StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Final Examination Employment Law - Research Paper Example

Cite this document
Summary
Final Examination Employment Law INTRODUCTION OR CASE OVERVIEW The case is about Kayte Clark who was a victim of discrimination in a particular workplace. She was a Vice President of the company “Danskin Inc.”. Observably, Ms. Clark is legally blind owing to her eye disease, which was identified when she was thirty…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.5% of users find it useful
Final Examination Employment Law
Read Text Preview

Extract of sample "Final Examination Employment Law"

Download file to see previous pages

In recent times, the business had determined to go “public” and became qualified for selling stocks and debentures on the S & P exchange. However, with this new move, the company gained the attention of the local labor union representatives, who further decided to interact with the employees of the company. In this regard, they seek permission from Ms. Clark for their interaction with the employees, which they are not required to do so as they possess legal authority for performing the same.

Owing to their professional approach, Ms. Clark permits the union representatives to enter the premises of the company for which she had to face criticism and threat of termination from the top level management of the company. This instance was followed by an offer from the management, which depicted a forceful retirement package with the exclusion of several normal retirement benefits. She did not response to the offer of the management, which eventually resulted in her termination. THESIS STATEMENT In context to the aforementioned case, this research paper will identify and explain the law that will be applicable to assist Ms.

Clark to deal with the misconduct of the company made towards her. A few of the law that will be considered in this paper will include EIRSA (Title VII), the NLRB and Tort law of the United States among others. Accordingly, a conclusion will be made about the position of Ms. Clark in the entire scenario. DISCUSSION From the above analysis, it is quite apparent that Ms Clark had certain issues with her disability in Danskin Inc. However, the approach of the company made towards her with regard to promotion and decision of contacting the union representatives can be countered as per the EIRSA (Title VII), the NLRB and state Torts law in order to reach an ultimate conclusion on her rights and stands in the entire scenario.

The Employee Retirement Income Security Act (ERISA) is a federal law of the United States, enacted in the year 1974 with the intention of protecting the rights of pension plan standards of the employees in the workplace. Contextually, title VII of the Act deals with the aspect of employee discrimination in the workplace on the basis of sex, race, age and other related factor. However, in the case, Ms Clark was restrained from the post of Senior Vice president in the organization due to the reason that she was legally blind and deemed not fit to face the challenges along with the responsibilities involved in that particular designation.

Contextually, it can be stated that the approach of company could not be countered or questioned in this regard as its conduct was not discriminatory as per title VII of the ERISA. However, as per the Age Discrimination Employment Act (ADEA), employers should not discriminate the employees on grounds of their age and deprive them from gaining employment opportunities. Accordingly, the approach of the company in terms of not promoting Ms. Clark also has the association of her age factor as a reason.

Furthermore, in this similar regard, Ms. Clark can also counter the approach made by the company towards her on the basis of the Americans with Disability Act (ADA) 1990, which states that employers will have the responsibility to treat all the employees on the basis of their competency and not their disability. In this case, Ms. Clark’s promotion was solely restrained on the basis of her legal blindness (Auburn University, “

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Final Examination Employment Law Research Paper”, n.d.)
Final Examination Employment Law Research Paper. Retrieved from https://studentshare.org/law/1494239-final-examination-employment-law
(Final Examination Employment Law Research Paper)
Final Examination Employment Law Research Paper. https://studentshare.org/law/1494239-final-examination-employment-law.
“Final Examination Employment Law Research Paper”, n.d. https://studentshare.org/law/1494239-final-examination-employment-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Final Examination Employment Law

The process of flagging

The law School Admissions Council will then notify the expected recipients of the student's scores of the nature of special consideration that the student has requested for and whether it has been granted or not.... It has been the subject of extensive research methodologies that have revealed that results obtained on the law School Admissions Test (LSAT) from nonstandard testing conditions cannot be compared to those obtained from standardized testing conditions....
29 Pages (7250 words) Term Paper

Employment Law: Employment Discrimination

4 Therefore, among other things as discussed earlier in this same paragraph is that Anne also has the right to due process as a part of her employment law rights.... Thus the substantive law regarding fair reason for dismissal has been met.... Due process requires the fulfillment not only of the requisites of the substantive law but also that the proper procedure be followed in disciplining erring employees.... he law requires that the employee be given a minimum notice period to allow the employee time to seek other employment....
9 Pages (2250 words) Case Study

Employment Law in the UK

In addition to the case law the codes of practice are also important in Modern employment legislation, which do not have a directly binding legal effect.... Its objectives are elimination of discrimination in employment; giving guidance in respect of the steps employers have to take to ensure that their employees do not act contrary to the SDA and to promote equality of opportunity between men and women in employment. Since, the European law prevails over the domestic law, the domestic courts and tribunals have to apply relevant principles of the European law, which in this context refers to the EC Treaty and directives2....
11 Pages (2750 words) Case Study

Unemployment UK

The UK National Rate of Unemployment (NRU) has stayed logically steady through time and that the intermediate-run sways in unemployment owe, instead, to very long-drawn-out after-effects of unrelenting (momentary but ongoing) shocks.... The precedent UK labor market shocks have… Many of the significant shocks that have knocked the UK labor market more than the past 25 years have been continual and the perseverance of the alarms is The main swings in joblessness over the past years are due principally to progresses in the fundamental experiential natural rate of unemployment....
20 Pages (5000 words) Essay

Ethics, Disability, and Age Discrimination

The American Disabilities Act defines disabilities as “affecting a major life activity,” The areas of coverage are: vision, mental, motor skills, the ability to care for one's self, and to commute to employment.... In the court case Perez vs.... Pavex Corporation, the Prima Facie was established to determine if the plaintiff had been ethically discriminated against....
8 Pages (2000 words) Essay

Employment Discrimination

… This two contradicting views created a case that required the use of Title 7 of the Civil Rights Act of 1964 to solve in a court of law.... This two contradicting views created a case that required the use of Title 7 of the Civil Rights Act of 1964 to solve in a court of law.... employment discrimination This article is an analytical discussion of a case of a lady who was sacked after suffering from a medical condition that according to her employer made her unable to deliver her services effectively....
2 Pages (500 words) Essay

Australian Business Law

The paper "Australian Business law" states that Mechanic College of TAFE is an educational institution considered to producing human resources to satisfy the demands of manpower and hence it is a party to the Australian Business law and has to abide by the rules and regulations laid under the law.... hellip; Mechanical College of TAFE faces a serious challenge from both, Right Pay employment Agency Pty Ltd and Uni – Garage....
6 Pages (1500 words) Coursework

Common Law of the Contract of Employment

The case under discussion has all the hallmarks of a contract law dispute.... The paper "Common law of the Contract of Employment" demonstrates the reasons why the defendant's motion on the case should be overruled.... However, the law that binds the contract gives it its life and vitality to guide relationships and covenants.... The plaintiff fulfilled all these obligations yet the defendant proceeded to terminate her services to the law school in spite of the fact that the reason for termination was not of the plaintiff's making....
2 Pages (500 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us