Wednesday, January 29, 2020

Decisions Essay Example for Free

Decisions Essay Decisions in 2006 regarding discrimination in the workplace centered largely on a theme of time and evidence. The court regularly held that the evidence of discrimination must be clear and that the legal action must be filed in a timely manner. The idea that a person can have been the victim of discrimination for years and have taken no action was dismissed as untimely. A case alleging racial discrimination was held to have insufficient proof of intent and in another case the court held that a union suing an employer for prejudicial hiring practices also did not submit sufficient proof. Finally, the court held that when an employer takes discriminatory action it does not have to be within the confines of the workplace to be discriminatory. First, in a case against Good Year Tire and Rubber Company, the plaintiff claimed that in her 18 years with Good Year, she had routinely been paid a smaller wage than her male counterparts. A local jury awarded her damages based on a series of wage-related decisions going back 19 years. However, the 11th Circuit Court held that the plaintiff’s lawsuit was untimely in that her complaint was not based on actions taken in the last 180 days according to the summation of Ledbetter v. Goodyear Tire Rubber, 421 F. 3d 1169 (11th Cir 08/23/2005) (Runkel, 2007. The court did not rule on the merit of the case, but held that the statute restricts the time frame in which the alleged discrimination was to have occurred (Runkel, 2007). The plaintiff has appealed the decision to the U.  S. Supreme Court and in May, 2007, Justice Samuel Alito writing for the court, affirmed the lower court’s ruling â€Å"Ledbetter v. Good Year†, 2007). Next, in case versus Tyson Foods the court held that use of the term â€Å"boy† is not enough proof of racial animus to sustain a ruling alleging discrimination, but reverse a portion of the lower court’s ruling which had claimed that a racial descriptor was required to accompany the word to prove animus. In Ash v. Tyson Foods, 126 S. Ct. 195 (02/21/2006), the court wrote, â€Å"Although it is true the disputed word will not always be evidence of racial animus, it does not follow that the term, standing alone, is always benign. The speakers meaning may depend on various factors including context, inflection, tone of voice, local custom, and historical usage. Insofar as the Court of Appeals held that modifiers or qualifications are necessary in all instances to render the disputed term probative of bias, the courts decision is erroneous. (Runkel, 2007). That means the court needs more information that just a word to determine discrimination. The court ruling says that to prove discrimination, the plaintiff must show more than just a misjudgment by the hiring authority of perceived qualifications. It must show that ‘disparities of qualifications must be or such weight and significance† that a reasonable person could not have made the hiring decision which was made (â€Å"Ash v. Tyson, 2006). This decision dovetails with the court’s decision in IBEW v.  Mississippi Power Light, 442 F. 3d 313 (5th Cir 03/02/2006). The union had argues that the employer’s standard for employment was discriminatory in that the cut-off point on the standardized tests was inherently discriminatory. The court did not dispute the merit of the claim, but ruled that the burden of proof lies with the plaintiff and that the union had failed to prove that there was another way that the employer could adequately determine employment eligibility. (Runkel, 2007) Finally, the court held that when an employer is accused of retaliatory action, it does not have to be limited to the confines of the work environment. In Burlington Northern v. White, 126 S. Ct. 2405 (06/22/2006), the court upheld the defendant’s claim that her employer had retaliated against her by moving her from one position to another and by initially trying to suspend her without pay, requiring that she file a grievance through the union to receive reinstatement and her back pay. The court held, â€Å"We conclude that the anti-retaliation provision does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace. We also conclude that the provision covers those (and only those) employer actions that would have been materially adverse to a reasonable employee or job applicant. In the present context that means that the employers actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination. (Runkel, 2007). The court further held that retaliatory practices do not have to include financial loss to be actionable. (Runkel, 2007) The overwhelming effect of these court ruling on future graduates is a trend within employment law toward the defense of the employer. These cases tend to indicate that the court has placed the entire burden of proof on the employee when it comes to discrimination cases and expects that the employee can make a clear case for their claim, rather than relying on vague innuendoes, such as in the Tyson case. For employees, this can be a difficult precedence in that other employees are unlikely to back a person’s claim regarding workplace discrimination especially when they would then have such stringent requirements in proving their own retaliation case. This is also likely to have a chilling effect on employees who feel they are being mistreated because of the burden of proof. The reality is that for any African-American man, the mere use of the word boy is inflammatory, especially in the south. Though the word was not accompanied by any racial descriptor, the court held that intonation and other context can be used to determine the word’s intent. For an African-American in the South, that is the context and proving what his supervisor was thinking places too great a burden on the plaintiff. The Tyson case in particular makes it difficult for a person who is the victim of subtle racism to prove it and the Ledbetter cases reiterates that the person must deal with any perceived discrimination within 6 months of its occurrence, compounding the difficulty in proving a case.

Tuesday, January 21, 2020

Enclosure Act :: essays research papers

Enclosure Act The Enclosure Act was passed to create more commerce for farmers and use the lands more rationally. The enclosure was good because it increased food production. The enclosure also began a capitalistic attitude in Europe. The Enclosure Act damaged the pheasant population. Before the enclosure of the land, there were strips of land poor farmers would farm. There was also common land farmers would use to allow their animals to graze. This system discouraged improvement and favored the small time farmers. When the enclosure happened the landlords consolidated their lands, they transformed the strips of land into block fields, and fenced up the common land.   Ã‚  Ã‚  Ã‚  Ã‚  The enclosure increased the amount of food produced and the food supply. The enclosure allowed the continuation of innovations and inventions to help increase food production. The land was used more efficiently. The decisions on what crops to plant were not made communally as like in the village method. The farmers would use crop rotation and had more manure to use as fertilizer.   Ã‚  Ã‚  Ã‚  Ã‚  The farmers wanted to make more money after the enclosure. There was an entrepreneurial attitude. The farmers wanted to own land. These attitudes, however, hurt the poor farmers. The landlords, who were concerned about profits, did not care like they did during the village method about waving rents and look out for the farmers. Now all they wanted was their money.   Ã‚  Ã‚  Ã‚  Ã‚  One of the bad things that happened during the enclosure of land was what happened to the small farmers. In some cases the population of the poor cottagers, common pasturagers, and small farmers dropped. The landlords were not taking care of them like they us to during depressed times.

Monday, January 13, 2020

Bang bang banh

List three civil rights events that Lorraine (or the Hansberry family) was involved with: 1 . Her parents were both active in the black community of Chicago as well as social change work. 2. She was involved in the Hansberry vs. Lee case because her family was being forced to desegregate their white neighborhood with a restrictive covenant. Despite violent protest they didn't move until the court ordered them to. 3. One of her brothers dodged the draft because of segregation and discrimination in the military Use the following website to answer the following questions. http://en. wikipedia. rg/wiki/Restrictive_covenant 4.In your own words, what are â€Å"restrictive covenants†? A sort of agreement, which limits what the owner of the land or lease can do with it. 5. How have they been used in segregation? Used to keep blacks from â€Å"invading† white neighborhoods The title A Raisin in the Sun comes from Langston Hughes' poem entitled â€Å"Harlem. † Read the poe m at the following website: http://www. teachingamericanhistory. org/library/index. asp? document=640 Use the following website to learn more about the poem. http://poetry. suitel 01 . com/article. cfm/hughes_harlem_a_dream_deferred According to this website, what is the theme ot â€Å"Harlem†? A dream deterred 7. Do you think this theme fits with the poem? Why or why not? Yes it explains what happens when a dream is postponed. 8. List two literary elements that can be found in the poem and give an example of each (copy and paste line): Literary element: rhetorical questions Example: What happens toa dream deferred? Literary element: simile Example: Does it stink like rotten meat? 9. Read through the commentary and tell what you think most likely happens to a â€Å"dream deferred† and explain why. When a dream is deferred it is lost, sense you no onger are able to fulfill it.It becomes a waste of time and a disappointment. In Act II, Scene Two, a character refers to Bo oker T. Washington as one of our â€Å"great men,† but another character disagrees and calls him a fool. Learn some facts about Mr. Washington to help you arrive at your own conclusion. Use the following websites to find three facts that support that he was a â€Å"great† man and three facts that may have lead the other character to believe he was a fool. http://www. nps. gov/archive/bowa/btwbio. html http://en. wikipedia. org/wiki/Booker_T. _Washington http://northbysouth. enyon. edu/1998. edu/home/btw. htm Great Man 10.First African American man to be invited to the white house 1 1 . First African American man to receive an honorary degree from Harvard 12. He was born a slave and had no early education, yet he still became America's foremost black educator Fool 13. His Atlanta compromise was known as a betrayal to the black community because it accepted segregation.

Sunday, January 5, 2020

Analysis On Jayson Mcleod s Life - 997 Words

Jayson McLeod has long held the belief that the world is what you will it to be. Under this worldview there is no fate or destiny, but rather a series of events intertwined with a preceding series of events. The Greeks once believed that the weather was at the whim of the gods. The Greeks later changed their worldview away from the notion that the gods control weather. From this they began to notice weather patterns allowing for safer sea trade which in turn brought prosperity to the Greek peninsula. It is this sort of cause and effect that shapes the world we live in. Jayson’s family’s past is a large part of what shapes his belief in that the world is what you will it to be. His Father’s family is in a large part successful and stable†¦show more content†¦Sharon s biological father was horrid to her throughout her childhood. Sharon often refuses to make any mention to her biological father, but those she have been terrible. Sharon’s father would never be in her children’s life, but the impacts he had on her are still present in her life today. Sharon’s mother, Marilyn, has worked very hard to keep her family together. Marilyn has always been a caring woman with a full heart. Marilyn is the storyteller of the family with her grandchildren being her primary source material. Sharon is a mix of the good and bad in her life. Together Jayson’s mother and father have shaped who he is and how he see’s the world much how their ancestors before them have. Since he was born on March 12th, 1994, Jayson has lived in two places, Prince Albert and Emma Lake. His community have been a part of who he has become. There is an endless list of stories Jayson’s summer spent at the lake. Growing up on the beach is a different way of life. Life on the beach moves slower and relaxed. Living at Emma Lake has cause him to live a life not worrying about things you can t change and work on the things you can change. Rainy days have been some of the best days. Often Jayson and his friends would have grand plans for the day only to have the rain hamper their best laid plans. Rainy days were the days spent sitting on the porch having deep conversation watching the rain. To this day whenever itShow MoreRelatedStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pagesand permission should be obtained from the publisher prior to any prohibited reproduction, storage in a ret rieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290. Many of the designations by manufacturers