The Court also asked the parties to argue whether the class meets the traditional requirements of numerosity, commonality, typicality, and adequacy of representation. The Supreme Court ruled unanimously that the class should not be certified in its current form, although they disagreed 5-4 on the reason and on allowing it to continue in a different form. Background In 2000 Betty Dukes, a 54-year-old Wal-Mart worker in California, claimed sex discrimination. Despite six years of work and positive performance reviews, she was denied the training she needed to advance to a higher salaried position. Wal-Mart argued Dukes clashed with a female Wal-Mart supervisor and was disciplined for admittedly returning late from lunch breaks.
Precepting involves a commitment on both the preceptor and the new nurse. The precepting period ends at the completion of orientation period, although the preceptor is usually the support nurse who the new nurse turns to with questions after orientation period ("Precepting," 2010). A2. Guidelines Using a competency-based approach is important in assessing a new nurse’s readiness to work solo on the nursing unit. Even though the new nurse has the potential ability to function, it is NNT2 TASK 5 3 important for the preceptor to evaluate the competency of their skills.
Considering these deviating opinions, I would have to alter the way I approach employees. I would select the leaders at the workplace to eventually become the Organizing Committee of the union. I would recruitment the employees during after-work drinks, before-work at breakfast, and at the later stages, and on-the-job solidarity actions. This process will be in secret until the employees are onboard and sign their union cards. I will ensure that the workers are fully informed of what is happening in the legal sphere of things and that the Organizing Committee is able to make decisions about which legal tactics are employed.
The changing in the society role of Hmong mothers and daughters led to conflict and misunderstanding between mothers and daughters. The intensity and frequency of these conflicts are dependent upon the differing rates of adaptation and acculturation to U.S. cultural values and lifestyle. This research seeks to identify and discuss significant factors which contribute to conflicts which arise between Hmong mothers and their teenage daughters living in Merced, California as acculturation takes place in the United States. Questions were developed to gather information about the informants' backgrounds, families, mother-daughter relationship, the identification of potential problems, levels of education, and comparison of life style between the United States and Laos. These may provide insights and possible answers to identify conflicts between mothers and daughters as Hmong women integrate into American society.
WIRETIME, Inc. has interfered with an existing contractual relationship that Janet has with BUGusa, Inc. when they offered Janet a job with their company. This means that WIRETIME, Inc. can go after BUGusa, Inc. for damages because of losing Janet with their company. Since BUGusa, Inc. has specific knowledge of the contract that was broken, WIRETIME, Inc. actively interfered with the contract that was broken, and WIRETIME, Inc. caused losses to BUGusa, Inc. there definitely has been a tort committed. Scenario: WIRETIME, Inc. (Steve and Walter) Discuss any liability BUGusa, Inc., may have for Walter’s actions. The liabilities BUGusa, Inc. may have with Walter’s actions are intentional tort of employee and negligence of employee.
The Oral Contract Randall Lewis Breeden Jr. BUS 311: Business Law I Instructor Tess Reutzel September 03, 2012 The Oral Contract I would like to present my knowledge, from this class, of how contracts are legally enforceable between two parties. I will show that legal enforcement elements are within an oral contract as well. I would like to show how contract laws are used to help the injury party collect on damages. I will also discuss the impact contract law has on the case at hand.
If it was indeed suffering then we must determine why it was suffering. In order to determine the facts of this case I would recommend that both Paula and Sam are suspended, with pay, in order to conduct an investigation. If it is determined that Paula’s allegations of unwanted sexual behaviors is true, that it was motivated by inappropriate supervisory relationship, and it affected her job performance, than a hostile work environment was created and we are in violation of Title VII. In the case of Sam blocking Paula’s transfer to another department, “because she may get pregnant”, we can be held liable under the Pregnancy Discrimination Act of 1978, which forbids discrimination in employment based on
The U.S. Supreme Court did acknowledge in its holding that tort liability might result from its decision but that such liability was often used as a guise or cover for gender discrimination. The position of many of the employers is that even if there were evidence linking the toxins to birth defects, the women took the jobs with knowledge about the risk and agreed to that risk. Any employer will have difficulty trying to reconcile antidiscrimination laws against risks of exposure as concerned by Sam, the Title VII bans sex-specific fetal-protection policies. The best an employer could do is to fully inform the women of the risk and not to act negligently. Congress has left this choice to the woman as hers to make, thus, Newcorp should allow Paula to make her own informed decision and allowed to transfer if she pleases (Net Industries,
Subsection 2f is extensive in describing unlawful termination as race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin (Fair Work Act, 2009, p.1988). Under the Fair Work Act 2009 (Cth) it is important to note that there is a specialist information and assistance group which have been established within the Office of the Fair Work Ombudsman for small and medium sized employers to gain assistance and advice when considering forms of dismissal. In conclusion unlawful dismissal is for certain prohibited reasons such as discrimination, etc, as stated above. An employee’s performance issues or misconduct by and large, encompass unfair dismissals. The Fair Work Act 2009 (Cth) sheds some light on the disparity to ensure employees and employers are protected when claims are submitted.
Memo To: From: Date: Subject: The CEO Brenda Peeler, Elementary Division Manager August 23, 2012 Pending Constructive Discharge Litigation from a Former Employee In response to your request, please allow this memorandum to provide you with my findings and recommendations regarding the above-referenced matter. Overview: The case brought by our former employee alleges that the new policy regarding our production staff is in violation of Title VII of the Civil Rights Act of 1964. Additionally, the lawsuit asserts that constructive discharge is the basis of our former employee’s voluntary resignation. However, in order to make such a claim, the courts require evidence of either an aggravated situation beyond ordinary discrimination and/or an