City of Boca Raton and Burlington Industries v. Ellerth in 1998 and set down the employer’s liability for the conduct of supervisors. Based on these cases, the court came to a ruling explaining, that an employer…
Download file to see previous pages...
This is simply because any act of a supervisor can be construed to be the act of an employer, especially when an employee is impacted on a job benefit. In cases where the employee is not impacted in tangible terms, here the employers can limit the liability under the following defense: a) The employer has been noted to exercise reasonable care for the prevention of any form of harassment, and b) The employee has not taken complete advantage of any preventive measures that have been provided by the employers.
The EEOC General Counsel explains that the cases that involve the English only rule or any restrictive language policies and any language discrimination are given first importance for the commission. As per the EEOC, employers cannot and must not target the workers based on discrimination based on fears, stereotypes or even fear of the language or country of origin. Based on the Title VII, Sears has clearly violated the law, as it clearly explains, no employment discrimination based on any factor like race, age, color, sex, national origin or even religion is allowed. In this case Mary has been fired from the company for speaking in Spanish on the sales floor with a co-worker. This is clearly a violation of the law and clearly shows discrimination against the employees. The fact that the employees are allowed to talk in Spanish with the customers however not with the coworkers, is a clear discrimination. Mary could have been given a warning however, not fired as it is not ethical and completely violates the Title VII and the EEOC rules.
The Bona Fide Occupational Qualifications allows the employers to make discrimination and permits them to employers of American Airlines to discriminate and to make the pilots and flight attendants to work on religious holidays as well. This however is not fair and it is important to understand, when companies prefer to have a diversified work force, it is
...Download file to see next pagesRead More
Name: Instructor: Course: Date: Employment Law Employment law seeks to act as a guideline for sound practices by employers and employees in the work environment to safeguard them from exploitation and unethical practices. ABC Manufacturing company posses a decentralized human resource (HR) model where each department operates on its own set of HR practices with the head HR manager’s role being as a general overseer.
Direct form of discrimination implies treating an individual less kindly compared to another person who is short of the required characteristic, is often illegal and irrational with the age exception. It is legal to discriminate against individual based on their age, nonetheless, only when there is an authentic business rationality allowed by the court.
The Trades Union Congress (TUC) estimates that the employment status of as much as one third of the UK workforce is not clearly defined (Report of UK Conference 2000). On this foundation alone, it should become clear that maintaining the current definitions within employment legislation is not a tolerable option.
Organized labor in the United States has fallen rather dramatically over the course of the past 25 years, especially in the United States because of outsourcing and the like. Even so, it remains to this very day quite a substantial financial and diplomatic foundation in the country.
Such disputes show a greater tendency to crop up between employers and their employees, rather than within the employee community to a large extent.
This paper on Employment Law attempts to analyse the aspect of Disputes and the success of the Employment Law in resolving Individual Disputes, more than Collective Disputes, in organisations.
eating any difficult situations for the employees due to the religious beliefs or lack of any religious belief, c) Not complying with any reasonable request from the employee due to the religion that they follow or lack of religion that they follow, if the accommodating the
The paper focuses on the discussion and analysis of the problems faced by a female employee. She was stated to witness certain unwanted attention from the male employees who were included in the group of employment selection at the time of her interview. These consequences proved ruining for her as she had to suffer emotional distress.
Ideally, the term of employment-at-will refers to the concept of employees having the leeway to quit their jobs at any time without any reason, and employers having the leeway to terminate employees at any time without any reason (Tompkins 280). The employment
1 Pages(250 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Employment law paper for FREE!