Friday, May 22, 2020

Discrimination Complaint and Civil Litigation Process.

This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts. John works for a private sector business and want to†¦show more content†¦After a charge is rejected, both parties will receive a notice stating this. This is allowing the charging employee a 90 day time limit, to decide if they which to file a lawsuit against the employer (www.eeoc.gov, 2003). The charging employee has the right to pursue their grievance in civil litigation, but only after finishing the whole administrative procedure through the Equal Employment Opportunity Commission office. The processes of the civil litigation lawsuit are familiar to the prior claim processes that the charging employee experienced with the Equal Employment Opportunity Commission. Nonetheless, there are a few steps that are different. With civil litigation, counseling of the charging employee is not needed. The employer or the defendant will be given a copy of the complaint as well as the summons of the lawsuit pending. These documents are distributed to the employer by a representative from the Sheriffs division. A ruling can be delivered a judge if the company neglects to send a reply to the complaint and summons. The progression moves forward with discovery when the company or defendant responds. The discovery stage is when both parties have to reveal documents or facts pertaining to the grievance (www.uscourts.gov, 2005). At this point, the judge will try to resolve the complaint with the attorneys, in the pre-trial meeting. This could avoid a lengthy trial. If a settlement cannot be reached between bothShow MoreRelatedEmployment Law: Legal Process for a Discrimination Complaint1424 Words   |  6 PagesEmployment Law: Legal Process for a Discrimination Complaint The purpose of this assignment is two-fold: (1) analyze a scenario in which an employee wishes to file a discrimination complaint against his/her private sector organization and (2) explain the civil litigation process for such a claim. Litigation refers to the process by which cases are brought and prosecuted in the court system (Legal Advice for Free, 2005a). In the case of a discrimination suit, the civil litigation process begins with filingRead MoreEssay on Employment Law1310 Words   |  6 Pagesaddress employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act o f 1964 (42 U.S.CRead MoreThe Perspective Of A Human Resource Manager964 Words   |  4 Pages2014 â€Å"had 88,778 charges of workplace discrimination† (EEOC, 2015). In contrast, the comparatively low number of cases publicized is a testament to the efficiency of the EEOC’s processes. The EEOC is not out to get employers, but was â€Å"Established to administer and enforce the Civil Rights Act at work† (Dessler, 2015, p. 28). The EEOC’s processes are well defined, fair and offer various options and opportunities that can lead to resolution rather than litigation. They are an impartial body, just asRead MoreOverview of Equal Employment Opportunity Commission1006 Words   |  4 Pagesemployees are protected against any form of discrimination. This text concerns itself with a typical discrimination complaint and the civil litigation process the same would follow. In so doing, the paper will amongst other things also highlight the Equal Employment Opport unity Commission (EEOC) process. Discussion It is important to note from the onset that the U.S. Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination (EEOC, 2012). Thus employees who areRead MoreLegal Implications Of Todays School Climate Are Real1730 Words   |  7 PagesLegal implications in today’s school climate are real. Regardless of proactive training methods, the necessity of having a legal confidant at the disposal central administration office cannot be denied. From employment discrimination laws, Americans with Disabilities Act, Title IX, and a slew of individual student issues, having a retained law firm available to the superintendent and related staff is a necessary practice. Andrew Manna represents a variety of school districts around IndianapolisRead MoreLegal, Safety, and Regulatory Requirements Paper775 Words   |  4 Pageslegal responsibility to uphold a workplace free of such harms. With the falling trend of the EEO, and the records of complaints t hat are reported in the years; businesses should not ignore the issue of sexual harassment in the workplace. In addition, putting proper guidelines and, measures in place does help. Orientation and incessant sporadic training are the best ways to avert litigation problems from happening. The article that Sarah read also points out that embracing a sexual harassment policyRead MoreTexas Labor Code Anti Discrimination Provisions1467 Words   |  6 PagesTexas Labor Code Anti-Discrimination Provisions Texas has its own laws for employment discrimination but employers who abide by the federal statute will be safe under the Texas state law as well. The reason for this is that the Texas Labor Code Anti-Discrimination Provisions are parallel with the Federal Discrimination guidelines. However, there is a trend throughout cities and counties within America that allow these local municipalities to have their own ordinances. In Texas, local government canRead MoreEeoc Presentation788 Words   |  4 Pageswas established shortly after the passage of the Civil Rights Acts of 1964 by the US federal agency empowered by Congress. The EEOC is to enforce the laws prohibiting discrimination in the workplace. The EEOC was giving the right to oversee the practices of private and government employers to combat discrimination (What Is The Equal Employment Opportunity Commission (eeoc)?†, 2012). The EEOC wins cases based on sexual harassment, discrimination, racial profiling, and other employ ment cases dailyRead MoreCase Analysis : V The City Of Chicago Case No866 Words   |  4 Pagesaction litigations in the workplace. As told within the case, it allowed for a settlement agreement. There was a guilty verdict on charges of gender discrimination. The court pointed out on the inconsistency of the ruling in this case due to the relation to the constitutional necessities of the Title VII of the Equal Employment Act. The court placed a ban because of this result. All physical ability tests relating to the career of becoming a fire fighter would be no more based on the process of preRead MoreEssay about Civil Rights and Equal Employment Opportunity1121 Words   |  5 Pagesthe idea of discrimination, and the turmoil our country once faced in its efforts to end the intolerant treatment of our fellow Americans. Part of this is due to the massive strides our country has taken since the Civil Rights Act of 1964 took effect nearly 50 years ago. Our current President is of A frican American decent, we not only have women sitting on the U.S. Supreme Court, but minority Justices as well. Still, with the leaps and bounds we as a country have made, discrimination still exists

Thursday, May 7, 2020

The Happiest Refugee Essay - 817 Words

The development of acceptance is a process laid upon several significant factors, and by belonging in community settings, one may gain confidence and feel tolerated. Likewise, being alienated and ostracised because of racial and social insecurities can have a negative influence on how one may act, and thus outcasts are made to feel inferior as a result of the harmful manner in which they are treated. These concepts of inclusion and discrimination are explored through the contemporary memoir of Anh Do, which focuses on a refugee’s journey from Vietnam to Australia. The Happiest Refugee (2010) methodically displays an array of perspectives surrounding belonging and presents factors of both family and community allegiance. Families and their†¦show more content†¦This sample utilizes emotive language in the words ‘scarred and distorted’ as Anh is unsure of his feelings towards his father and is lacking self-confidence. The simile of ‘bubbling poison’ describing the pain and discomfort of crossing ‘that line’ demonstrates how torn Anh was between protecting his sense of self or protecting his family. This fractured self-belief leads to a dilemma of patriotism versus antagonism with the relationship between him and his father. The ruptured devotion of family traditions encountered by individuals creates different aspects of camaraderie and subsequently, The Happiest Refugee portrays various perspectives on the essence of belonging. An individual’s ability to vary their own judgement of others, and influence others viewpoint, can lead to a more tolerant and permissive community. The intrinsic nature of citizenry alliance is highly relatable to Anh Do’s experiences in The Happiest Refugee, revealed through the constant repetition of gratitude, along with vulnerability. Ideas of positivity and empathy are made apparent with the quote ‘What a great country! Almost every day we discovered something that made mum and dad shake their heads at how lucky we’d been†¦ What a great country!’ as the repetition of the words ‘What a great country’ demonstrates the highShow MoreRelatedHappiest Refugee Essay781 Words   |  4 PagesBelonging in Anh Do’s Happiest Refugee Belonging in society is challenging for specific groups of people and they can be demoralised by this greatly and that can have a huge effect on their working life or social life but after being accepted or being resilient, their life can become much better. In The Happiest Refugee Anh Do overcomes exclusion is various ways after he has fled from his own country to Australia. Sometimes Anh is affected by the ostracisation by some people in the new communityRead MoreEssay on The Happiest Refugee1202 Words   |  5 PagesAnh Do’s story is a timely reminder of the plight of refugee in our country. Discuss the Happiest Refugee in the light of Do’s universal message about the suffering of human beings during times of war and the struggle to make a better life in a foreign country. The Happiest Refugee is a memoir written by Anh Do which was first published on the 1st of August in 2010. It is regarded as one of the most influential and well-received novels in the world of literature for its great insight on the lifeRead MoreBelonging Essay1459 Words   |  6 PagesPeter Skrzynecki Belonging Essay Significant moments in time shape an understanding of belonging. Explore how this is evident in you prescribed text and at least ONE other related text of your own choosing. Belonging is defined as fitting in to a particular environment or having the right personal or social qualities to be a member of a particular group. Our belonging to or connections with people, places and groups allows one to develop a distinct identity characterised by affiliation, acceptanceRead MoreYin And Yang Complementary Rather Than Contrary1903 Words   |  8 PagesHappiness focused on the one side of a coin and another seemed still obscure for me. I found myself being ambivalent once again while working on the happiness profile. A straightforward friend of mine gave me an astounding advice: â€Å"If you need the happiest person, look for the stupidest one†. Although the answer was disappointing and humiliating, instead of opposing, I asked myself:† How can one maintain happiness when life is full of contradictions, failures, and ambiguity? Does a happy person JalagoniaRead MoreImmigration Is The International Movement Of Personnel Into A Destination Country1773 Words   |  8 Pagesthis is to the vision for Canada. Ordinarily, the book provides information on the economic benefits of immigrants and how positively they affect our society. By stating the common advantages that immigration can give Canada, will help me prove my essay topic. The issues should be a part of the city’s central agenda to maximize money and build better cities: socially, politically and economically. (Building Our Cities the Importance of Immigration, 2005.) As mentioned before, immigration contributes

Wednesday, May 6, 2020

Deception Point Page 15 Free Essays

Finally, Rachel spotted the hazy outline of land. But it was not what she had expected. Looming out of the ocean before the plane was an enormous snowcapped mountain range. We will write a custom essay sample on Deception Point Page 15 or any similar topic only for you Order Now â€Å"Mountains?† Rachel asked, confused. â€Å"There are mountains north of Greenland?† â€Å"Apparently,† the pilot said, sounding equally surprised. As the nose of the F-14 tipped downward, Rachel felt an eerie weightlessness. Through the ringing in her ears she could hear a repeated electronic ping in the cockpit. The pilot had apparently locked on to some kind of directional beacon and was following it in. As they passed below three thousand feet, Rachel stared out at the dramatic moonlit terrain beneath them. At the base of the mountains, an expansive, snowy plain swept wide. The plateau spread gracefully seaward about ten miles until it ended abruptly at a sheer cliff of solid ice that dropped vertically into the ocean. It was then that Rachel saw it. A sight like nothing she had ever seen anywhere on earth. At first she thought the moonlight must be playing tricks on her. She squinted down at the snowfields, unable to comprehend what she was looking at. The lower the plane descended, the clearer the image became. What in the name of God? The plateau beneath them was striped†¦ as if someone had painted the snow with three huge striations of silver paint. The glistening strips ran parallel to the coastal cliff. Not until the plane dropped past five hundred feet did the optical illusion reveal itself. The three silver stripes were deep troughs, each one over thirty yards wide. The troughs had filled with water and frozen into broad, silvery channels that stretched in parallel across the plateau. The white berms between them were mounded dikes of snow. As they dropped toward the plateau, the plane started bucking and bouncing in heavy turbulence. Rachel heard the landing gear engage with a heavy clunk, but she still saw no landing strip. As the pilot struggled to keep the plane under control, Rachel peered out and spotted two lines of blinking strobes straddling the outermost ice trough. She realized to her horror what the pilot was about to do. â€Å"We’re landing on ice?† she demanded. The pilot did not respond. He was concentrating on the buffeting wind. Rachel felt a drag in her gut as the craft decelerated and dropped toward the ice channel. High snow berms rose on either side of the aircraft, and Rachel held her breath, knowing the slightest miscalculation in the narrow channel would mean certain death. The wavering plane dropped lower between the berms, and the turbulence suddenly disappeared. Sheltered there from the wind, the plane touched down perfectly on the ice. The Tomcat’s rear thrusters roared, slowing the plane. Rachel exhaled. The jet taxied about a hundred yards farther and rolled to a stop at a red line spray-painted boldly across the ice. The view to the right was nothing but a wall of snow in the moonlight-the side of an ice berm. The view on the left was identical. Only through the windshield ahead of them did Rachel have any visibility†¦ an endless expanse of ice. She felt like she had landed on a dead planet. Aside from the line on the ice, there were no signs of life. Then Rachel heard it. In the distance, another engine was approaching. Higher pitched. The sound grew louder until a machine came into view. It was a large, multitreaded snow tractor churning toward them up the ice trough. Tall and spindly, it looked like a towering futuristic insect grinding toward them on voracious spinning feet. Mounted high on the chassis was an enclosed Plexiglas cabin with a rack of floodlights illuminating its way. The machine shuddered to a halt directly beside the F-14. The door on the Plexiglas cabin opened, and a figure climbed down a ladder onto the ice. He was bundled from head to foot in a puffy white jumpsuit that gave the impression he had been inflated. Mad Max meets the Pillsbury Dough Boy, Rachel thought, relieved at least to see this strange planet was inhabited. The man signaled for the F-14 pilot to pop the hatch. The pilot obeyed. When the cockpit opened, the gust of air that tore through Rachel’s body chilled her instantly to the core. Close the damn lid! â€Å"Ms. Sexton?† the figure called up to her. His accent was American. â€Å"On behalf of NASA, I welcome you.† Rachel was shivering. Thanks a million. â€Å"Please unhook your flight harness, leave your helmet in the craft, and deplane by using the fuselage toe-holds. Do you have any questions?† â€Å"Yes,† Rachel shouted back. â€Å"Where the hell am I?† 17 Marjorie Tench-senior adviser to the President-was a loping skeleton of a creature. Her gaunt six-foot frame resembled an Erector Set construction of joints and limbs. Overhanging her precarious body was a jaundiced face whose skin resembled a sheet of parchment paper punctured by two emotionless eyes. At fifty-one, she looked seventy. Tench was revered in Washington as a goddess in the political arena. She was said to possess analytical skills that bordered on the clairvoyant. Her decade running the State Department’s Bureau of Intelligence and Research had helped hone a lethally sharp, critical mind. Unfortunately, accompanying Tench’s political savvy came an icy temperament that few could endure for more than a few minutes. Marjorie Tench had been blessed with all the brains of a supercomputer-and the warmth of one, too. Nonetheless, President Zach Herney had little trouble tolerating the woman’s idiosyncrasies; her intellect and hard work were almost single-handedly responsible for putting Herney in office in the first place. â€Å"Marjorie,† the President said, standing to welcome her into the Oval Office. â€Å"What can I do for you?† He did not offer her a seat. The typical social graces did not apply to women like Marjorie Tench. If Tench wanted a seat, she would damn well take one. â€Å"I see you set the staff briefing for four o’clock this afternoon.† Her voice was raspy from cigarettes. â€Å"Excellent.† Tench paced a moment, and Herney sensed the intricate cogs of her mind turning over and over. He was grateful. Marjorie Tench was one of the select few on the President’s staff who was fully aware of the NASA discovery, and her political savvy was helping the President plan his strategy. â€Å"This CNN debate today at one o’clock,† Tench said, coughing. â€Å"Who are we sending to spar with Sexton?† Herney smiled. â€Å"A junior campaign spokesperson.† The political tactic of frustrating the â€Å"hunter† by never sending him any big game was as old as debates themselves. â€Å"I have a better idea,† Tench said, her barren eyes finding his. â€Å"Let me take the spot myself.† Zach Herney’s head shot up. â€Å"You?† What the hell is she thinking? â€Å"Marjorie, you don’t do media spots. Besides, it’s a midday cable show. If I send my senior adviser, what kind of message does that send? It makes us look like we’re panicking.† â€Å"Exactly.† Herney studied her. Whatever convoluted scheme Tench was hatching, there was no way in hell Herney would permit her to appear on CNN. Anyone who had ever laid eyes on Marjorie Tench knew there was a reason she worked behind the scenes. Tench was a frightful-looking woman-not the kind of face a President wanted delivering the White House message. â€Å"I am taking this CNN debate,† she repeated. This time she was not asking. â€Å"Marjorie,† the President maneuvered, feeling uneasy now, â€Å"Sexton’s campaign will obviously claim your presence on CNN is proof the White House is running scared. Sending out our big guns early makes us look desperate.† The woman gave a quiet nod and lit a cigarette. â€Å"The more desperate we look, the better.† How to cite Deception Point Page 15, Essay examples