Tanglewood Case 3 Essay Sample

Employment Law
Final Exam

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Riyadh vs. ABC Advertising ( ABC )
Sexual activity and Religious Discrimination
Ms. Riyadh believes she is being discriminated against for spiritual beliefs and gender favoritism. In this Title VII favoritism instance Ms. Riyadh will hold to set up a Prima Facie Case turn outing spiritual and gender or sex favoritism. The company ( ABC ) will hold the load of cogent evidence of turn outing their failure to advance Ms. Riyadh to a higher place is non related to her faith or her sex. Ms. Riyadh has to turn out she was deliberately discriminated against due to said grounds. Ms. Riyadh’s Prima Facie will be based on both sex and spiritual favoritism. Her spiritual favoritism instance is based on the fact she takes day-to-day supplication and speculation interruptions. her faith prohibits certain types of fraternising such as imbibing intoxicant. eating certain nutrients. Besides. her sex favoritism instance will be based on the fact ABC has promoted more work forces than adult females in all places at ABC. Management could reason the fact they did in fact advance some adult females in the company.

The company could besides reason the fact it is in the best involvement of the company to really hold employees who can market and fraternise better than Ms. Riyadh who may be restricted due to her spiritual beliefs. ABC argues that in the advertisement field. it is indispensable that higher administrative employees project a polished visual aspect and engage in societal and fraternal activities in order to obtain and carry on concern. Ms. Riyadh could reason this is a misdemeanor of Title VII of the Civil Rights Act. Ms. Riyadh could besides reason that she was promised she would be promoted in 2 old ages provided she did a good occupation.

I’m sure the company was cognizant of her spiritual beliefs was when she started. Ms. Riyadh received outstanding ratings and outperformed her male opposite numbers. She has besides won three national awards. Harmonizing to the Glass Ceiling Commission it is recommended that concerns commit to workplace diverseness. and all qualified persons have an chance to vie based on ability and virtue. This instance could be hard to judge because both parties knew certain things about each other before employment began. ABC knew Ms. Riyadh spiritual beliefs before she was hired and Ms. Riyadh knew that if she was promoted. she may perchance socialise and fraternise more exterior of her comfort zone. In a manner. this can be compared to the EEOC vs. Kelly Services. The complainant did non desire to take her khimar. Kelly Services did predominate. or the EEOC vs. Alamo Car Rental ( Twomey p. 419-420 ) when the complainant did non desire to take her caput scarf. It’s similar in that it was requested by the employers for the employee to change their visual aspect due their spiritual beliefs to even work.

( 1 ) UPS Disability Case
Management could reason the deaf workers did non necessitate particular adjustment because they did in fact receive the preparation and could watch presentations on the picture. Besides. the company claims the workers are non disabled for the intent of managing bundles. Employees could reason they are disabled for some undertaking and non disabled for other undertaking. They could besides reason they missed or misinterpreted certain points of the direction.

The ADA states that sensible adjustments may include the undermentioned: Job restructuring. part-time or modified work agendas. reassignment to a vacant place. acquisition or alteration of equipment or device. appropriate accommodation or alterations of scrutinies. developing stuff or policies. the proviso of qualified readers or translators. and other similar adjustments for persons with disablements. An employer is non obligated under the ADA to do adjustments that would be an “undue hardship” on the employer. If the company is a little company with greater resources it may be executable. nevertheless. if it is a smaller company. it may be more hard to suit. Bing this a private and perchance smaller company. it would be hard for the employers to win as the company could reason the employees should hold made the company aware of any inability to construe the picture. Besides. it could do a adversity on the company to redact or make new pictures to suit the employees.

( 2 ) Bob Smith vs. Saturn
I don’t experience the tribunal should allow Saturn’s petition and overrule the arbiter. There was no merely cause and this could hold happened to anyone. The company failed to follow one of the of import stairss and that was “fact
finding” and to really admit the ground why he was tardily. Arbitration offers employers and brotherhoods a comparatively fast and cheap method of deciding differences that may originate under their corporate bargaining understandings. Because the parties themselves select the arbiter. who is normally an expert on the issue in difference. there is normally prompt conformity with the arbitrator’s award. Were the parties able to dispute the award through the tribunals on a broad scope of theories. the advantages of low cost and conclusiveness of the arbitration procedure would be lost. The tribunals have been keenly cognizant of this state of affairs and let challenges to arbitrators’ determinations merely on really narrow evidences. It is most unusual so for a losing party to win in a tribunal challenge to an arbitration determination. ( Twomey. p. 289 )

( 3 ) Martha vs. Good Food Supermarket
An employer may do pre-employment enquiries into the ability of a occupation applicant to execute job-related maps. Under the new user friendly EEOC guidelines under the ADA. an employer may inquire appliers whether they will necessitate sensible adjustments in the hiring procedure. If the reply is yes. the employer may inquire for sensible certification of the disablement. The employer may non inquire if an applier will necessitate sensible adjustment to make the occupation. nevertheless. the employer may do pre employment enquiries sing the ability of a occupation applicant to execute occupation related maps. If the employer chooses non to engage the applier. they could possible do a defence saying the occupation responsibilities would farther damage an bing status. The employer must do an individualised medical hazard appraisal of the applicant’s status. The applier could reason it would be the employers’ responsibility to supply sensible adjustments under the ADA. If the company is a smaller company. they may non be able to do sensible adjustments without adversity to the company. I don’t feel Martha has a good instance.

( 4 ) Patsy vs. Tom’s Irish Pub
On November 10. 1980. the EEOC issued Sex Discrimination Guidelines. The guidelines define sexual torment as follows: Unwelcome sexual progresss. petitions for sexual favours. and other verbal or physical behavior of a sexual nature constitute sexual torment. In order for Patsy to set up a Prima
Facie Case. she would hold to show the followers: a. That she belongs to a protected category.

B. That she was subjected to unwelcome sexual torment
c. That the torment was based on sex
d. That a consequence of the complainants refusal to subject to a supervisor’s sexual demand. an inauspicious touchable employment action—official act of the enterprise—was taken against the complainant. I feel Patsy will predominate in this instance against the saloon. Patsy was exposed to favoritism due to her sex. Besides. she asked for another waitress to be assigned to Simon’s tabular array and her petitions were ignored. This did in fact expose Patsy to a hostile work environment. Tom did non take the necessary stairss to forestall Patsy from being placed in a hostile environment. Similar to the instance of Bundy vs. Jackson. Bundy was non terminated for declining her supervisor’s progresss. Her claim in portion stated that “conditions of employment” as set Forth in Title VII include the psychological and emotional work environment.

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