Broom and Miller’s appeal was not able establish how these laws obligates to their discharge case. Broom and Miller’s intention was right but they failed to use “the proper chain of command in raising an issue about another employee”. They are nonunion employees, which means they have no support from any union. Answer 2: If Broom and Miller had been members of the a bargaining unit represented by union for the purpose of collective bargaining, this case would have been handled differently. Broom and Miller lacked the evidence in the three salutary laws, which they presented.
Assignment 1: Employment –At – Will Doctrine 1 According to the Employment – At – Will Doctrine rule, it is legal for a company to dismiss an employee without a cause; which means a hiring manager can legally let an employee go for just cause reasons. However, there are some exceptions to the rule, a company cannot dismiss employment based on race, gender, color, or religion, employees cannot be fired for reporting violations of workplace safety nor can an employer fire an employee for exercising the right to file a workman’s compensation or a sexual harassment claim. Bases on the given scenario, I think the company should exercise their legal rights and dismiss the employment of Jennifer, the employee. After the company has given this employee an extensive amount of training, to prepare her for the employment duties, for which she was hired; Jennifer is still unable to perform her job duties. Even though, there is an Employment – At – Will law in place, this company does not have to utilize it for this scenario, since the employee cannot perform the duties to which she was hired to do, especially after the company has taken time and money to train her and to equip her which knowledge and skills to perform the required job duties.
This is where Title VII of the Civil Rights Act of 1964 starts. Under this situation, Title VII is relevant it is unlawful for any employer to discriminate against an employee for religious reasons or to segregate an employee in any way to deprive them any employment opportunities or limit any employment opportunities. (Findlaw 2012). By not accommodating this employee, we have segregated him from business opportunities within the company. Secondly, it is unlawful to adversely affect the status of any employee based on religion.
Based on company policy, neither management nor regional management has the authorization to amend these policies. Therefore, I have decided that if Mary is not willing to help, we will not swap Tom and Mary. We will stand firm and only Tom will be available to help the customer. However, Imelda is more than welcome to return on a day when Mary is on the floor. There are legal and ethical issues that arise in this situation.
What Title VII more specifically states is that discrimination based on religion or taking action against an employee who does not comply with a job requirement that conflicts with the his/her religious beliefs is also prohibited. A charge of constructive discharge is made when an employee is terminated, or feels he/she has no other option but to quit because it has become unbearable to continue working at their jobs based on some form of discrimination or harassment. Typically people that quit their jobs do not receive unemployment benefits, they can however make a claim of constructive discharge in an attempt to receive financial compensation. As you know Tinker toys has acquired the patent for super widget the toy that is revolutionizing the toy industry and started production here in October. With the increase in demand to not only the Chicago area but worldwide we have made the decision to adjust our production schedule to require all employees in the warehouse to work rotating 12 hour shifts for four days straight and then four days off.
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. The federal law prohibits sexual harassment in the workplace via Title VII of the 1964 Civil Rights Act. Title VII applies to most private and public employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees. Employers are vicariously responsible for their supervisors’ palpable employment actions undertaken in return for sex with a subordinate or for a subordinate’s refusal to engage in sex. However, in the absence of a palpable employment action, a favorable defense is accessible to the employer.
Marshall 445 U.S. 1 (1980) the court found that “circumstances may sometimes exist in which the employee justifiably believes that the express statutory arrangement does not sufficiently protect him from death or serious injury” (Jennings, M, 2006, pg. 748). The safety concern expressed by Paul may fall into the circumstances described by the court above. Additionally, since Paul has already contacted OSHA any negative action regarding his employment may be viewed as a violation of Paul’s rights. “If an inspection is the result of an employee complaint, the employer cannot take any retaliatory action against that employee (Jennings, M, 2006, pg.
Wisconsin landlords are not allowed by law to rent or advertise property that is condemned. The landlord has to disclose any defects in the property and any uncorrected housing code violations to a prospective tenant. Any defects that may be a substantial hazard to health or safety must be disclosed. Some defects that would need to be disclosed are structural defects, a lack of hot and cold running water, plumbing, or electrical problems. A landlord must notify to a tenant if the heating unit is not able to maintain a temperature of 67 degrees Fahrenheit.
According to The United States Equal Employment Opportunity Commission (2004), “under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including: harassment on the basis of race, color, religion, sex, national origin, disability, or age.” If his argument does in fact fall into one of these categories, he will then be able to file a formal complaint; he will do so by filling out an Appendix F EEO-MD-110 form. This form is simply to notify the claimant that his complaint is justified, and that he now has the right file a discrimination
“Title VII prohibits the employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class” (HR Guide to the Internet, n.d.). Disparate treatment discrimination makes sure no direct discrimination occurs to people apart of a protected class. “Disparate Treatment Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class” (HR Guide to the Internet). Companies are normally very sensitive not to discriminate against employees knowingly or unknowingly. Recently in New Haven Connecticut 77 fire fighters of various ethnic backgrounds: Caucasians, African Americans and Hispanics took a promotion test to become eligible for the position of captain.