Employment Law - Assignment Example

Comments (0) Cite this document
The rules may apply to workers who converse while working or even to workers while on breaks such as their lunch break. Such rules serve to prohibit…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.5% of users find it useful
Employment Law
Read TextPreview

Extract of sample "Employment Law"

Employment Law of English-Only Rules English-only rules refer to rules that employers pass which require employees to speak only English while at the place of work. The rules may apply to workers who converse while working or even to workers while on breaks such as their lunch break. Such rules serve to prohibit the use of other languages while at the workplace. There may be questions as to the legality of such rules as they appear to be discriminative in nature against the non-English speaking immigrants (Rutherglen, 2007). The rules may serve to bar such immigrants from employment opportunities due to the language barrier (Rassas, 2010). There exist instances when such rules may be acceptable without being discriminative.
An English-only rule may only apply under justification of business necessity. That means that the employer may only use such a rule in as far as the employee needs to communicate in English to operate efficiently and to ensure safety. According to the Equal employment opportunities Commission, EEOC, English-only rules are justifiable in limited instances. According to EEOC, some of these circumstances that warrant the application of such rules include; a paid speaking position where one is meant to continuously speak to and English speaking audience, when communicating with customers and fellow employees who only speak English, during emergencies where there is need for a common language to ensure safety, where a supervisor needs to monitor employee’s performance, and for cooperative assignments that require workers to speak a common language for efficiency (Rutherglen, 2007).
An employer may be allowed to prohibit employees from using any other language apart from English when speaking to customers who speak only English. That would be to enhance communication with clients and ensure flawless business transactions. Also, the employer may require employees to speak English when addressing their colleagues who speak only English or who may not understand the language that such employees may be comfortable using (Rutherglen, 2007). During emergencies, there is need for there to be a common language that can be understood by all. That is to ensure safety for everyone. That also includes those working on or operating machinery, chemicals or items that may cause harm if not handled with care. In such circumstances, the employer may apply English-only rules as they would help safeguard everyone’s safety. For cooperative duty that requires employees to work in teams, English-only rules may come into application especially if some members of the team can only speak English. That ensures efficiency in operation for such a team. Where a supervisor needs to monitor an employees’ performance, English-only rules may apply to enable supervisors that speak only English to monitor the employees. The employee may thus be required to speak English as he performs his or her duties.
On the other hand, English-only rules may amount to discrimination under various circumstances. One such circumstance is when such rules apply to casual conversations between employees (Rutherglen, 2007). That may be during lunch breaks or when the employees are not performing job related duties. A rule barring employees from using other languages at such times would be discriminatory and a violation of Title VII (Rutherglen, 2007). It is also discriminatory if an employer applies English-only rules without giving the employees notice to the rule and the consequences of violating such a rule. A dismissal culminating from such an instance would be discriminatory (Rassas, 2010). That is regardless of whether there is justification of business necessity for the rule. Also, when such a rule targets a particular group of employees, it is discriminatory. For example where those punished for violating the rule come from the same ethnic group such as Hispanics (Bell, 2011).
Bell, M.P. (2011). Diversity in Organizations. Boston: Cengage Learning.
Rassas, L.B. (2010). Employment Law: A Guide to Hiring, Managing and Firing for Employers and Employees. New York: Aspen Publishers.
Rutherglen, G.A. (2007). Employment Discrimination Law (Concepts and Insights). Eagan, Minnesota: Foundation Press. Read More
Cite this document
  • APA
  • MLA
(“Employment Law Assignment Example | Topics and Well Written Essays - 500 words”, n.d.)
Employment Law Assignment Example | Topics and Well Written Essays - 500 words. Retrieved from
(Employment Law Assignment Example | Topics and Well Written Essays - 500 Words)
Employment Law Assignment Example | Topics and Well Written Essays - 500 Words.
“Employment Law Assignment Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document



... [Manager] EMPLOYMENT LAW 24 November EMPLOYMENT LAW Jami is clearly a victim of sexual harassment. According to lawyer Mary L. Boland, “sexual harassment is a kind of sex discrimination involving unwelcome sexual conduct or pressure in school or the workplace. Equal treatment in school and in the workplace is a civil right under federal and state laws”. In this given problem, the sexual advances made by Jami’s boss constitute sexual conduct in the work environment. The traumatic ordeal she had to go through forced her to seek medical and psychiatric treatment to overcome the sexual abuses she had experienced in the hands of her employer. In the case of Smith V. First Union National Bank (202, F. 3d 234,242, 4th Cir. 2000), sexual... ...
6 Pages(1500 words)Case Study

Employment Law

...?Swarna1 Word count 3003 Order 530816 d 11th May Employment Law Part Advise Tom as to whether or not he may be able to claim unfair dismissal from Unfit. Tom has to analyze the conditions of the contract made between him and Unifit Ltd. Before proceeding for further action. If the contract law is violated due to his dismissal from the job, the claim for unfair dismissal holds more relevant, otherwise, it would be defeated in the court of law. For analyzing this more specifically, one has to ascertain whether Tom enjoys the regular employee status in Unfit Ltd. or not? If it is proven that he is a regular or permanent employee, his right for continuing in the job would be...
12 Pages(3000 words)Essay

Employment Law

...? Employment Law Discrimination against the Unemployed The article by Rampell Catherine in the New York Times is about the difficulties Americans have to go through in attaining employment. According to her, there are many conditions that exist before a person can gain employment. She gives an example of a where most employers require that the job applicant already has to be working. This means that it is difficult for people who are currently unemployed, or those who have never worked before to gain employment. It seems that there is a lot of bias that exists among the people who are unemployed (Rampell, 2011. 1). The...
4 Pages(1000 words)Essay

Employment Law

...?EMPLOYMENT LAW WORK “It is often easy to recognise a contract of service when you see it but difficult to say wherein the difference [between it and a contract for service] lies.1 - Lord Denning The original tests of employment included the aspect of control, which further introduced the concepts of integration and economic reality.2 Further, there has been borrowing from American jurisprudence, and thus the following of what has been known as a multiple or composite test.3 Also, the judiciary seems to have laid its focus on the substance of the relationship rather than its form for its characterisation in law.4 Thus, a mutuality of obligation, together with elements of control, is usually seen as a prerequisite for a contract... of...
6 Pages(1500 words)Coursework

Employment Law

...? Topic: Lecturer: Presentation: Part A Nadia a paralegal officer at Akhtar, Luton is suspecting that she is pregnant and is worried due to her line manager’s attitude toward pregnant women. The line manager has stated clearly that pregnant women are not allowed time to go for antenatal nor are their jobs guaranteed after maternity leave. Despite these threats, Nadia should not be worried since she has employment rights and is protected under the UK employment law. The law guarantees parental rights to employees under the Employment Rights Act 1996.1 These are contained in Part VI dealing with antenatal care, Part VIII dealing with child care and also on...
5 Pages(1250 words)Coursework

Employment Law this case should adhere to the provisions of the ADA and not to conduct HIV/AIDS testing at the workplace currently or in the future. In the process of preventing job disruption, the employer should come up with a strict adherence policy that allows all co-workers to work together irrespective of their medical condition (Goren, 2010). Apart from these recommendations, the employer in this case should come up with organizational policies that are meant to deal with these issues. One of the policy implementation points is to come up with a policy that allows for hiring of all kinds of employees and implementation of the ADA act. The employer should also implement a policy that allows...
3 Pages(750 words)Essay

Employment law

...April 19, Employment Law Case Study Employers are by law allowed to terminate any form of employment by giving appropriate notice period of the intention to terminate the employment relationship between the employer and the employee. The termination of employment may be due to a ‘Just Cause’, which is committed before the time the employee is dismissed. “Just Cause” action provides that an employee is liable for punishment for performing the duties or tasks contrary to either the express or implied instructions or terms of employment. The employer is required to prove...
6 Pages(1500 words)Essay


...Employment Law Introduction: “The purpose of the legislation is to set minimum standards of conduct for employment agencies and employment businessesoperating from premises in Great Britain. These provisions are designed to protect work-seekers and employers using the services provided by an employment agency or employment business” (Employment Agencies Act. 2007). Aspects of employment status: There are basically two aspects regarding employment status, firstly, paid covenanted employees and secondly, agency sponsored workers; therefore the essence would lie in the...
8 Pages(2000 words)Essay

Employment Law

...Employment Law Paper Employment law in the US due to several diversity issues brought on in the recent years due to the multi ethnic nature of the American work environment is aimed mostly at the prevention of discriminatory racial profiling of minorities by law. The current version of the Civil Rights Act 1964 and 1991 have their roots in the Civil Rights Act 1865 which sought to prevent such discrimination and was later on supplemented by the Civil Rights Act of 1871 to include public vacancies based on constitutional rights of the ethnic minorities and races. US law emphasizes upon Equal opportunity employment and in...
4 Pages(1000 words)Essay

Employment Law

...of the contract David will have no redress save and except reasonable notice of the change.12 In general, common law and the Minimum Notice and Terms of Employment Acts 1975-1991 require that reasonable notice be given of termination and changes in the terms of employment.13 The position was explained by the employment tribunal in Curust Hardware Ltd. v Elaine Dalton [1993] ELR 10 as follows: “The remedy for default on a term of a contract lies in contract law and such remedy would have it basis in compensation rather than penalty. In the Minimum Notice and Terms of Employment Act 1973-1991 there is no provision for a penalty to be...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic Employment Law for FREE!

Contact Us