But a federal law enforcement agency called EEOC (Equal Employment Opportunity Commission) has the power to file discrimination suits against employers on behalf of alleged victims and to arbitrate claims of discrimination faced. This questions what importance and significance the employment contract holds where it’s clearly stated that all disputes are to be handled by binding arbitration. This could mean that the employer can face arbitration with the employee and litigation with EEOC that violates the original contract. Also, EEOC has the authority to decide which claim is appropriate and which claim serves public interest and I don’t agree with that 100%. In this official legal analysis paper, I would like to evaluate EEOC vs. Waffle house, which is the back bone of my paper along with my analysis and vision and EEOC’s outlook on importance of contracts with the help of their trial attorney.
Also discrimination claims can be based off of: 1) Disparate Impact or 2) Disparate Treatment. Disparate Treatment is a worker being the subject of discrimination due to race, skin color, ethnicity, or similar features (Bennett-Alexander, 2007). Disparate Impact is the company not intending to discriminate, although the company’s rules affect the workers on basis of race, skin color, ethnicity, or similar features (Bennett-Alexander, 2007). Horatio prior to filing his claim of racial discrimination must file a formal complaint. This complaint is filed with the EEOC.
The first thing that should be done to insure that employers and the HR department generate a handbook that outlines in clear and concise language the policies regarding the FLSA wage and overtime to include the steps to file a complaint. 2) One mistake made by employers that gets them in problems with FLSA regulations is when employers misclassify their employees. In order to prevent this from happening employers should revise their employee’s job descriptions, by insuring that classifications are clearly defined. This should include what are end employees primary responsibilities and any additional responsibilities assigned to
These may be misunderstandings to do with ineffective communication or it may have to do with differences in cross-cultural communication. If you sense a conflict brewing, do not allow it to fester, resolve it early. Be direct and courteous. Develop a plan of action to address the problem with your co-worker and then work together toward resolving it. Healthcare settings need to develop a clear written workplace policy stating that harassment and discrimination are not tolerated and establish a process for hearing complaints while maintaining confidentially by appointing an appropriate ‘Contact Officer’ to deal with complaints.
NEWCORP LEGAL SCENARIOS BUSINESS LAW Legal Encounter 1 In the given situation NewCorp is liable for having to follow the guidelines of what the handbook states on the given situation with Pat. Pat has the right to sue NewCorp given the fact that when he was hired on he signed the handbook which in it, it has a section that is Notice of Unsatisfactory Performance/Corrective Action Plan. In this section of the handbook it states that if any employee has a deficiency in their job they are to be put on a Corrective Action Plan and if the performance does not improve they can be terminated. Therefore in a court NewCorp can be found in breach of contract, since the employee handbook is a signed contract. As well as the fact that Pat feel that because of him voicing an opinion on the school board, which has nothing to do with NewCorp, this may
Even though it is the patient's right to be able to participate in regimens for anti-aging therapy, the nurse has the obligation to warn the patient concerning side effects of such treatments. During the 30 day program, Scott experienced the negative effects of the injections. Not only was if affecting him physically but also personally. The patient is a whole person and must be able to function in various roles in society. Exposure to unregulated drugs and therapies could wreak havoc on the form and function of an individual's abilities to accomplish these
Unit 6 Project: Domestic Violence Education in the Pakistani immigrant community. Kaplan University CM220 Professor Thompson July 15, 2013 Domestic Violence Education in the Pakistani immigrant community. In the Pakistani immigrant community domestic violence is a widespread problem that has been influenced by culturally norms as well as religious beliefs. Domestic violence education is essential to empowering the victims to bring an end of their abuse, as well as help the abusers to understand what is socially acceptable in one country is considered to be a crime in another. According to Sukhdeo, there is no cohesive definition of domestic violence that is appropriate for all cultures (2010).
Policies are arising in several directions to prevent the intentional, or unintentional, slip of information. Each facility should adapt their own personal rules and regulations regarding the issue of social media and patient privacy. In a law suit regarding a potential violation of the HIPAA, The General Hospital Corporation and Massachusetts General Physicians Organization Inc. agreed to a substantial fine to the U.S. government (U.S. Department of Health and Human Services, 2011). This type of fine sets the example that a violation of patient’s privacy and rights is strictly prohibited. Within social media, a disgruntled employee may also use the sites to damage confidential information regarding a patient.
Being sexually harassed can make a lot of people feel powerless, but there laws in place protecting our right to a safe, non-hostile workplace. In the case of the hostile workplace, one might not be directly harassed, but if the language and attitudes of one's coworkers makes one feel marginalized, threatened, or objectified, it is important that one say something, if not directly to the offending party, then to a supervisor. In more direct cases, it is important that one report to their immediate supervisor about the incident. Many companies have specific procedures for such incidents, and those procedures are best followed to the letter. Document all complaints.
Doctors who lack proper training or those who have impairment problems tend to believe that their patients are honest about issues concerning prescriptions. These may include certain issues such as losing prescriptions, or early refills. This, however, only happens when the doctor fails to identify a drug abuse problem in the patient. Another ethical dilemma in the same field occurs when doctors do not disclose full patient history in the medical file of the patient. This may cause other doctors to prescribe the wrong drug thus putting the life of the patient at risk, either due to possible