In the Supreme Court the ruling was overturned. Justice Blackmun who had medical background wrote the Court opinion. Blackmun wrote that the Constitution imagines the “right of privacy” that was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” His opinion was the complete opposite…
The case being addressed in this essay is: Winnipeg Child and Family Services (Northwest Area) v. D.F.G. The topics being addressed in this essay will be provided through a summary and an analysis, explaining the case through legal liberalism and feminist legal theory in relation to the majority decision and the dissenting decision. I personally, agree with the reasoning of the majority decision and will prove why. Summary…
Title VII is supposed to protect employee discrimination among all employees despite the sexual orientation. It is clear that there should be an equal employment for men, women, and the LGBT community. A lot of the states have conducted a law that…
478, 485-6; Gover, 284 F. Supp. 2d 858, 864. In pregnancy discrimination cases, the burden on the plaintiff can be satisfied if it can be shown that discriminatory remarks were made directly to the plaintiff,…
Another problem businesses have with extending maternity leave is the fact some employees never return from maternity leave at all. This can be particularly saddening if the employee was well-liked, but other employees wait until the minute to notify their supervisors they will not be returning. At that point, the temporary employee has already been given their last day and the employer must begin the whole recruitment process over again. Many employers also become frustrated with women who come back from leave and expect the same pay and level of authority, but also the flexibility to work fewer hours and to leave early for soccer games and ballet recitals. Some employers have even admitted that there is a temptation to avoid hiring young…
Individuals should not be at risk of losing their jobs because they are faced with health concerns or faced with taking care of an ill family member. Pregnant women should be allowed enough time off to completely heal from labor, which often takes more than the usual two weeks that most employers offer. Passing the Family Act would allow individuals and pregnant women to take the appropriate amount of time off work in order to heal from illness or labor and take care of and bond with their newborns. The act would benefit and protect the structure of family in the United States. Individuals would not be forced to make detrimental decisions on whether their jobs and financial security is more important than their physical…
Queensland abortion laws must be amended to grant abortions legal under all circumstances. The current Queensland abortion legislations are located under sections 224 – 226 of the Queensland Criminal Code 1899 (Appendices One). These sections in the criminal code imprison women for up to seven years for exercising her right to choose to continue a pregnancy. It also allows medical staff to be imprisoned for three years for simply helping her execute this right. Woman have been fighting since the second-wave of feminism in the 60’s for this essential reproductive right, which these very laws choke.…
from being able to have certain jobs options. Now in this case it can be true today that people are discriminated, but as of now it is illegal to discriminate someone from having a job due to race, sex, religion, etc. In 1964 in order to fight for and protect our equal employment opportunities, the Equal Employment Opportunity Commission was created by the Civil Rights Act, Title VII (EEOC.GOV). This act is what made it illegal to discriminate against any persons for a job opportunity. Along with having equal job opportunities, since women's rights and feminism came on the rise, times have really changed and have eliminated the needs for the…
Case Reflection: State Paternalism and Pregnant Women The case of “State Paternalism and Pregnant Women” is overwhelmingly fascinating as well as very controversial. In fact, this case was so controversial it went all the way to the Supreme Court before a decision was finally reached. Personally, I was unsure of where I stood on this specific issue the first time I read it but ultimately I came to agree with the supreme court’s decision that protected the right of pregnant women from being arrested due to positive drug tests that were given to the police, without the patient’s knowledge or consent. Although I find this case very intriguing, I chose this case to do a reflection on based upon the overwhelming amount of ethical questions…
As well as other restrictions that were placed as a form of temporary setback in the abortion process such as the spousal consent rule that was deemed dangerous due to the possibility of spousal abuse, be it physical or some other means. Overall some things were kept and others were…
History of the Act. The Women’s Legal Defense Fund in 1984 came up with a draft of the legislation that was later to be the Family and Medical Leave Act (FMLA). The legislation was later introduced to the Congress each year from 1984 to 1993 but was repeatedly blocked by entrenched opponents. The Congress finally passed the legislation in 1991 and was passed by the 103rd Congress in 1993 which was the only Congress that had a majority that President Bill Clinton had.…
For example, a federal law called, Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. Typically in most cases it applies to employers with 15 or more employees. This law does include federal, state, and local governments, but it does not include educational centers or educational activities. This left faculty and administrators vulnerable because they were exempt from this law. A female teacher, Bernice Sandler, took action to get Title IX into effect because of some her experiences.…
Equality is shorthand for equality of opportunity, it does not provide anyone with an advantage or equal treatment, but rather aims to put everyone on roughly equal footing for things such as pay, accessibility to documentation and advancement. Diversity is the term used to describe having a workforce of people from various backgrounds, ages, cultures and genders, among other things. Inclusion is taking action to promote diversity within an organisation or community; this is generally achieved by presenting the organisation as a diverse place that is accepting and respectful of personal differences. AC1.2: Explain the impact of equality, diversity and inclusion across aspects of organisational policy The major thing to keep in mind with equality and diversity is that pregnancy is the one protected characteristic that can be positively discriminated…
Reproductive Justice in Canada has gone into the limelight recently with Prince Edward Island finally providing access to abortions by the end of 2016 after years of women having to travel to New Brunswick or Nova Scotia to get abortions. The fight for reproductive rights in Canada has been a challenging struggle that has made tremendous strides and progress due to the efforts of extraordinary activists and contributors. While there have been many strong advances in the direction to improve the lives of women, it is important to remember the efforts of induvial from the past who paved the way for the women of today. The topic of abortion continued to be very controversial and debateable topic which continues on to today. Reproductive Justice…
Burwell v, Hobby Lobby is a court case that resulted from an issue which addresses the necessity of closely held corporations supplying birth control to its employees. The argument of this case is regarding the mandatory requirement to supply coverage for birth control. Hobby Lobby feels the mandate will also cover birth control options that also includes the abortion pill. Hobby Lobby opposed to this idea and due to their religious beliefs. they believe that they should not be required to supply such coverage for birth control under the Religious Freedom Restoration Act and the Free Exercise Clause.…