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Business legal issues. Brandon Burton, Leslie Gaines, Eric Defrancisco, David Butler, Sanjeev Dube - Essay Example

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There are concerns which, because of their implications and the requirements of the law, are improper and deemed indicative of the company’s discrimination of individuals on the basis of their disability, gender, race, and so forth…
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Business legal issues. Brandon Burton, Leslie Gaines, Eric Defrancisco, David Butler, Sanjeev Dube
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Download file to see previous pages In this case, the mention of his disability as a concern may be construed as prejudice against the physically disabled as a class. The discrimination is made more apparent by the fact that the position being applied for is a managerial one, a job that requires more of mental skills rather than physical capabilities. There may be instances, however, when it is proper to express concern that physical disability may get in the way of the discharge of the duties of the position. When the job requires physical dexterity and the application of manual skills, then clearly the situation of a paraplegic will be a hindrance to the discharge of the function. There are many such instances when the specification of physical attributes for a particular job is accepted as normal and regular, such as requiring airplane attendants to be of a certain minimum height to be able to reach overhead baggage compartments, or ballet dancers to be male to fulfill a particular dance role. Ethnicity or racial origins may sometimes be necessary for assignment in certain parts of the world, to reduce the threat of personal risk to the individual, or to increase the company’s acceptance in that culture. ...
(2012). “Dallas company sued for disability discrimination.” Retrieved from: http://www.houstonemploymentlawattorney.com/2012/06/dallas-company-sued-for-disability-discrimination.shtml Response to the post of Student 2: Leslie Gaines Reading through the original report of the case, it is mentioned that the company believes the claims to be baseless, “but will investigate them thoroughly.” What is happening in this case, or at least what the company wants to portray, is that the assignment of non-whites to lower-paid “back of the house duties” (if it is true) is the decision of the local branch management and is not a policy of top management. In either case, the company has a duty of restitution to the non-whites, not only in monetary terms, but in terms of restoring their dignity and self-esteem. Then if indeed the branch management is culpable, then they should be dealt with by the top executive, together with articulation of a clear statement against discriminating practices (Daft & Marcic, 2012). It is clear that the company does not claim that the restaurant is trying to maintain a high-end image so it does not assign non-Caucasians as servers; it is the plaintiffs who allege this (Wildeboer, 2012). Had this been the defense of the firm – that it seeks to maintain an image – then it would be tantamount to an admission, and the force of the law should be brought to bear upon it for racial discrimination. Nor does the report say the 26 plaintiffs were qualified. If they are, the firm should be held accountable by the principle of command responsibility. However, it must first be proven that there are and have been absolutely no non-white servers, and that all non-whites, despite being qualified for the front-end, are summarily ...Download file to see next pagesRead More
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