LIT1 Task 310.1.5-02, 11, 13 Objective 310.1.5-02: Situation A. The Family and Medical Leave Act of 1993 does apply in this instance and the employer has not violated the act. Company X is a private sector business and has more than 50 employees, thereby being covered by the Family and Medical Leave Act of 1993.…
Does Beach Bum’s recruiting method create a disparate impact in the work force that discriminates against genders under Title VII of the Civil Rights Act? The plaintiff first must prove disparate impact under Title VII, and then a prima facie case of adverse impact must be established. In Griggs v. Duke Power Co, the Supreme Court established the standard elements needed for an adverse impact claim. 1. A neutral employment requirement or practice has the effect of disproportionately limiting employment opportunities to a protected class.…
In regards to the Dothard v. Rawlinson case the Supreme Court, in a 7-2 decision, affirmed that the height and weight requirement for employment violated Title Vll, which prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion (AAUW, n.d.). It was show that these requirements would exclude 41 percent of females in the nation, and could not show that these requirements were job related (Dothard v. Rawlinson, n.d.). This case stems from Dianne Rawlinson being denied a position as a correctional officer because she did not meet the height and weight requirements of 5 feet 2 inches and a minimum of 120 pounds (Dothard v. Rawlinson, n.d.). When viewed at from a perspective of what…
Gant was arrested for driving with a suspended license by police. Before officers searched his car, Gant was handcuffed and placed in a patrol car. In the vehicle search, officers found cocaine and a handgun. During trial, the court denied Grant’s motion to overturn the evidence of cocaine and the handgun on grounds that police lacked a search warrant for his vehicle, and therefore violated his Fourth Amendment rights. The Court denied his motion, ruling the evidence obtained through a legitimate stop and arrest, and in result Gant was convicted with procession of cocaine.…
Title VII of the 1964 Civil Rights Act brought about two chief concepts of illegal discrimination. These concepts are disparate treatment and disparate impact (Harper, 2016). This section of the Civil Rights Act makes it unlawful for an employer to discriminate against an employee based on race, color, religion, sex, or national origin. Individuals cannot lawfully be denied employment opportunities or have their employment adversely affected merely because of their race, color, religion, sex, or national origin (EEOC Website, 2016).…
The Equal Employment Opportunity Commission was created by Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination based on race, color, religion, sex, and national origin. Title VII applies to employers with 15 or more employees, including state and local governments, employment agencies, labor organizations, and the federal government. Title VII also prohibits employment decisions based on stereotypes and presumptions about traits, abilities, or the performance of the individuals of a certain racial group. In June of the 1941, President Franklin D. Roosevelt signed the Executive Order 8802, in which prohibited any type of discrimination based on color, race,…
Title VII of the Civil Rights Act of 1964 states that, “It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, sex, or national origin.” Its goal was to create equality of employment by removing obstacles facing certain classes, such as women. If a law firm had a dress code requiring women in receptionist and secretarial positions to wear high heels, the policy might be challenged under this statute. Courts have taken diverse approaches to applying Title VII and balancing employer and employee interests. Evidence of both adverse health effects and the cultural symbolism…
Eliza has brought a claim against the ISP alleging that she is a victim of discrimination under Title VII of the Civil Rights Act. The basses of Eliza’s claim comes from the fact that the ISP refused to offer her light duty work after she informed them that she was pregnant. In order to prove that one was discriminated against under Title VII of the Civil Rights Act, one has to establish the prima facies elements which were set up in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). These elements include: showing that one was part of a protected class, one performed their occupation in a satisfactory manner, one suffered an adverse action, and other members outside of their class were treated differently.…
LIT1 – Task 1 Fogwill. H. (2016) Western Governors University WGU Student # 000519534 LIT1 – Task 1 Major Provisions of the Family and Medical Leave Act of 1993 The Family and Medical Leave Act (FMLA) of 1993 allow employees to take a maximum of 12 weeks of unpaid time off from work while their job will be protected for them on their return. Additionally, FMLA states employees will continue to have access to their group life insurance (Department of Labor, n.d-a).…
With that said, the company and employees should have been cautious to not violating Title VII of the Civil Rights Act of 1964. Prior to accepting the new position and moving to Kansas, Maalick found and joined…
The first amendment is the nucleus and appears to be the root of various political affairs in today’s modern society. From freedom of speech to the controversial subject matter of abortion; the first amendment contains multifarious deficiencies and is a profoundly disputed topic. Discrimination is one of the monumental aspects associated with this misconstrued amendment. Debate is very prevalent on the matter of whether it or not it should it be deemed unlawful for citizens to discriminate against minorities or gays without facing a consequence. The United States constitution prohibits discrimination when referring to any and all facets of employment.…
Kimberly Raglin Professor Borum English 101 October 30, 2017 The Obamacare Penalty: Is It Really Necessary? The Obamacare Penalty is harsh and unreasonable to put upon the American people. We should not be fined for not providing our own medical coverage.…
The NCAA currently debates that student athletes should be compensated for everything they do. There are not a lot of high school athletes that can’t even make it to the NCAA, but for those who don’t realize how much they get involved in. Although the debate is currently balanced on both sides, it is not ethical to pay student athletes. For a division I athlete, they are clearly already getting a full ride leaving with a college degree and no debt. Why should they be paid more?…
The case of Dothard v. Rawlinson deals with the section of Title VII that focuses on discrimination in the workplace on the basis of sex. In this case, Rawlinson is denied a job as a prison guard based on a 120lb. weight requirement. The tricky part about this case, is that Title VII was not affected directly, in that there was no rule in place that specifically kept women from being prison guards, but an underlying air of discrimination still existed due to the parameters being out of the ordinary for a woman to meet. The court eventually ruled that these requirements were set without any evidence to warrant them.…
“An example of undue hardship is noncompliance with seniority system, staffing issues, threatening security and/or health and costing the employer more than normal for operations.” What You Should Know About Workplace Religious Accommodation. (n.d.). While most businesses and organizations can comply with Tittle VII to adhere to the act, one shouldn’t expect an employee’s religious beliefs to cause undue stress and trouble or money for the company to simply adhere to an individual’s religious…