... , such as firing or disciplinary action. Any retaliation by the company could result in potential legal trouble, such as a wrongful termination lawsuit. Here are three areas of protected employee conduct that employers should be aware of: Voicing concerns about workplace issues Understandably, most employers want their employees to feel free to raise workplace concerns. Raising issues regarding ... a company can lead to investigations and often time's employees are asked to participate in the proceedings. Whether the investigation is conducted internally or externally, those asked to coo...

• Word Count: 2740
• Approx Pages: 11
• Has Bibliography
• Grade Level: Undergraduate

... by Title VII. Subsequently in 1967, another statute was enacted to provide group protection against discriminatory employment practices for the aged. However, we see that the aged (and initially specified protected groups) continue to be discriminated against even today. This discrimination is especially pervasive in the workplace. This discrimination occurs because there are presumed advantages of having younger employees and terminating ... members, and employment agencies (Levin, 2002). State and local governments were included in the term "employer" by amendments in 1974. Originally...

• Word Count: 1141
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... it comes to employees exercising their right to communicate amongst each other, discussing things such as working conditions, benefits, and wages, they are protected.[ CITATION Ste13 l 1033 ]. In the recent case brought up by the NLRB against Hispanics United of Buffalo, the company was caught terminating an ... The NLRB found that the employees were wrongfully terminated due to the post was about a workplace grievance, meaning that the statements expressed were protected by the National Labor Relations Act[ CITATION Tod13 l 1033 ]. Employer Rights As much as it seems that the employees...

• Word Count: 2202
• Approx Pages: 9
• Has Bibliography
• Grade Level: Undergraduate

... points out, "with the rising education level and the influence of the American with Disabilities Act, disabled people will be entering the workforce in increasing numbers" (1999, p. 314). To be protected by the ADA, one must have a disability, or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who ... . Drug addiction is considered a disability under the ADA. The base for that conclusion is that drug addiction is a substantially limiting impairment. Those who are currently using illegal drugs are n...

• Word Count: 2900
• Approx Pages: 12
• Has Bibliography
• Grade Level: Undergraduate

... members because of their race, color, sex, religion, or national origin (Fisher 427)." While most discrimination cases do involve women it is important to realize that men and women are protected equally. Sexual stereotyping is often a problem when talking about gender differences. Some employers assume women only act "feminine" or assign them to "feminine" jobs. This often results in ... problems because employers think a woman is not aggressive or a woman gets in trouble for being aggressive. Women in the workplace are also protected under the Pregnancy Discrimination Act of 1978, whic...

• Word Count: 2975
• Approx Pages: 12
• Has Bibliography
• Grade Level: Undergraduate

... worker sued the Sheriff, but the court decided that the First Amendment did not protect the worker's like as a legitimate form of protected speech. However, Supreme Court Decisions such as Branti vs. Finkel from 1980 states that public employees are protected from discharge solely for their political beliefs under the first and fourteenth amendments. In 1976 Elrod vs. Burns made firing a public ... employee more difficult by ruling the loss of constitutionally protected rights must be outweighed by the benefit gained in such a firing. 1990's Rutan vs. Republican Party of Illinois ruled ...

• Word Count: 1200
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... Medical Leave Act was enacted in 1993 in part by President Bush. This particular act was created in 1993. And the act provides eligible employees with two types of job-protected leave: regular leave and military family leave. The FMLA was intended "to balance the demands of the workplace with the needs of families." 1 This report provides a legislative history off the ... eligibility requirements and the major provisions of the act. The FMLA entitles eligible employees of covered employers to take leave that is job-protected for specified family and medical reasons. There are several ty...

• Word Count: 1253
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... ). Experts suggest that care be taken in selecting tests that have been validated, and that the instruments have been screened by Equal Employment Opportunity officers, as they could discriminate against protected groups. Franklin (1995) suggested that the use of honesty tests can create a trusting atmosphere among workers who are hired, since they recognize that they are less likely to be put ... purposes are limited by law under Title VII of the Civil Rights Act of 1964 and the Fair Credit Reporting Act. Certain information is not available to employers and is protected by state law. I...

• Word Count: 6022
• Approx Pages: 24
• Grade Level: Undergraduate

... (Fisher, 194). Since the inception of ADA, there have been many judicial and congressional rulings that have further defined "physical and mental impairments. Below is a list of examples of ADA protected disabilities. • Emotional/mental illness • Mental retardation • Learning disabilities • AIDS and HIV-positive • Physiological disorders • Cosmetic and anatomical loss affecting one or more ... Fisher, 194). • Drug users who have successfully rehabilitated • Drug users who are not currently using drugs, but are participating in a rehabilitation program (Peteros, 131). Alth...

• Word Count: 3057
• Approx Pages: 12
• Has Bibliography
• Grade Level: Undergraduate

... in employment may be shown using one of several theories: Disparate Treatment which is, unfavorable or unfair treatment of a person in comparison to others similarly situated because of that person's protected status." This generally involves the inconsistent or unfair application of an employment rule, policy, or practice against a specific individual. This treatment also is referred to as "unequal" or "differential ... used is, disparate impact, which is a uniform application to all applicants, or employees of certain personnel policies that have the effect of denying employment, or ...

• Word Count: 2485
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate

... is legal, however, testing is designed to detect and punish conduct that is usually engaged in off-duty and off the employer's premises; that is, in private. Criminal records are protected under Federal and State Law. An employer can inquire about felony convictions of applicants, and can deny employment upon establishment of a legitimate business purpose. However, an employer, in the ... state of California, can violate state law if the conviction is not job-related and the policy has a disparate impact upon a protected class. Legislation currently in effect was written without consider...

• Word Count: 2564
• Approx Pages: 10
• Grade Level: Undergraduate

... outline the origin and evolution of Title VII since its original conception. I will also discuss the impact that Title VII has had on the workplace, as well as who is protected by the laws and what employers can do to protect themselves against Title VII violations. Origin and Evolution of Title VII According to our text, Title VII was originally drafted ... late 1963. Within the legislation of the Civil Rights Act was Title VII, which was considered to be the "employment" section of the act. In relation to employment, Title VII protected individuals against discrimination due to "race,...

• Word Count: 1614
• Approx Pages: 6
• Grade Level: Undergraduate

... . Since the consumer training market was not yet mature the company chose to focus on corporations, mainly Fortune 1000. The company felt that their services were superior to competitors like CD-ROMs and in person courses because they can slash company costs and inconvience while saving time. In order for the company to gain the competitive advantage they must "ramp" up ... ...

• Word Count: 273
• Approx Pages: 1
• Grade Level: Undergraduate

... . Additionally, two labor organizations support the workplace bullying legislation, The National Association of Government Employees and the SEIU Massachusetts State Council. A Closer Look Currently in Massachusetts, employees who fall under a protected class have legal avenues to pursue when they feel they have been harassed or abused in the workplace. For example if an employee experience a hostile work environment that is tied ... whether they are union members (NLRA, 29 U.S.C. Sec. 157). I was able to locate one instance that a labor union was successful in including language in thei...

• Word Count: 962
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... only rise when the economy reaches full employment with consistent period of growth. The need for protectionism Lewis was a big fan of protectionism, he explained that if domestic industries are protected then they will grow and jobs will be created to help eliminate the excess labor supply, Lewis said the argument that free trade allows goods and service to be provided ... would be no inefficiency and would almost certainly aid in reducing the pool of surplus labour that creates and maintains poverty. The theory also states that if domestic industries are protected then capital formati...

• Word Count: 4558
• Approx Pages: 18
• Has Bibliography
• Grade Level: Undergraduate

... reasons, primarily related to numerous documentation and medication errors in violation of Walker's policies and procedures; and her discharge was not premised, in anyway, upon race, national origin, or any protected class, nor in retaliation for her alleged complaint of discrimination. The Minnesota Department of Human Rights dismissed this charge for the following reasons: 1. It is the alleged that Walker discriminated ... against Charging Party, in violation of the Minnesota Human Rights Act. 2. Walker denied that Charging Party's protected class status was a discriminatory factor in...

• Word Count: 853
• Approx Pages: 3
• Grade Level: Undergraduate

... in place any employer could decide arbitrarily, which led to blatant discrimination regardless of ability, qualification, or willingness to work. With the law in place specific classes of people became protected in the hiring and firing process. "Title VII of the Civil Rights Act of 1964 is the centerpiece of efforts to end discrimination in the workplace. It prohibits discrimination in ... women's wages, providing job settings that accommodate work and family needs, and fully integrating women into traditionally male-dominated occupations" (Dolkart, 2003). While women are only one of t...

• Word Count: 1036
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... gaffs. This incident was the first sealers strike recorded in Newfoundland history. The first trades to organize unions were shipwrights in 1851 and seal skinners in 1854. These early unions protected its members by keeping them in short supply. Consequently the first unions of the 19th century were in the fishery and classified as craft unions. The strategy skilled tradesmen used ... (John Thompson 1936) just to mention a few. There were two key pieces of legislation, which also helped the labor movement. The first being the Trade Union act in 1910, which protected Unions from criminal...

• Word Count: 1444
• Approx Pages: 6
• Grade Level: Undergraduate

... or offensive work environment." (U.S. Equal Employment Opportunity Commission) Sexual harassment can occur in a variety of circumstances. In addition to Title VII, several other federal laws prohibit harassment based on certain protected classes. "The Americans with Disabilities Act" prohibits disability-based discrimination. "The Age Discrimination in Employment Act" (ADEA) prohibits age discrimination, making it illegal to discriminate against anyone age 40 and ... , and it does not matter whether the harasser is motivated by sexual desire or by dislike of a certain gender. Sexual orie...

• Word Count: 990
• Approx Pages: 4
• Grade Level: Undergraduate

... and equipment. The negative side of monitoring employee email is this procedure exposes employer's to various forms of legal liability. Employees on the other hand believe that email should be protected from the employer. They feel that their private email should be private and not be viewed by anyone but the intended recipient. Employees believe that their privacy is being disrespected ... the telephone as the preferred means of communication." When looking at the rights/fairness issue the employer's actions in monitoring their employee's email is justified and has the right to protect...

• Word Count: 1115
• Approx Pages: 4
• Grade Level: Undergraduate

... be created to help advocate for change. Also, get groups like the American Civil Liberties Union (ACLU) involved in helping the victims and make more aware of how they are protected by the law. Have the government to give more assistance to the people who have STDs so they can a have a more sufficient life is another way to help solve this ... ...

• Word Count: 2486
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate

... programs are not always efficient because employees take advantage of the rewards for their own benefits and not report accidents. Safety procedures are meant to insure that workers are being protected but instead, they are ignored and not being used effectively which can affect employees' health....

• Word Count: 1560
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... the internet. If an employee is surfing questionable web sites, they can easily download these malware programs, without even knowing it. At this point a hacker can obtain important, personal or protected company information. Likewise, downloading large files uses network bandwidth and may slow down the network for legitimate users. The monitoring of employee's internet use at work could also potentially decrease ... ...

• Word Count: 1508
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... it mandatory for all small businesses, employers will likely discriminate against childless females in employment, as can be seen in Kosova. Therefore, parental leave, maternity leave in particular, should remain protected, but paid leave time should only be encouraged, and not made legally mandatory....

• Word Count: 1366
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... compensation to victims of intentional discrimination and clarifies provisions regarding contrasting impact actions.10 This Act was endorsed to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, and to provide additional protection to individuals.11 Not only does the statute authorize compensatory and punitive damages, but it allows for the possibility of obtaining attorneys ... ...

• Word Count: 2466
• Approx Pages: 10
• Grade Level: Undergraduate