengage Learning.
Davies, M. (2008, November). Eradicating Child Poverty: The Role of Key Policy Areas.
Retrieved November 22, 2014, from http://www.jrf.org.uk/sites/files/jrf/2271-poverty-exclusion-discrimination.pdf
Legislation
Disputes
Advice on Handling Dismissals
The Minimum Wage
Working Time egulations
WOKES AND EMPLOYMENT
DISCIMINATION
Gender and Sexual Orientation Discrimination
Sexual Orientation
Gender eassignment
Discrimination on Grounds of ace or eligion or Age
Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees.
Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public image leads to customer loyalty as well as higher profits and funding…...
mlaReferences
Ashworth, A. 1995. Principles of criminal law. Oxford [England]: Clarendon Press, p. 87.
Computer World. 1996. IT security managers too focused on compliance, experts say. [online] Available at: [Accessed: 12 Jun 2013].http://www.computerworld.com/s/article/9237254/IT_security_managers_too_focused_on_compliance_experts_say
Fay, J. 2007. Encyclopedia of Security Management. Burlington, MA: Butterworth-Heinemann, p. 249.
Fletcher, G. 1998. Basic Concepts of Criminal Law. New York, N.Y.: Oxford University Press, p. 45.
Case Statement
This case involved a white woman and a black man who had an encounter in a parking lot and there was controversy if discriminatory action ensued. The two, Hope and Dillon, gave two different versions of the encounter.
At its very core, the conflict in the case is about racial discrimination. Legal advocates and scholars have given various definitions to racism and have focused on disparate impact and differential treatment. Their definitions can be crystallized into differential treatment occurring when individuals are accorded unequal treatment because of their race and disparate impact occurring when individuals are subject to the same treatment based on specific predefined procedures and rules, but where the procedures and rules are structured in favor of one group (Devah Pager & Hana Shepherd, 2008).
Issues to Resolve
Where there is a history of discriminative practices, an exchange like the one between Dillon and Hope is just one of many…...
Crafting a Compelling Women's Rights Thesis Statement
Introduction
A strong thesis statement is the cornerstone of any persuasive essay, and in the realm of women's rights, it is essential to convey a clear and compelling argument. A well-crafted thesis statement should succinctly present the reader with the writer's stance on the issue, providing a roadmap for the essay to follow. Here is a comprehensive guide to formulating an effective women's rights thesis statement.
Understanding the Issue
Before embarking on crafting a thesis statement, it is crucial to have a thorough understanding of the issue at hand. This involves delving into the historical, legal, and....
1. The Disproportionate Impact of Poverty on Access to Justice
Explore the systemic barriers faced by low-income individuals in accessing legal services, including lack of financial resources, limited awareness of legal rights, and discrimination.
Examine the role of poverty in perpetuating legal inequality and fostering a cycle of disadvantage.
2. The Intersecting Effects of Race, Class, and Gender on Legal Outcomes
Analyze the complex interplay between social class, race, and gender, and its impact on access to justice for marginalized communities.
Discuss how these intersecting identities can exacerbate legal barriers and shape courtroom experiences.
3. The Role of Legal Aid in Mitigating....
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