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Discrimination against disability eassy
Discrimination against disability eassy
Discrimination against disability eassy
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Respondent denies that she discriminated against complainant based on her disability. Rather, Respondent asserts that Complainant was denied based on the inconsistencies noted in her credit report which included a landlord tenant civil court filing. Respondent acknowledges that she was made aware of Complainant’s disability while talking to her and scheduling her appointment Complainant and Pamela Pennington, who also advised her about Complainant’s disability. Respondent states that she showed Complainant and Pennington the unit and all of the building’s amenities. Complainant told Respondent that she loved the unit and wanted to move in. Respondent advised Complainant that she was required to run a credit check as required by the condominium association required. Complainant told Respondent that she was running out of time to find a unit using her Housing Choice Voucher and requested that her move-in packet be completed once the credit check was completed. Respondent advised Complainant that she could not let someone move into the unit without previous rental references …show more content…
Complainant explained that she had been married for a short time in 2002. Respondent states that the various names showed up throughout Complainant’s credit report well after 2002. Respondent gave Complainant a copy of the credit report for her reference. Respondent state that, when she reviewed various items with Complainant to determine if the entries were errors, as Complainant suggested. However, Complainant stated that the information they reviewed was factually correct. Respondent states that she told Complainant to review the credit report and advise her of any inconsistencies. Respondent states that, of the date of her filing Respondent’s Response, Complainant failed to provide her with explanations about any incorrect information not applicable to
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
Facts: In the above case, employee Joel Hernandez was tested positive for cocaine. With the fear of being dismissed from his job, he acknowledged that his behaviour violated petitioner Raytheon Company's workplace conduct rules, and obviously, was pressed to quit his job. Also, the reason for the employee resignation was also based on the notion that had he not resigned it would be petitioner who would eventually fired him from his work. After more than two years of rehabilitation, petitioner applied to be re-employed alleging on his application that the following had previously hired him. In his application, he also attached letters coming from, his pastor about his active church participation and from an Alcoholics Anonymous counsellor about his regular visit and attendance at meetings and his immediate recovery. When a HR employee of petitioner reviewed Hernandez application, she then rejected his application on the ground that petitioner has a policy against rehiring employees who are terminated for workplace wrongdoing. According to the HR employee, she did not know that that employee was a former drug addict when she rejected his application. As a result to this development, Hernandez instituted a suit and filed a charge with the Equal Employment Opportunity Commission (EEOC), averring that his rights has been violated in consonant with the Americans with Disabilities Act of 1990 (ADA). Therefore, the Equal Employment Opportunity Commission (EEOC) as a consequence, gave a go signal to the respondent and issued a right-to-sue letter and the right to file an ADA action. Following this, respondent established an Americans with Disabilities Act of 1990 (ADA) action, alleging that petitioner did not act on his application for the reason that he has a record of drug addition and/or because he was known before as being a drug user. On the other hand, petitioner responded by filing a summary judgement motion. This resulted to respondent's argumentation in the alternative that in the case that petitioner sought for a neutral no-rehire policy in his case, it is still sufficient to a violation of the Americans with Disabilities Act of 1990 (ADA) because of that policy's disparate impact.
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
In your letter, you requested the removal of the derogatory information reported for the Account pursuant to the Fair Credit Reporting Act (“FCRA”) [15 U.S.C § 1681]. The FCRA [15 U.S.C § 1681s-2] (a)(8)(D) states: “A consumer who seeks to dispute the accuracy of the information shall provide a dispute notice directly to such persons at the address specified by the person for such
The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
The ADA prohibits employer discrimination against qualified individuals with a disability in regard to application procedures, hiring and firing, promotions, pay, training, and other terms, conditions, and privileges of employment (Hernandez, 2001). This applies to the entire range of employer-employee relationships, including testing, work assignments, discipline, leave, benefits, and lay-offs. In addition, the ADA prohibits retaliation against individuals w...
This analysis will serve to measure the accusation of discrimination by Mr. Ron Whyme against We Deny Everything Insurance Company (WDE). As explained by Nelson (2009), in order for prima face discrimination to have taken please, one must demonstrate they are part of a protected class; that they applied for the job; were rejected for the job or promotion, and the job was filled by someone else. The analysis will be measured by the most widely and legally accepted method of conducting the analysis is measuring the factors by the 4/5ths (or Griggs) rule.
Disparate treatment is a form of discrimination that is forbidden by laws in which all employers must comply, including fire and emergency services. Disparate treatment in the workplace is applicable to many functions of the workplace including, discipline, promotions, hiring, firing, benefits, layoffs, and testing (Varone, 2012). The claim of disparate treatment arises when a person or group, “is treated differently because of a prohibited classification” (Varone, 2012, p. 439). In the 2010 case, Lewis v. City of Chicago, six plaintiffs accused the city of disparate treatment following testing for open positions within the Chicago Fire Department (Lewis v. City of Chicago, 2010). The case is based on the argument that the Chicago Fire Department firefighter candidate testing, which was conducted in 1995, followed an unfair process of grouping eligible candidates, therefore discriminating against candidates of African-American decent. The case was heard by the Seventh District Court of Appeals and ultimately appeared before the United States Supreme Court, where Justice Scalia delivered the final verdict in favor of the plaintiffs.
Edmond’s was a suspect fraud investigator that worked for Discover credit card. He called to report his company flagged some purchases made on a Discover credit card with the cardholder being James Frank Boucher. Edmond was aware James Frank Boucher was issued a second Discover credit card due to previously reported fraud activity on the previous account. Discover contacted James Frank Boucher via telephone on 09/03/2016 at 1100 hours. Discover questioned James Frank Boucher about 3 transactions made on 09/02/2016. James Frank Boucher denied using his credit card for the 3 transactions. All 3 transactions were committed on 09/02/2016. 1) Circle K located at 111 E. Walnut St. Murphysboro, Illinois in the amount of $8.64 at 1241 hours. 2) Wal-Mart located at 6495 Country Club Rd. Murphysboro, Illinois in the amount of $73.40 at 0104 hours. 3) Walgreens located at 503 Walnut St. Murphysboro, Illinois in the amount of $1.94 at 0952 hours. The suspect attempted to make a cash advance at Circle K and Walgreens, but was declined. Edmond indicated the reason for the report to the local authorities was due to James Frank Boucher having a second report of fraud and believed it was necessary for the authorities to investigate. Discover reimbursed James Frank Boucher’s account after learning the 3 transactions listed above were fraudulent. I advised Edmond there was a report on file
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors (US Department of Justice, 2011...
After reading the scenario requested, as a judge, there lies a number of occurrences that appears to be very concerning. The director alleges that
In addition, Walsh states that “the crux of a disparate treatment case is an allegation that an employment decision was intentionally discriminatory in the sense of being based on protected class (Walsh, 2013)”. When Ms. Baker refused to fire employees simply because they were older, she was placed on probation, and ultimately released from her position. Furthermore, the reasons given to Ms. Baker at the time of her termination differed from the reasons given to the court.
If you are disabled and unable to work, you have likely considered pursuing a Social Security Disability (SSD) claim. While this government program exists to help those in need, navigating the applications and paperwork can be a headache. Even clearly valid claims can sometimes require appeals and months of waiting. For this reason, many Social Security claimants choose to seek the advice of an experienced lawyer.
*Currently, we have a four-step grievance procedure in place for all employee complains and grievances. Employees first discuss the complaint with immediate supervisor. If it cannot be resolved, they can submit a written complaint to their second level supervisor. If the employee is not satisfied with the solution, they can contact the HR director, in writing, within five days of step two decision. The next step is contacting the Vice President for their department, within seven days of the last’s step decision. The last step is submitting a written complaint to the CEO. A Grievance Review Committee will submit a recommendation to the CEO in order to make a decision. It seems as a long process but lately, there has been a growing number of
When you find out that a loved one has passed away, you initially respond by being hurt and confused. After your initial response, you realize that you have to find a way to move on in your life without your loved one. People with disabilities have to do the same thing when they find out that they have a disability. There are three categories of response to disability: cognitive, behavioral, and affective.