Monday, December 17, 2018
'Employment Law Essay\r'
'1. When stack an employeeÃ¢â¬â¢s religious article of belief delimitate as a bona fide occupational qualification? apparitional organizations atomic number 18 permitted to discriminate as long as the position relates to the promotion of the religion. Religious belief is considered a bona fide occupational qualification. For ex angstromle, if a catholic church is tone for a clergy member. The Catholic Church would argue that solo catholic could effectively practice and pr from each one the tenants of their religion.\r\n2. In the law firm of Milton, Madden & Herman (Ã¢â¬Å"MM&H), a request has been filled by two Sikhs to wear turbans. Although MM&HÃ¢â¬â¢s dress code does not deliver to this issue, MM&H decides to prohibit this attire. How would you give notice the Sikhs to proceed? Sikhs can argue that MM&H prohibited the turban which is partition of his religion. The club can always accommodate his religious beliefs as long as Sikhs explain what his religious beliefs are and how they are being compromised by the employer because of the task at hand. Reasonable accommodation of a religious belief must be made by the employer if such accommodation does not compromise the rights of others does not want lots of cash.\r\n3. Johnny Carlton dateed the University of Lebanon while his go was stationed in the military in that country. When Kurt Munson review CarltonÃ¢â¬â¢s application for employment, he asks Carlton why he chose to attend college there. Carlton explains. When Carlton, who is qualified for the position, is subsequently denied, he reasons that MunsonÃ¢â¬â¢s interrogation was determining factor. Carlton initiates a Title septette birdcall for national origin discrimination. Munson asserts that Carlton does not fall downstairs that protected class. Is Carlton covered? Yes, Carlton is covered. Even though he is not of national origin and not part of the protected class he attended a school or religious institutio n that is place with people of a specific national origin. In this case Lebanon. Carlton can sue because the Title VII of the Civil Rights Act and the Immigration Reform and bind Act of 1986 says that individuals are protected from discrimination found on national origin.\r\n4. Harvey Jameson was recently terminated as comptroller at the age of 66 from give Beef, Inc. His replacement is Tammy Parker, age 45. Because both he and his replacement are covered under the ADEA, Jameson is wonder whether he is precluded from suing. Harvey can go ahead and sue, but, he might not win this one because erstwhile he does initiate the case the employer must submit legitimate nondiscriminatory reason for the discharge. In this case, it seems that he was Ã¢â¬Å" allow goÃ¢â¬Â because of his performance. Then Harvey must prove that the employerÃ¢â¬â¢s reasoning was false and that the real reason was to discriminate.\r\n5. Rita dorm has kidney failure and is forced to be on dialysis one-t hird meters a week. She is a financial psychoanalyst for Bull and Bear. She is asking for three afternoons off each week. Hall is offering to work. Late two long time and on Saturdays to make up the remaining time off. She does not believe this will adversely hazard her duties. Bull and Bear refuses, claiming it is disruptive to the work environment. How would you propose Hall to proceed? For Rita Hall is more of revenue enhancement problem and not an age discrimination. The company can claim that to keep this employee would be not practiced to the company in financial terms.\r\n'