The most qualified should be hired to fill the position. | * Disability discrimination follows the same legal principles as gender discrimination. The company violated company policy, Title VII, and the guidelines of the EEOC. Disability discrimination includes a variety of physical and mental impairments that prevent employers from hiring someone. * The Americans with Disabilities Act of 1990 protects people with disabilities from wrongful employers.
Even though Mr. Whitter resigned prior to the policy change taking effect, the potential for liability remains for back wages and possible punitive damages. According to Finnegan, (Finnegan, 1986), courts have developed two tests to determine when an employee has been constructively discharged by a discriminating employer. Using the majority view, an employee who resigns after being subjected to discrimination of a protected class is determined to have been constructively discharged if a “reasonable” person would have found the conditions intolerable. This is defined as the Reasonable Person Test. Conversely, under the minority view, the burden of proof lies more with the plaintiff showing not only intolerable conditions but that the employer created these conditions causing the resignation.
The legal statue that applies to this case is Title VII of the Civil Rights Act of 1964 and Equal Pay Act (Heneman, 2012). What issues must the court decide in this case? The court must decide in this case if there was any discrimination involved with Sex Discrimination through the Equal Pay Act. If you were the judge, how would you rule? If I were the judge, I would have Mrs. Hill present evident of the discrimination and I would view the company’s polices on evaluations and job performance on Lauren Hill.
(Agency law is important as well but I’ll save that discussion for your text.) At its most elemental level, contract law is about offer and acceptance. Someone offers up the terms of an employment contract and the prospective employee accepts. If the agreement collapses, we turn to concepts like breach. The first victim of breach is entitled to “compensatory damages,” which are designed to make the person whole again – i.e., restore them to where they were before the breach.
Regarding the case of Mr. Bilbo Baggins litigation against Orc Industries Corporation for wrongful dismissal, there are quite a number of relevant legal principles and concepts that apply to the plaintiff’s case. Firstly, when Mr. Baggins was terminated by Orc Industries Corp. they failed to provide him with reasonable notice, which would imply that the company intended to terminate Mr. Baggins on the grounds of just cause. Just cause is a term that is applied when a company intends to terminate an employee for “Employee conduct that amounts to a fundamental breach of employment contract”. More specifically, just cause exists when an employee is guilty of one or more of the following; a serious misconduct (or several minor misconducts over a period of time), habitual neglect of duty, incompetence, willful disobedience, or incompatible conduct. (DuPlessis, O'Byrne, Enman & Gunz, 2011) Orc Industries Corp. however, did not cite any other reasons for terminating Mr. Baggins apart from “dishonesty, and coming to work drunk”.
Scenario 1: Cost Club Memo Lynetta Stonewall HRM546 December 22, 2014 Denise Brown Scenario 1: Cost Club Memo MEMORANDUM TO: Pat Brown FROM: Lynetta Stonewall DATE: December 22, 2014 SUBJECT: HR Concerns – Dealing with the Problems This memo is to address the five email messages concerning various human resources related problems included in the emails. Each question will be answered and will include references to the legal principles or statutes as it related to the question. Message 1: Discharges at the Anderson Cost Club store In response to the general manager (GM) firing two employees without providing a reason and the possibility of a wrongful discharge lawsuit, the state of Georgia is an at-will state. Under
Should they oppose unionization? What arguments or defenses might the hospital raise to the union’s organizing issues? If the company elects to resist unionization, what steps must the company follow? What unfair labor practices need to be avoided by management? Happy Trails’ management team may engage in any number of activities during the unionization.
Include a discussion on other relevant aspects addressing discrimination complaints and disputes in the workplace. Format your paper consistent with APA guidelines. Discussion Questions: Can your company legally change your job responsibilities, reduce your salary, or assign you to a different department? Explain why or why not. What are the potential legal considerations for the employer in the event of such
To: Chief Executive Officer From: Bruno Mars, Elementary Division Manager As you are aware we have had a claim filed against our company under Title VII of the Civil Rights Act of 1964. Our former employee is stating that our new work schedules of four days on and four days off is discriminatory because it requires employees to work on religious holy days and therefore is constructive discharge. I want to first discuss what constructive discharge actually is and why it is relevant to this situation. Constructive discharge occurs when an employer’s actions make the workplace so unacceptable that any reasonable employee would have found it necessary to quit if they were facing the same scenario. The Civil Rights Act of 1964
These may include the frequency of the discriminatory conduct, its harshness, whether it is physically threatening or humiliating, a mere offensive utterance, or whether it unreasonably interferes with an employee’s work performance. The Supreme Court clarified the latitude of actionable sexual harassment in 1998 in two landmark cases – Burlington Industries, Inc. v. Ellerth and Faragher v. city of Boca Raton. In Ellerth and Faragher, the Court established a new standard for establishing an employer’s vicarious liability for sexual harassment by a supervisor (Druhan, 2013). The inquiry begins with an examination of whether the complainant has suffered a “tangible employment action” in connection with gender-based, unwelcome conduct (Druhan, 2013). Sexual Harassment Policies The laws against sexual harassment are intended to protect employees from harassment by their superiors, colleagues, and patrons or clienteles, which an operative has to interact with in the workplace.