Employment Discrimination Research Paper - 1650 Words

Employment Discrimination Research Paper (Research Paper Sample) Content: Discrimination Paper HRM320: Employment Law Prof. [name] DeVry University Your Name Discrimination Paper Laws have been the shield of the weak, i.e. they have been created to protect those treated unfairly. The Title VII of the Civil Rights Acts was enacted to prevent any harassment and discrimination at the workplace (Moran, 2014). The Act is a federal law that generally "prohibits discrimination by religion, color, sex or national origin" other laws have been enacted to protect employees from their employers. Q1: "What must a person who is claiming they were harassed in the workplace allege in order to first state a case with the EEOC for each of the following types of harassment?" Sexual harassment à ¢Ã¢â€š ¬Ã¢â‚¬Å" quid pro quo. The term "quid pro quo" is the Latin word denote giving something to get something. The victim is asked to offer sexual favors to their superiors or supervisors so as to receive benefits at the workplace these favors can be promotions, jobs. For the victims to present their cases to EEOC they should fulfill the following six requirements; the victim should be part of the protected class, the cases should be gender related, the victim should not have been in agreement to the sexual advancements, the harassment should be sex related, the harassment should have occurred during the employment period and finally the act should have a detrimental effects on the victim's job (Moran, 2014). Sexual harassment à ¢Ã¢â€š ¬Ã¢â‚¬Å" hostile environment. For an individual to seek for just in a case of the hostile environment, they have to prove that they are a victim of sexual harassment while subjected to intimidation or offensive sexual conduct by their colleagues or management (AVERY FISK, 2010). In addition to the quid pro quo requirements, the act should be pervasive or severe hence the victim finding the environment abusive and cannot conduct their work function. The act of harassment should be persistent. Religious harassment. This kind of harassment can be sought justice after by individuals who have faced offensive or derogatory remarks by their religious leaning. The claimed should always be pervasive and severe in nature affecting the ability of the individual to work. Racial harassment. Racial harassment is categorized by an employee being subjected to frequent unwelcome racial slur, comments and behavior demeaning one's race hence creating a hostile environment. This harassment can be vertical i.e. from a supervisor or horizontal from a co-worker or organizational culture. The harassment should be first reported to the employer, in the case where the employer is not the perpetrator of the harassment. The employer would be required by the law to take the necessary correctional action lest he/she is held liable for the harassment (Shickman, 1998). Q2: "Explain the difference between sexual harassment, gender discrimination, and sexual orientation discrimination, as those terms are used legally." Sexual harassment is when an individual is harassed by a co-worker, supervisor or a non-colleague making offensive remarks, using pictures distribution or asking sexual favors to a male or a female. The perpetrators will consistently ask for sex from the victims to the extent of obsession or blackmail. Gender discrimination is when one is subjected to prejudice based on the fact that they are male or female. Sexual orientation discrimination is when an individual is denied a work related chance like promotion, pay raise or even a job because of being gay. Q3: "How does GINA protect a person whose mother died of breast cancer from employment discrimination?" This is the Genetics Information Nondiscriminatory Act of 2008. The law was under the Title II of GINA, states that an employer may not discriminate against anyone in any job-related chances based on their genetic information. The EEOC states "family medical history is an inclusion in the definition of genetic information of an individual as it is medically used to determine if someone is at the risk of getting a disorder, disease or a given condition in the future" Employers are required not to discriminate against anyone whose family member has had breast cancer. The passing of the family member as a result of breast cancer does not affect the productivity of an individual. Q4: "Provide one example of behavior that could be found to be both a hostile environment and quid pro quo forms of sexual harassment at the same time. Explain how a person could argue that this behavior at work was illegal." This case can occur when a supervisor asks you on a date, and you refuse, and show no interest, but he/she constantly pesters you every day with the same request. The supervisor then decides to send for a business dinner, and you feel obliged to go as it is business. During the dinner, the supervisor informs you that the company will be restructuring and in case you want to continue having a job you have to go out with him and also know how to play your cards right. In the wake of all this, you become distressed but still holding your ground. Later after several unsuccessful attempts he/she decides to fire. The situation shows that it was severe and pervasive that the individual could not work as the environment was hostile. The situation was also a quid pro quo case as he/she asks for a date so that you can continue having your job. Q5: "Give the main legal reason why every company should have a valid written policy against all forms of harassment (besides the fact it is the "right" thing to do.)" A company having a valid written policy is for the purpose of minimizing liability and also for use to educate employees on the presence of the different kinds of harassments that can occur at the workplaces. All the employees are made aware of what kind of action they can take or cannot take in case of the harassment cases. They are also given the procedure to take in making a claim in the event of the occurrence of the harassment. If the employer can prove that there were prevention and remediation, then he will not be liable in case there is a case. Q6: "Can an employer require that only females serve female customers, and only males serve male customers? Explain your answer using legal terms." Under the Title VII of the Civil Rights Act, such a requirement would be violation of the gender discrimination laws. There should be no specifying of the gender preference in serving customers. All employees should be treated equally and perform the same tasks regardless of their gender unless it is a required occupational qualification that specifies that a given gender to perform a given task. Mostly the bona fide occupational qualification (BFOQ) operates as a defense in a case of discrimination in regards to national origin, religion, gender and age. For example, female attendants would be required in the female fitting room. Q7: "How many employees must an employer/company employ to be subject to:" The ADA. The American Disability Act states that an employer with 15 or more is liable to the Act. Pregnancy Discrimination Act. The Pregnancy Discrimination Act has been amended from the Title VII of the Civil Right requiring an employer with 15 or more employees to be subjected to this law. Title VII. Applies to employers with 15 or more employees who have been employed for 20 weeks or more in a calendar year. IRCA. Immigration Reform and Control Act applies to employers with four or more employees. GINA. Employees are subjected to this law when they are 15 or more. Q8: "Assume you work for a company that has a sexual anti-harassment policy, but not a religious, sexual orientation, or racial anti-harassment policy. Write a one-two paragraph statement to your boss (the HR Director), as to why you believe it would make sense to revamp the policy to include other forms of harassment. Include one example of a real situation where a policy may have protected a company from liability or stopped harassment from happening. (You will find case examples on the EEOC website). Cite that case/situation in your memo to your boss. Provide the amount of damages/fines the company in your example case had to pay as a result of failing to protect an employee from discrimination." HRM department, I have come to the establishment that our company does not have the following policies religious, racial anti-harassment and sexual orientation policy. These other policies are equally important as the sexual anti-harassment policies. It would in the best interest of the company to compile such policies. I reviewed some of the cases on the EEOC and came across the Taprite Fassco company in San Antonio, Texas that was compelled to pay $72500 to an employee for sex, disability and retaliation case. The company had subjected a female quality employee to sex-based wage discrimination, unlawful retaliation, and disability discrimination. The retaliation suit was because of raising her concerns about the wage disparity between the sexes. In the lawsuit, the company paid males over three dollars an hour than their female counterparts for the same job in the same location. The federal agency pointed out that the company retaliated when the employee raised concerns regarding these situations by demoting her to a less favorable job and lower pay. The suit showed that the company denied her request for reasonable accommodation for her disability due to rheumatoid arthritis and carpal tunnel syndrome. Case Analysis I have chosen case the Vance v. Ball State University to discuss here. "Q1. Explain briefly, the statute(s) (law or act) in question in your case, the facts of the case, and why the parties were in court. What was each party asking the court to do?" In the Maetta Vance vs. Ball State University, the complain...

America Should Pursue Alternative Energy Sources Essay

America Should Pursue Alternative Energy Sources In todays world the demand for more energy to power peoples electronic filled lives is ever growing. Nations around the world are looking for ways to supply this much called for energy and are asking the question â€Å"should they make the move from traditional energy sources and turn to more renewable alternatives?† American has answered this question and is among the nations pursuing alternative energy sources. America should pursue alternative energy sources because â€Å"With only 5 percent of the worlds population, the United States consumes almost one-quarter (22.5%) of global energy†. (((Josef Bram, 15))) With such a small percentage of the world’s population and still one of the largest consumers of energy the U.S should be looking for new and better ways to generate energy. Currently The U.S’s energy is supplied using traditional sources. According to Canadian scientist and policy analyst Vaclav Smil â€Å"Todays energy 29% from coal, 33% from oi l and gas, and 33% from soft-energy (alternative sources)† (((Smil, 47))) Most of the energy we use on a daily basis is not produced using clean methods. Some alternative energy sources that are already in place within the United Stats are wind, solar, and hydraulic. First, wind power is one alternative energy source that America should pursue. Wind power is one of most noticeable of the main alternatives. The power of wind is captured using tall wind turbines or windmills. These turbinesShow MoreRelatedPetroleum vs Renewable Energy Alternatives Essay1228 Words   |  5 Pagesrecent years many universities and scientists have looked for alternatives to oil in the form of renewable energies. These renewable energy sources would be cheaper in the long run, more efficient and environmentally clean. 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Evolution vs.Creationism Essay - 987 Words

Evolution Vs Creationism People have always wondered how life originated and how so many different kinds of plants and animals arose. Stories of a supernatural creation of life developed among many peoples. The Bible, for example, tells of Gods creation of humans and other higher animals over several days. Many people also believed that insects, worms, and other lower creatures spontaneously generated from mud and decay. Long after these stories became rooted in tradition, scientists began to question them. Albert Einstein said, quot;The scientists religious feeling takes the form of a rapturous amazement at the harmony of natural law, which reveals an intelligence of such superiority that, compared with it, all the systematic†¦show more content†¦All organisms can be traced back to a common ancestor from inanimate matter. Charles Darwin once said, quot;When I view all beings not as special creations, but as the lineal descendants of some few beings which lived long before the first bed of the Cambrian system was deposited, they seem to me to become ennobled.quot; (Darwin) Creationists believe in a divine creator, God. Creationism has a broad range of beliefs involving a reliance on Gods miraculous work to explain the origin of the universe, of life, and of the different kinds of plants and animals on Earth. According to the creationist view, God willed everything into existence, and this is how humans came onto the Earth. Creationists say that the evolution theory is biased and incomplete. They believe that the fossil records fail to provide a link between diverse groups. To find out how old fossils are, scientists use a method called radioisotope dating, which measures the amount of uranium or lead lost over the years. Two decades after Darwins Origin of Species was published many religious leaders feared that a less-than-literal reading of the biblical story would result in a loss of faith; and well-known spokesmen for the cause-such as William Jennings Bryan- of moral decay to be evidence of the damage brought about by the teaching of the godless evolution. The issue was argued on a number of platforms, one of the most famous being the Scopes Trial (1925), in which a high school

Analysis Of The Hypothetical Samples †MyAssignmenthelp.com

Question: Discuss about the Analysis Of The Hypothetical. Answer: Introduction The term Medical disorder falls under the provision of section 16 of the Canadian Criminal Code which favors the plea of defense taken by the NCR (Non Criminally Responsible) accused. The present hypothetical case represents the discussion on the mental impairment and criminal responsibility. As per facts of the case, the accused named Ena suffering from mental disorders. She has been charged for brutal murder of a bystander, Mert. The evidences by the witnesses, family and friends lied in the favor of accused as there is lack of motivational element present in the murder. The lack of motivational murder defensible by the plea of accused mental disorder. The paper characterize the following issues of the case Whether accused fit to stand for a trial under s.2 or not? Whether accused actually suffering from mental disorder during offence based on section 16 (1) or not? Whether the present case is fit under absolute defense of homicide on ground of automatism? Hence, the paper concludes that the accused (Ena) is entitled to the plea of the fit to stand trial and the court shall recognize the beneficiary position on the basis of NCRMD. As per construction of the above requisites, the legal analysis of the hypothetical case is based on following cited cases and fundamental principles contemplated in the sections of the Criminal Code. Element of the law in the case The Canadian criminal code in the provision of section 16 clearly states that no accused shall stand in trial proceedings if such accused is unable to conducts its defense on the concerned allegations made by the counsel on account of mental disorder. Such accused set to acquittal on the ground of mental disorder and also on the Automatism. An another facet of mental disordwer where accused rightfully entitled to take plea on the criminal charge on the basis of unconscious and involuntary behavior element present in a person where he does not act voluntarily and is not fully aware of his or her actions. Application of the law supports with the cited cases For the purpose to evaluate the accused state of mental disorder the following cited cases are discussed: As per case R v. Taylor (1992), the standard of fitness was establish on the basis of his analytical capacity to the understanding to the procedure of the court of law. Such standards were acknowledged also in the case of R v Whittle (1994), the case sets out an acquittal on ground of mental disorder of the accused. Here in this case, defense of NCRMD was proved by most leading case of R v MNaghten (1843); the case provided an established rule on defense of the insanity. The verdict of the Supreme Court of Canada in R v Stone (1999) states that the automatism is a factor deals with an action of lack of voluntariness element in the actus reus of the criminal offence. To advance a defense of automatism, R v Mayuran (2012), R v Parks (1992) and R v Stone (1999) provide evidential burden by raising a reasonable doubt in the mind. Relationship between the present legal analysis of the hypothetical case above Referred cases The facts of the present hypothetical case and above cited cases provide a brief significance of mental disorder. As per facts of the case, accused Ena is a fit example of mental disorder. Such above mentioned cited only differentiate on the basis of legal nature. Such legal nature includes a clear introductory view on Standard of Mental Disorder and automatism. The factors of legal nature is based mainly on the implied theory that is every accused is presumed to be fit unless he is unable to understand the proceeding of the case and answering of counsel on concerned facts. Legal application of the case The legal application is based on the Mental Impairment and Criminal Responsibility under Criminal Code. In R v Landry [1991], the accused advanced a defense of NCRMD on the basis of his mental disorder. Landry was found NCRMD as his mental problem affect his incapable of knowing that ordinary person would regard the killing as morally wrong. The verdict of Supreme Court of Canada matches with the facts of the present case. Such facts were that accused believed himself as a god and therefore he is responsible to destroy the evil power of Satan. The facts of the present case also represent almost identical situation that Ena had considered that victim as an evil spirit who aimed destruction to her family. Disposition of the accused in NCRMD finding In my opinion, the present case establishes a transparent assessment of the fundamental principle of factor on NCRMD and automatism. It is a fundamental rule of the Canadian Criminal Code that an accused must be capable enough to form rational understanding over the consequences of his or her conduct in order to establish the guilt of the offence. In R v Winko case (1999), the Supreme Court of Canada emphasized that there is always vital to make prominent balance between rulings on NCRMD with the needs of the society. Therefore, she should be held absolute discharge as she rehabilitated well during the hearing. References Statutes Criminal Code, RSC 1985, c. C-46, ss. 2, 16. Cases R v. Taylor 77 C.C.C. (3d) 551 (Ont.C.A.). v. Whittle, (1994) 2 S.C.R. 914 R v Landry (1991) 1 SCR 99 R v MNaghten (1843) 8 ER 718 R v Parks [1992] 2 S.C.R. 871 R v Winko [1999] 2 SCR 625 Secondary Material Verdun-Jones, S. N. (2015).Criminal Law in Canada: Cases, Questions and the Code (6th ed.) Thomson Nelson Learning.

How to Write an Argumentative Essay For High School

How to Write an Argumentative Essay For High SchoolArgumentative essay topics for high school are the most important component in a good grade. Without it, your grade can't be too high. No matter what grade you want to achieve, an argumentative essay will make it.To write an argumentative essay, you must come up with the theme of the piece. Then, write the outline of the argument as a separate document. The document that follows should show the outline, and then present the facts that support the thesis. Your main thesis statement is what readers will read and evaluate.Many essays are written before they reach high school, so they don't include arguments. In fact, most essays you read in high school were prepared and tested at the high school level. Because of this, they didn't need to include any argumentative points. To write an argumentative essay, you need to think of how to make it your own.Essays for high school are written by students who are already familiar with the topic. T hey already know how they can support their own point of view. Even if your essay was prepared by someone else, you can use this writing style. Your essay is your own creation, and you should be free to express yourself.Before you write an argumentative essay, you should decide on what topic it is going to be about. This decision will help you narrow down your topic. You should also think about who you are writing for. High school age students are not going to understand everything, but you can include some small details that may help them understand. You can include a personal note or paragraph to let readers know that you are including them in the piece.Writing an argumentative essay can be a challenge. In order to write it well, you need to think outside the box. When you hear your topic discussed on the news, or in the classroom, you need to think of how to explain it to your readers. You can get away with a short description, but if you need more information, you should conside r writing a longer essay.People in college are not writing about topics that they will discuss in college, so they won't necessarily be familiar with the topics. On the other hand, college students don't always need to be aware of what's going on in the news. They may be surprised to learn about a new government policy, or even read about how the economy is affecting people in their community. If you choose a topic that's unfamiliar to you, you should come up with ways to explain it to your readers.Argumentative essay topics for high school can be challenging. In order to write it well, you need to be able to think outside the box. If you find it difficult to come up with ideas, you should take a class on writing essays that teach you about argumentative topics. In addition, you should review your topics in high school and write a follow-up essay on the topics to add more context.

Essay Samples For Middle School Students - 4 Tips

Essay Samples For Middle School Students - 4 TipsWriting an essay is a difficult task especially for middle school students. The more difficult it gets, the more time you will need to dedicate to research topics and coming up with right words that best suit the content of your essays.Some of the tips below will help you understand the details of essay writing. With these tips, you can make your writing even better.First, you need to prepare the topic you want to discuss. Next, you have to come up with the writing guidelines for this topic. And lastly, you have to decide on the format that will be used to write your essay.First, you need to make sure that you are aware of all the factors which influence the content of your essay. One of the most crucial factors is the topic of your essay. While choosing a topic for writing an essay, you have to be specific and to be aware of the fact that the topic is not the only thing that affects the content of your essay.You also need to know that there are general ones that are linked to the topic and to each other. The other important things are the starting and ending date, the start date and the end date. In addition, you also need to be aware of other factors like your age, class level, race, religion, sex, culture, and even your social class. Thus, when you are writing an essay, you should always consider the list above to make sure that you choose the right topic for your essay.Writing an essay is not easy. It requires long hours of studying and reading. If you are not really confident about the topic and you feel shy, try to prepare the topics before you begin to write.As you can see, most of the things you need to do are just needed by middle school students. However, if you want to be truly confident and productive, you need to take the steps to ensure that you have everything you need to succeed in writing an essay.

The Number One Question You Must Ask for The Story of an Hour Essay Topics

The Number One Question You Must Ask for The Story of an Hour Essay Topics Much of her writing is dependent on her own sufferings and is frequently full of irony that's very subtle. In that case, then you need to attempt writing narrative essays. The story says, She breathed a fast prayer that life may be long. Even though the story covers just one hour in the life span of the major character, using these various literary techniques present the subject of the story to the reader in an incredibly entertaining way. The cosmic irony of the story is in the easy misfortune of the scenario. Inside this case her liberation is via the death of her husband. Whereas hope is just one of the more compact founding themes within this story, oppression is more blatantly obvious. Unexpectedly, the feeling of joy was born inside her soul. Her husband was in an accident and due to her condition good method of letting her know of this were to be used. Oppressing a wife or a different individual causes a larger loss to the oppressor. As all booklovers should have the identical opinion here is a brief analysis of the story. Despite the fact that, the major character of the quick story isn't an open feminist, she dreams about her independence. A quick story is more than merely a sequence of happenings. It does not have a central theme. The Story of an Hour is mainly a story of terrific irony. Mrs. Mallard's heart condition plays a huge portion of the entire story. Mrs Mallard wasn't able to manage the swings inside her emotions and this cost her life. Study the subsequent groups that have the exact same belief and their influence on the society either inside this modern age or before. The question of freedom is relevant for many parts of literature of when women weren't permitted to make own decisions. It turned out to be a common marriage. Christians should not have anything to fear by being open. The place of women in the society is below the author's scanner. Have students choose a proper scene and any props which are important to that character. A time when women weren't permitted to vote or work outside their houses. For a long time they have been considered the inferior sex and, therefore, expected to be subservient to men. If You Read Nothing Else Today, Read This Report on the Story of an Hour Essay Topics Situational irony is utilised to reveal the reader that what is predicted to occur sometimes doesn't. There's a moment of confusion. Keep in mind this is only an illustration of several possibilities you're able to write about! Unfortunately, there's still a huge group of individuals who don't know a lot about the respective improvements in technology we enjoy today. The work is anticipated to take two months to finish. Other people argue it doesn't exist in any respect. This last thesis presents a method of interpreting evidence that reflects the importance of the question. This line is extremely vital as spring is connected with a new start. Re-reading the question after constructing a working thesis can help you focus and be certain that you're on the right path. The very first step is to think which question you are likely to reply. What You Should Do About the Story of an Hour Essay Topics Starting in the Next 2 Minutes This is the location where you analyze from a number of perspectives. To inform them, you're want to experience the finest narrative essay topics and decide on the very best. In the majority of cases it needs to be considered a formative assignment. Take excellent notes and remember sociology is all about concepts.