Application of the Aviation Law - Essay Example

? Aviation Law Q Airport operators have several roles and responsibilities to ensure that there are no potential liabilities that may be caused by noise emanating from aircrafts that therefore requires that they adopt reduction and mitigation of noise. The federal law in the United States recognizes the fact that loud or objectionable noises such as aviation noise are a nuisance that has led to a lot of litigation cases (Weinberg, 1985). In 1968, the United States Congress amended the Federal Aviation Act that added a clause that abated noise pollution from aircrafts and further, the Noise Control Act of 1972 that provided for a joint FAA and Environmental Protection Agency addressed the same. However, local and state authorities have also enacted legislation that is aimed at reducing and abating the effects caused by noise pollution. In the case of Air Transport Association of America v Crotti, the courts in Northern California held that the proprietors or operators of airports might regulate the noise on the ground but not aircrafts that are on flight (304). This was in stark contrast to the finding in the Burbank case whereby it was emphasized that the power to control noise in airports does not preempt the federal government or the local as well as state authorities to adopt policies that will greatly reduce noise from aircrafts. Later the Federal Aviation Authorities (FAA) expressly rejected the exclusive control of noise abatement in instances of aircrafts but imposed upon the operators of airports the responsibility of reducing the effects of noise caused by aircrafts (310). When it comes to liability, the Federal Aviation Act explicitly provides that it neither abridges nor changes the position held by common law and the remedies that can be provided by the statutes. In Greater Westchester the court’s examination of the Act found that nothing could make it think that the FAA possessed powers to adjudicate on disputes between operators of airports and those that are found in the surrounding areas. The intimation here is that those that are aggrieved by the noise from aircrafts in their neighborhood should direct their complaints to the operators of the airports for any remedies that accrue to them. Q.2 The United States Constitution Fourth Amendment protects the rights of individuals from unreasonable searches at airport checkpoints that may be reasonable or unreasonable which are lawful and unlawful respectively (Carson and Ramen, 2012). When it comes to searches at airports, the courts in interpreting the Fourth Amendment stress the application of the standard of reasonable suspicion of a criminal activity. In order that the search qualify to be a seizure it is important that the authorities determine whether it was reasonable or unreasonable determined from the articulable facts and reasonable inferences that were available to the officer at the time of the arrest. However, the law expressly provides that a search against a person is unreasonable if it falls within the recognized exceptions, which may include searches and seizures applicable in valid incidents as was held in United States v Chadwick. For cases of reasonable suspicion of criminal activity in the application of the Fourth Amendment, the courts recognize the need for the privacy of a person from intrusion from the government that may be deemed unreasonable. The court recognizes the Fourth Amendment that takes care of citizens against police activity such as search and frisks that was ably discussed in the case of Terry v Ohio which elaborated on the level of intrusion. While the courts have continuously applied their own doctrines to justify searches at airports, it is important to note that the current searches done at airports are mainly informed by the need to ensure that national security is upheld. Therefore, it can only be said that the justification for searches at airports in line with the Fourth Amendment only fall within the arm bits of the Administrative Search Exceptions that must balance the privacy of the citizen and made pursuant to the specific need. Q.3 Each individual has the right to be protected from protection from unreasonable discrimination in employment (Gross and Compa, 2009). The law prohibits employers from discriminating or punishing employees through adverse actions that may affect the employee such as unnecessary demotion, termination of employment and reduction of wages even if the employment is at will. Compliance with these provisions of the law that prevent discrimination against employees depend highly on the individuals involved and that they are required to file charges for discrimination in courts of law or the relevant authorities. Retaliation by an employer against an employee is expressly prohibited under Title VII of the Civil Rights Act of 1964, SEC. 704 that makes it unlawful for the employer to discriminate against an employee (New York University Conference on Labor and Secunda 2009). The protection covers retaliation against an employee for opposing any proposal by the employer, testified or participated in a manner that may make the employer want to retaliate against him. Similarly, the Age Discrimination in Employment Act of 1967 the Americans with Disabilities Act of 1990, the Equal Pay Act of 1963 prohibit any acts of discrimination in employment for those employees that have asserted their rights in employment practice. Anti-retaliatory protections are usually initiated against the employers but at times may include actions against fellow workers and must be filed at relevant agencies such as the U.S. Equal Employment Opportunity Commission and the US Department of Labor Office of Federal Contract Compliance. It is unlawful to discriminate against an individual at the time of recruitment, hiring, promotion or discipline amongst other parameters in the employment process and therefore the provisions of Title VII prohibit intentional discrimination and the adoption of policies that can disproportionately affect a person due to his race. This means that employers must adopt the best practices that are aimed at reducing the possibility of discrimination in the work place and must be aimed at addressing the impediments to equal employment opportunity for all. Discrimination in terms of race may include ethical slurs or racial jokes, derogatory or offensive remarks against an individual or employee. Title I of the American with Disabilities Act (ADA) of 1990 protects discrimination against individuals who are qualified and compels employers to make reasonable accommodation for the employees or applicants with disabilities. This law also protects individuals with some form of impairment from discrimination determined whether the person is limited in the performance of an important life activity because they use a mitigating measure. Q.4 Sexual harassment is a form of sex discrimination that goes against the provisions of Title VII of the Civil Rights Act of 1964 and includes sexual advances and other abuses that may be characterized in form of physical, verbal and conduct that are sexual in nature that do interfere with the work of the individual (Lindgren and Taub, 2010). Sexual harassment occurs in several circumstances that may include all employees of both sexes that may cause economic or physical injury to the victim and must seem to be unwelcome. The individual r the harasser must be informed of the unwelcome advances or actions through the employment complaint mechanism in order that the relevant authorities take the correct action in remedying the situation. In summary, sexual harassment occurs when an employment decision is made that affects the individual when he or she is subjected to conduct that is not welcome or that the unwelcome conduct grossly interferes with the performance of the individual by creating an intimidating, abusive or hostile environment. In case an employee is found to have subjected a fellow employee to an act that can be described as unwelcome that is of a sexual nature, the relevant law enforcement agencies must ensure that a proper discipline and management action is taken (Miller, Hollowell and Miller, 2007). Discipline can be carried out through different manners such as reprimand letters, suspensions with or without pay or at times a written admonishment. There are procedural requirements for pursuing claims on sexual harassment known as due process laws that if there is a grievance, the complaint must be submitted to a faculty committee that invites the parties concerned for a dispute resolution. The hearing of the complaint is mainly to find out the merits and the demerits of the case after which a solution can be found (American Association of University Professors, n.d). In filing a complaint for sexual harassment at the work place, the complainant must present a letter of investigation (LOI) which contains among other things the complaint itself, an investigation with the information gathered, the witnesses and any efforts aimed at mediation. Sexual harassment at the work place has been a big problem in the United States and no worker should benefit from immunity from prosecutions. However, there are instances when the courts of law have given immunity to some persons accused of sexual harassment such as a sitting president and members of the diplomatic community. Once a case has been filed for sexual harassment, the relevant authorities may impose different penalties or sanctions that may include the imposition of civil fines by courts of law. Under the Statement of Demonstrated Ability in sexual harassment cases, it must be shown that the employer had the ability to remedy the situation but failed to do so leading to the case before the tribunal. References American Association of University Professors. (n.d). Due Process in Sexual Harassment Complaints. Retrieved from http://www.aaup.org/report/due-process-sexual-harassment-complaints Carson, B., & Ramen, C. (2012). Understanding your right to freedom from searches. New York: Rosen Pub. Gross, J. A., & Compa, L. A. (2009). Human rights in labor and employment relations: International and domestic perspectives. Champaign, IL: Labor and Employment Relations Association, University of Illinois at Urbana-Champaign. Lindgren, J. R., & Taub, N. (1988). The law of sex discrimination. St. Paul: West Pub. Co. Miller, R. L. R., Hollowell, W. E., & Miller, R. L. R. (2007). Study guide to accompany The legal environment today : business in its ethical, regulatory, e-commerce, and global setting, Seventh edition, [by] Roger LeRoy Miller, Frank B. Cross. Mason, OH: South-Western Cengage Learning. New York University Conference on Labor, & Secunda, P. M. (2009). Retaliation and whistleblowers: Proceedings of the New York University 60th Annual Conference on Labor. Alphen aan den Rijn?: Kluwer Law International. Weinberg, P. (1985). Environmental law: Cases and materials. Port Washington, N.Y: Associated Faculty Press. Read More