concerning various allegations of conduct constituting sexual harassment (SH) and unlawful discrimination on grounds of sex. The reasoning of Mansfield at first instance (which is accepted by the judges at appeal) adequately addresses issues of credibility, standard of workplace policies regarding SH and discrimination, and etc. The aim of this research paper is to assess the court’s approach to the conduct alleged to constitute sexual harassment, respondent’s response to the allegations, and the assessment
trust by a director of the company. The Act allows negligence as the sole ground unlike common law which required the claimant to establish ‘fraud’ even if negligence existed. It is believed that the ‘d... ... middle of paper ... ...ust make an allegation of negligence”. It seems too easy for the shareholder to bring the action without knowing their hidden agenda. Second, the courts will be more involved with companies' internal management as they are given the full power of giving permission on
On September 12, 2014, Denise Rockett filed a complaint against Eugene Nigro, Esq. Nigro was reportedly negligent when handling legal matters in her late husband’s estate. Specifically, the complainant alleges that Denise, as Executrix of her late husband’s estate, was intentionally excluded from major decisions, not properly compensated, and deprived of control over their properties. Nigro allegedly breached his fiduciary obligation and violated Mass.R.Prof.C. 1.4(b), 1.7(b), and 8.4(c). FACTS
sense definition of a false allegation of rape is, the description of non-consensual sex that never actually occurred (Rumney, 2006). This appears straight forward however raises questions about the pervasiveness of false allegations as criminal justice professionals would argue that these numbers are quite high, whereas researchers and the literature around the area would argue that these numbers are in fact quite low. This article examines what constitutes a false allegation of rape and why the disparity
In Jose Canseco’s 60 Minutes interview, he stated that he and some of his teammates used steroids in the past. With all the hoopla surrounding Major League Baseball and its connection with allegations made by BALCO president Victor Conte, this report is intriguing at the least. High profile athletes such as Jason Giambi and Barry Bonds have been under direct scrutiny over the past year because of the steroid issue. Canseco firmly states that he and former teammate Mark McGwire casually injected together
Case Study: Malone family and Ciara’s allegation I am a qualified Social Worker, working in a family resource centre. This case is in relation to the Malone Family, who live nearby and have attended the centre, on and off for the past 2 years. Ms Malone uses the service to meet her friends, at the centre café. During one of her visits, she has arrived with bruising covering her face. It has also come to my attention, that Ms Malone goes to the domestic violence centre refuge and after a period of
A Toronto cook alleges she was badgered about her sexuality, touched without consent and subjected to a sexist work atmosphere by three former bosses at one of the city’s most popular, high-profile restaurants. Between July 2012 and January 2014, Kate Burnham, a former pastry chef at Weslodge restaurant, was routinely sexually harassed and abused at the King Street W. eatery, according to the application she has filed in Ontario’s Human Rights Tribunal. Burnham, now 24, is seeking $225,000 in damages
witches (Larner, 2002). The legal definition of a witch in this time, encompassed both females and males (Levack, 1987). This essay will explore the various fundamental reasons for this gender discrepancy and highlight particular cases of witchcraft allegations against both women and men. These reasons arise from several fundamental pieces of literature that depict the stereotypical witch as female. These works are misogynistic and display women as morally inferior to men and highly vulnerable to temptations
The IKEA distribution chain uses a business model that involves exclusive outsourcing for product manufacture. Due to this type of sourcing, the fact of the matter is that IKEA itself does not involve in manufacturing or production but instead relies exclusively on contractors. This means that they have only limited control of how such facilities operate and generate product. As a result of the above strategy, IKEA had recently come under fire through media and public awareness campaigns for employing
The argument put forward by John Coleman, in his article “Global Warming Greatest Scam in History!”, is flawed mainly due to numerous logical fallacies. “Ad Hominem”, “Guilt by Association”, “Red Herring”, “Appeal to Irrelevant Authority”, “Hasty Generalization”, and “Genetic Fallacy” are some of the logical fallacies that can be observed to prevail in Coleman’s argument. As a consequence, the soundness, validity, clarity, reasoning and consistency of the whole article are insubstantial. Coleman’s
V. Causes of Action A. Claims against Mondello a. Threat of Bodily Injury 5.01 Cleaver hereby adopts by reference the allegations contained in Section IV (“Facts”) hereinabove, and incorporates the allegations as if fully set forth at length herein. 5.02 Cleaver would show that Mondello intentionally threatened Cleaver with imminent bodily injury by brandishing a shovel and informing Cleaver he should leave. If Cleaver failed to comply Mondello threatened harm by specifically stating she would
society is regarded much higher than a normal person, and in some cases, they are seen as above the law. With the recent sexual misconduct allegations of celebrities like Louis C.K, Michael Oreskes, and Kevin Spacey a snowball effect has taken hold as alleged victims, both male and female, come out with sexual misconduct allegations by celebrities. These allegations are being taken seriously despite some of the attacks being years old. Since celebrities are held to a difference standard in American
forward to accuse both Weinstein and CK of sexual misconduct. These women’s allegations are valid due to the fact that both men have come forward and admitted they are guilty. However, we cannot always assume that sexual misconduct allegations are valid. “Critics argue that reports of rape should be treated with more caution, since men’s lives are so often ruined by women’s malicious lies” (Newman 1). In addition to allegations against Weinstein and CK, Ed Westwick has been accused by two women of rape
projects. No more than two year earlier, has their conflicts resulted in government shutdowns over the issues of Medicare, education, and the federal budget. So when Paula Corbin Jones attempted to take President Clinton to court over sexual allegations, the Republican Party was more than eager to decrease the President’s authority over presidential immunity and to lower his reputation with U.S. society. This political and social atmosphere would affect the legal outcome of the Supreme Court’s
Accounting fraud is one of the most serious problems facing the financial industry. It is considered one of the costliest types of fraud. Over the past years, new rules have taken place, but somehow people continue making fraud. In this research paper, I will analyze an accounting fraud case that happened in 2016 on Wells Fargo Bank. Investigators found that Wells Fargo employees started to open deposit and credit card accounts without consent from the customers. Employees would then transfer funds
facilities. The BJS completed the third annual national survey of administrative records in adult correctional facilities between January 1 and June 30, 2007 that provides an understanding of what officials know, based on the number of reported allegations, and the outcomes of follow-up investigations. The 2006 results were compared with those from 2004 and 2005 to assess trends in sexual violence for the first time since the Act was passed. In 2004 BJS developed uniform definition of sexual violence
sport is a very tight knit community where rumors and news spread quickly through the ranks. Such a scandal could rock the community and the sport could see parents pulling their sons and daughters out of the sport at an alarming rate should the allegations prove true. By conducting an internal investigation, the sport’s governing body could control the narrative and do damage control to reduce the impact on the
Mini-Lit Review: Crisis PR in the Hollywood Sexual Abuse Scandals The ongoing sexual harassment scandals that have been occurring in Hollywood has quickly unfolded into a chain reaction, with more accusations coming to light each day. Allegations against Harvey Weinstein, a famed movie producer and film studio executive, started these discussions, with social media users coining the situation “The Weinstein Effect”. Celebrities involved in the scandal all have different approaches to tackling
matter of months and denied motions to dismiss failed to even cite Iqbal, much less apply it. At least one case concluded, without any plausibility analysis, that because Safeco did not expressly require willfulness to be pleaded, a conclusory allegation of willfulness was sufficient. Similarly, another case largely avoided the issue by asserting that the question of willfulness is more appropriate for summary judgment. More common, however, are cases that cite Iqbal while depending on pre-Iqbal
This statement is in reference to the allegations filed by Katherine Newcomer. As Ms. Newcomer stated she is only the only LGBT employee that I supervise, but I have supervised or worked with other LGBT employees in the past here at the Department. In reference to Ms. Newcomer’s allegations from back in the Fall of 2011. Yes, Ms. Newcomer had allegations made against her by a fellow co-worker Brenda Torres. Ms. Torres met with Angie Kendall and me in regards to several incidents involving Ms.