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More handpicked essays just for you.
Discrimination by race
Discrimination by race
Discrimination by race
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The Dothard v. Rawlinson case was the first United States Supreme Court case where the bona fide occupational qualifications (BFOQ) defense was used (Neuberger, 1978). The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, an employer cannot refuse to hire a person based off of their sex. The one exception to Title VII of the Civil Rights Act of 1964 is if sex is a requirement to meet the BFOQ for day to day operations of a company (Neuberger, 1978). I personally do agree with the reasoning because I believe that everyone should equal rights. Race, size, and weight should not discriminators to someone who is seeking employment in a certain field. As long as a man or a woman meet the minimum qualifications and
are qualified for a job, then he or she should be awarded the opportunity to be gainfully employed. As with all jobs, you have a probationary phase and if he or she is not meeting the requirements to fulfill the job duties that are laid out, then they shall be let go. That way, you have documentation and facts as to why he or she is not suited for the job. It is my experience as a state trooper that trooper-cadets fresh out of the academy realize that what they thought was going to be a great job turns out to be too dangerous for them, and they resign. As a Field Training Officer, I have also had to recommend that some trooper-cadets be let go because as a seasoned and well trained trooper, I did not feel that he or she possessed the knowledge and skills to be released on their own. Our department ensures that everything is well documented to show why that person was fired. Reference: Neuberger, T.S. (1978). Sex as a Bona Fide Occupational Qualification Under Title VII. Labor Law Journal, 29(7), 425-429.
The book, Celebrated Cases of Judge Dee (Dee Goong An), takes place in China, during the Tang dynasty. The Tang dynasty took place from 618-907 CE and included both Confucian and Legalist influences. Located in the Province of Shantung, is the town district called Chang-Ping, where Dee Goong An served as the town 's magistrate. A magistrate is a judge, detective, and peacekeeper who captures criminals and is responsible for their punishments. The people of China looked at magistrates as the "mother and father" of their town. Magistrates received a large amount of respect from the people due to the amount of authority and power they had. With so many people relying on him to make their home
The case of Graham v. Connor is about DeThorne Graham a diabetic that had an insulin reaction, and was pulled over and stopped by Officer Connor. The case is important because it has set the bar when it comes to other cases and the use of force and violation of Fourth Amendment rights.
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
This case was about a father by the name of Bob Latimer, this man had a daughter who was suffering with a disease called cerebral palsy. The disease was unfortunately entrenched with his daughter since her birth and was caused by brain damage. The disease made her immobile with the exception of the rare movements she showed through facial expressions or head movements. Twelve year old Tracey Latimer was in continuous pain every moment of her life and she was incapable of taking care of herself despite her age. She was bedridden and could not communicate with anyone in her family; she was more like a living corpse. Hoping only to better her condition, her family took her through several surgeries where some were successful but did not really benefit her in any way. Tracey had five to six seizures everyday and her condition would only get worse. All this was unbearable to her father Mr. Latimer like it would be to any loving father and it was then that he decided to end her pain and suffering. Latimer put Tracey into the cab of his truck and suffocated her. He did this by attaching a pipeline into the exhaust of the cab and this allowed carbon monoxide to enter the car which eventually leads to the painless death of his daughter. He was first convicted in 1994 of second degree murder with a life sentence term of 25 years and without parole for 10 years. Latimer then appealed his case to the Supreme Court and the previous decision was upheld. However, there was an error found in the procedure of the trial as some of the jury members were questioned on their beliefs in relation to the crime on the basis of religion, mercy killings, and etc. which then constituted the trial as unfair und...
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot
The duties of a police officer are to ensure that there is maintenance of public peace and order. In order to perform their duties and obligations they require certain powers, authority in order to perform their duties and this extends the power to arrest. This paper focuses on the decision of the court in DPP v Carr, the amendments on Law Enforcement (Powers and Responsibilities) Act (LEPRA) section 99 and a critical evaluation of statements made by Sentas and Cowdery.
Section 718.2e is a section of the Criminal code used to sentence aboriginal offenders. Its main purpose is to make the overrepresentation of aboriginal offending minimal. (Griffiths, 69). This idea was re established during the R.v. Gladue case in 1999 where the judge looked at the background factors that led the offender to commit a crime. Section 718.2e of the Criminal code states that the judge must consider the following:
Therefore, the job could have been done by either of the genders that applied. For this reason, the defense of the airline company was compromised. This led to the court’s decision that the placement of discriminating conditions such as the maximum height rule and the hiring of attractive female candidates only was a violation of Title VII under the Civil Rights Act of 1964. Indeed, the unlawful and impermissible discrimination exercised by the airline company denied the male applicants the above mentioned privileges and thus was a just cause of action taken by Gregory R.
Affirmative action programs may or may not have been appropriate in times past where inequalities were prevalent and programs to build diversity were mandated. In the United States today, where law bars discrimination, I feel employment opportunities should be based on merit and not on race, sex or any other preconceived notion. Actively recruiting candidates that do not meet minimum requirements or standards is counterproductive to any agency that strives to serve the public in an efficient and effective manner and further erode confidence in government.
No one—whether they’re black, white, Asian, Latino, or female—should have their qualifications questioned because of their skin color. Still using affirmative action today causes more problems than it should for minorities and women. Skin color should not be a factor of consideration for anything. Only scores, hard work, and dedication should be used to determine how a person will possibly succeed in college or a job.
The prohibited grounds of discrimination that have been violated in this case are the grounds of disability and the bias of sex.
Rather, it was added to the law by the opposition in an attempt to prevent the law from gaining the necessary vote to be instated. The little discussion concerning the matter of gender discrimination left courts with very little information to assist them in interpreting the law. (BL 348) Today courts generally “have determined that gender discrimination also includes discrimination due to pregnancy and sexual harassment, but not because of affinity orientation or being transgender.” (pg.348) Given with the passing of time, it is also natural for individuals to imagine just how prevalent gender discrimination is in our society but as stated by EEOC’s chairman in 2009, “sex discrimination against males and females alike continues to be a problem in the 21st century.”(pg. 338 – EEOC press release.) Gender itself plays a prominent role in our lives in the form of stereotypes, customs and ideas which are often discriminatory in nature, whether intentional or not. Of the two genders, women continue to be the most affected by gender discrimination and even as the number of woman in high positions continues to grow, they are still a proportionately large number of filled claims. (pg.338-339). According to a report released by the EEOC in 2010, “gender suits account for the second highest percentage of substantive claims brought under Title VII, behind race.” (#9, EEOC
The employment decision would unfairly disadvantage any future job applicants that are considered fat, unattractive, or unusual looking.
It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. The Act prohibits discrimination based on race, color, religion, sex or national origin. Sex includes pregnancy, childbirth or related medical conditions. It makes it illegal for employers to discriminate in relation to hiring, discharging, compensating, or providing the terms, conditions, and privileges of employment. Employment agencies may not discriminate when hiring or referring applicants. The Act also prohibits labor organizations from basing membership or union classifications on race, color, religion, sex, or national origin.