1. Define BFOQ and list to which characteristics it applies. Bona Fide Occupational Qualifications (BFOQ) are the factors, with regards to religion, national origin, gender, and age, which are typically used in defenses “to a suit for discrimination.” (Moran p. 250) The BFOQ are legitimate reasons as to why a company could discriminate against those certain factors in order to fulfill the needs of the company and are exempt from the Civil Rights Act. These factors are defined in Title VII, with the Age factor being included in the Age Discrimination in Employment Act. These factors are what must be considered when filing suit of or defending against discriminatory allegations.
John has the option of requesting compensatory and punitive damages caused by discrimination form his employer. If he does not receive the type of justice he seeks with the court’s decision, he can file appeals. If he exhausts all of his appeals, his case may lead to the Supreme Court. His case can only make it this far by following all steps set forth by the EEOC. Conclusion The EEOC provides employees with an opportunity to have an independent investigator review possible discriminatory employment practices within a private organization.
The legal issue to be decided The issue is about the sexual harassment of an employee by his supervisor. The US employment law under Title VII is associated with the case as it allows employers to avoid harassment liability that does not involve adverse employment action such as termination (James and Bridget). 3. The holding in the case The US Supreme Court decided that CBS must use affirmative defense in this case. The court affirmed the dismissal of plaintiff and acceptance claims under Title VII.
BUS/415 Final Exam v.9 1) The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the parties is called D. arbitration 2) The Federal Trade Commission is an example of A. a federal agency created by the federal government 3) A corporation is considered a citizen of what state? C. The state where it filed its Articles of Incorporation 4) The Federal False Claims Act is also known as B. the Whistleblower Statute 5) Utilitarianism is a moral theory, which states A. ethics requires a decision-maker to take actions which result in the greatest good to society 6) Which of the following statements is true? D. A course of action can be legal but not ethical. 7) If a defendant files a motion for summary judgment in a civil case, what is the defendant saying? D. That even if what the plaintiff says is true, there is no basis for judgment against the defendant 8) A defendant fails to answer a civil lawsuit, what is likely to happen?
After the defendant receives the Summons, he or she will send an answer. The response will deal with each paragraph in the complaint. A counterclaim can be filed by the defendant if he or she has their own claim against the plaintiff. If there is a counterclaim filed the plaintiff may react by organizing a “Reply.” The Reply will “admit,” “deny,” or emphasize that the plaintiff deficient amount of information, just as the original answer did The second stage in the civil suit is Fact-Finding and Discovery. Federal court system requires disclosure of all pertinent information and documents to the other side prior.
Because of all these problems along with unconstitutional barriers through this statute, there is a significant chance that Tanya will win this case. Detailed stages of a civil suit These are following stages in the civil law process: • the plaintiff files the complaint • the defendant has the service • the defendant files the answer • discovery where both the parties find the evidences present on each side • acquiring a pretrial conference with judge • pretrial motions • trial • verdict •
The first problem is Sam getting involved with an employee. The relationship can cause favoritism at times and lack of proper managing. The relationship is a set up for some type of discrimination and harassment. Sexual harassment is a major issue in the workplace. Title VII is the basis for discrimination law and judicial decisions….its basic purpose is to prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin (Jennings, 2006).
Question # 1- Describe the scenario that you have selected and its corresponding employment laws. When an organization decides to implement disciplinary action training for supervisors of diverse employees, there are various employment laws they need to review. Diversity includes differences as well as similarities based on factors, such as racial, ethnic, age, sexual orientation, gender, political, economic, religious, national origin, class, and income. Organization need to be knowledgeable of employment laws to prevent or lower the risk of potential lawsuits (Cuizon, 2009). The Civil Rights Act of 1866 is considered to be the first civil rights legislation.
(p. 565). C. Recommend how the company should respond to the employee’s charge of constructive discharge. (1) As previously stated, in order to prove a case for constructive discharge, it is also necessary to prove that violation of Title VII of the Civil
Your marks will be heavily penalised if you use information on the company from alternative sources as it is your assessment of the case information provide which is being assessed. Questions 1. Using the key barriers to entry into an industry from Porter’s five forces model, discuss why it is so difficult for new firms to enter the sportswear industry. Support your arguments with evidence from the case study. (20%) 2.