Discrimination can happen in the workplace as well. The company as a whole can have a discriminatory attitude toward a particular group of people based on different factors. For instance, women may be passed over for promotions because of their sex or those with disabilities may not be hired because of the stereotypes associated with them. Discrimination can stem from one living outside of another’s community and not fully understanding the lifestyle that they live. It can also stem from someone of the same background who chooses to deny their own background.
A defendant is liable for negligence when the defendant breaches the duty that the defendant owes to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. Unlike the question of whether a duty exists, the issue of whether a defendant breached a duty of care is decided by a jury as a question of fact. Under the traditional rules in negligence cases, a plaintiff must prove that the defendant's actions actually caused the plaintiff's injury. This is often referred to as "but-for" causation.
Chestnut contended that Mr. Reeves was terminated for inaccurate record keeping. Actions taken against Mr. Reeves were not in compliance with the federal employment laws: prima facie case of discrimination, sufficient evidence for the trier of fact to disbelieve the respondent’s nondiscriminatory explanation and the respondent’s explanation for his decision was pre-textual. Mr. Reeves was able to prove that the stated reasons was not the real reason for his discharge and age discrimination was the real reason for termination. REEVES v. SANDERSON A prima-facie case is a lawsuit that alleges facts adequate to prove the underlying conduct supporting the cause of action and thereby prevail. Sanderson stated that their reason for terminating Mr. Reeves was due to inaccurate record keeping.
According to Webster’s Dictionary (2011) disparity is defined as the lack of similarity or equality and the state of being different or dissimilar. There are many factors having disparity towards others within the criminal justice system that can include a person’s criminal history such as a drug dealer or sex offender and even a person’s social class. In criminal justice disparity means that there is a difference, but that that difference does not automatically mean discrimination (Walker, 2010). Disparity can affect any individual due to their sex, ethnic group, religion, and even their position in the workplace. A person could state that disparity is used because they differ from other individuals.
Prejudice is a feeling of dislike towards a person or a group of people based on race, ethnicity, gender, religion, and anything else that might set a person or group of people out as being different. Discrimination is the denial of opportunities and equal rights to people and groups of people because of prejudice. Stereotypes are a generalization of a group of people, usually an inaccurate generalization. (Schaefer, 2013) Prejudice and stereotyping are not actions. Discrimination is different because it is an action against a person or a group of people.
Edward Igl Nike Case Study 1. MNCs can face a variety of ethical issues when foreign labor is employed if the perception is that the MNC is using their power to unfairly take advantage of workers. Major issues that stem from this are the use of child labor, unfair wage compensation, and unhealthy working conditions. Although these offenses are truly lacking in ethical behavior, they are often looked upon from one’s own value set. There should be consideration for the worker’s culture too.
Then discrimination is when the action that treats someone inferior because of their race, sex, national origin or age. Inequality is one of the key challenges of our time. Income inequality specifically is one of the most visible aspects of a broader and more complex issue, one that entails inequality of opportunity and extends to gender, ethnicity, disability, and age, among others. (Mohammed,) Disparity are two factors, which are legal and extralegal, they may not necessarily mean discrimination. The legal factor provides base explanation for the decisions on the individual’s criminal record and behavior.
Legal Risk and Opportunity in Employment LAW 531—Business Law June **, 2009 Legal Risk and Opportunity in Employment Legal Encounter 1: The information provide for this legal issue (Newcorp termination of Pat Grey) is an implied contract problem. Implied contracts in most courts are upheld because of the presence of promises, produces, and policies in an employee personnel manual. The Notice of Unsatisfactory Performance/Corrective Action Plan is the most important document for both Pat Grey and Newcorp in this case. The supporting legal case is Dillon v. Champion Jogbra, Inc. To determine which party is right will be base on the supporting evidences. If Newcorp can produce the Corrective Action Plan, the company will have the supported evidence to terminate Ms. Grey base on unsatisfactory performance.
Explain using examples the meaning of the term duty of care Duty of care is a legal obligation imposed on individuals which requires them to adhere to a standard of reasonable care while performing acts that could foreseeably harm others. In a negligence claim, duty of care is the first element that must be proved. It depends entirely on the court to determine if a duty of care is owed exist or should. People, generally, are mostly negligent in their daily lives; however, there are some certain steps required of a right thinking person to must have taken to avert a potential harm to anyone, which a duty of care is legally owed to. It’s entirely up to the court of law to determine if a duty of care exists in some certain negligence cases.
It may also relate to some stereotypes employers may associate with certain religions. This type of discrimination and bias is illegal and is covered by in the Anti Discrimination Act 1977 and Australian Human Rights Commission Act 1986. Age Age discrimination can take place in the workplace due to the stereotyping of people from a certain age group. An employer may hold a set of beliefs and attitudes against a certain cohort, causing them to be favored or disfavored. Practical factors such as pay and working hours can also attribute to age discrimination.