Employment Law Paper Age discrimination is an employment problem that is becoming more evident as economic conditions weaken. Employers who think they can eliminate older workers from their workforce and save costs of retirement programs, and higher salaries have been enlightened otherwise by the growing number of lawsuits that have been won over age discrimination. In 1994, Lockheed Martin agreed to a 13 million dollar settlement and to rehire about 246 employees who claimed age discrimination. In 1996, a Boston jury awarded $3.5 million to a former Airborne Express executive who was fired, despite documented outstanding performance. A 1998 survey conducted by the Society of Human Resource Management and the AARP found that one in five companies surveyed had been hit with age discrimination claims between 1993 and 1998. Between 1988 and 1995, individuals claiming age discrimination were awarded an average of $219,000 each according to Jury Verdict Research. (Internet article Age Discrimination: Overview of the Law). This paper will examine the Age Discrimination Employment Act, as well as explore a selection of age discrimination cases and provide recommendations for a potential employer on how to avoid an age discrimination suit. Try custom essay writing services at WriteMyPapers.org! Congress instated the Age Discrimination in Employment Act in 1967 to help encourage Employment of those over 40 years of age based on their ability rather than their age. The acts statutory basis is as follows: Statutory basis: Age discrimination in Employment act: Sec. 4 (a) It shall be unlawful for an employer – (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privilege of employment, because of such individual's age. (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment...
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Music censorship has been a major problem plaguing America for over fifty years. In 1957, Elvis Pressley was only allowed to be filmed from the waist up on the Ed Sullivan show (Nuzum 1). Plenty of controversy has taken places between then and now, but more recently it has become much more prominent in the media, and people and organizations are beginning to actually take a stand. For example, Island Records (owned by Disney) dropped the Insane Clown Posse just after their release of The Great Milenko and MTV actually refused to play Madonna's video for Justify My Love because it was considered too sexually explicit (Nuzum 1). Music content is just one of the many issues that puts the First Amendment of our Constitution to work. On one hand people believe that lyrics should be censored so that people can be protected. And on the other hand, people believe that the First Amendment protects everyone's rights to free speech. Basically, it is a matter of whether lyrical censorship be accepted. Many people say yes, that there should be censorship because lyrics from songs are telling our youth it is acceptable to participate in illegal actions such as murder, rape or drugs. These people believe that the lyrics actually drive people to become social deviants. In one case, the parents of John McCullom sued Ozzy Osbourne, because his song "Suicide Solution", "aided, advised and encouraged" McCullom's suicide (Nuzum 1). C. Delores Tucker, chair of National Political Congress of Black Women, said, "No one and no industry should be allowed to continue the social and psychological poisoning of the young minds of this nation that occurs with the music industry" (91). This belief of musical content being "poison" is prominent all over America. During the 1970's, record burning was a popular way to speak...
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Is music an art form? When answering this question take into consideration Bach, Vivaldi and Bocelli, all artists who were allowed to express themselves without being censored. Censoring today's artists and their music hurts them in many ways; it limits their expression and also hurts their record sales. There are many parental and religious groups who fell that censoring music is necessary to protect today's youth. The music displays foul language and expresses pro views on sex, drugs and gangs. People as a way to present the way they feel or to relay a message to large amounts of people have always used music. In this day and age it is harder for musicians to propagate their messages to the masses because once it is played on the radio a "dead noise" is dubbed over any offensive or suggestive words. In doing this, the listener is misguided as to what they are listening to, and in some cases prompts them to find out what was really said. In any instant the censorship is not stopping the listener from uncovering the phrase that has been covered. Parents are less likely to buy their children a CD that has a warning sticker on the front stating that the CD has explicit content. This would clearly hurt record sales and would discourage the artist from making the same type of music. Selling records in very important in the music business and if artist's records do not sell because of the content then is it really the artist's fault? Or should the parents have a more proactive role in helping their children make the right decisions? I fell that a parent should not limit their child to things like listening to music instead they should help their child in understanding the music and letting the child...
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Popular music today has been greatly enhanced by modern technology and is much different from say the music fifty years ago. From my own experience I have discovered that pop music is highly popular among young teenagers or old children whereas I have found that punk rock or heavy metal is usually the older teenagers choice. But of coarse there are exceptions to my beliefs. When we talk about charts we must understand that now-days there are an infinite number of charts around and we must not get one chart mixed up with another, but to add to the confusion also each chart could be based on a different theme like for example one chart could be based on how many albums have been sold while another on how many votes. The point I'm trying to express is that not all charts can be trusted because they could be based on a completely biased category like for example the most colourful hair or the most singers. As well as this though some charts can not be entirely full-proof for example on a voting based chart you might have to vote on a website but this is a problem for people without a computer meaning not one hundred percent of the population vote. Personally I have no particular individual favourite band, I like a range of bands but I only like two styles of music, which are: punk rock and heavy metal. From the bands I like each one usually produces one or two songs that predominantly stand out to me. Some examples would be "Crawling" by Linkin Park, "Adam's Song" by Blink 182 and "The Kids Aren't All right" by Offspring. These songs were so excellent in my opinion that I utilised the Internet in order to download each of them. The...
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Classical music is known as a serious kind of music whereas Contemporary music is known as “popular”, “folk”, or “light” kind of music. Classical music is music, which ‘must be written down, or at least performable away from its original composer.’ and must also ‘maintain its ability to communicate and entertain listeners over decades, and even centuries.’ (David Hurwitz, 2003, Internet resource) Comparing it with Contemporary music, it is found that Contemporary music is often recorded or written down vaguely as long as the major pattern can be recognized. Contemporary music is often played by other musicians where improvisation or rubato occurred most of the time, but Classical music are never improvised. According to Jan Vièar, classical music is also known as: ‘serious music, independent music, composed (as opposed to improvised) music.’ (Prague: Academia, 1981, Music and its terminological system) These are the similarities of the two kinds of music. First of all, similar instruments which can be used for both kinds of music are piano, harpsichord, wood wind, brass, string, guitar, vocal and orchestral. It is found that a composer usually composed his or her masterpiece after experiencing certain memorable moment. There was also music that was composed with dedications to their love ones. I grouped these as personal goals as their objectives. Both Classical and Contemporary music are sometimes composed with objective of personal goals. I found great difference than similarities between Classical and Contemporary music. Classical music is originated somewhere since 1600 and it has gone through a total of 5 periods: The Renaissance, Baroque, Classical, Romantic and Contemporary periods whereas earliest records of Contemporary music were found after the existence of Classical music. (Author unknown, Internet article) It is clearly understood that Classical music is categorized by its period. It can also be categorized by the composer’s name...
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Question one is about the different ways of listening to music. This is a reading debate essay of the three. Whilst you should make arguments, it is necessary that you quote from readings and back them up because you can’t get enough simply from looking at particular uses of music in the contemporary scene. They should be there to reinforce and illustrate your marshalling of other peoples’ arguments. It doesn’t mean that you’ve got no voice. Your voice in this type of essay first of all is from the way that you use the arguments, certainly which bits you tend to cite or lean on from the texts and also what points you are trying to make by using them. We are looking for a reasonable depth of reading on it and looking for an academic quality of balanced argument. I don’t think when you have done the reading that it is actually viable or valid to come up with a very strong argument down one side of this. There are strong cases, as one would expect really for a mix of these three factors. I would tend to adopt a set approach to each of the three propositions. In what way can you demonstrate that the music itself affects how listeners listen to it without any knowledge of the artists or anything? I think it is certainly possible to argue that that is only a hypothetical premise anyway because if for example anyone puts on Method Man, people laugh and are clearly going to respond in the contextual way – it is not just music with different musical values, it carries cultural coding and values. Now whether you call that the music itself or whether you call that part of its cultural trappings is down to your line of argument....
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Desmond Aster, the proprietor of Sleet and Trumpet Real Estate wants to use Sydney Harbour Hotel’s conference centre for a series of seminars he is running for his staff. Valerie Ewer, an employee of Sleet and Trumpet contacts Sydney Harbour Hotel and makes a phone booking for a conference room at $500 for the 1st October 2002. The hotel manager makes the booking and adds he will be sending a booking slip to the estate agency which must be signed and returned with $200 as a holding deposit. The slip is never signed but a delayed payment of $200 is eventually made (before 1st October 2002). At 5.00 am on the 1st October 2002, an electrical fault causes a fire. The conference room is damaged and cannot be used. Desmond arrives at 10.00 am and is informed of the fire, he threatens to sue and Sydney Harbour Hotel requests that Desmond pay the remaining $300 they say is due under contract. An offer was made by Sydney Harbour Hotel for a conference room at $500 for the 1st October 2002 at 10.00 am to Sleet Trumpet Real Estate. Acceptance and agreement of the terms was made by Sleet and Trumpet Real Estate when Desmond sent the $200 to Sydney Harbour Hotel. So we must ask ourselves, is Desmond liable for the remaining $300 owed to Sydney Harbour Hotel? And is Sydney Harbour Hotel liable for refunding Desmond’s initial payment of $200? If after the formation of the contract an unforeseen event occurs which affects the performance of the contract, “the contract is automatically terminated if the effect on performance is substantial, provided neither party was at fault”. By frustration, parties are discharged from the obligation to perform, “or to be ready and willing to perform, their contractual duties”. The Frustrated Contracts Act 1979 (NSW) s7 states “that a promise...
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The Ruritania case unveils the making of, not one, but a few very important laws which are linked by one common thread: same sex couples within an ever-changing society. The first premise is that since each decision in law (custom, jurisprudence and edict) affects the next law, timing is the key to dissecting whether or not there were failures to make the law. Additionally, legal acceptance of same-sex couples is a very volatile topic, which has brought about a plethora of public opinion and endured many changes. Examining this case in a chronological manner will help yield the most accurate interpretation of the laws at hand. The modus operendi used in analysis has led to the conclusion that there may have been a failure to make law. However, this is embedded within a framework where many laws adhered to the principles and rules of law making. It is important to briefly outline what was done correctly in order to have a basis of comparison to decide what may have been done wrong. The 1982 constitutional legislation including the guarantee of equality rights touches on matters of discrimination, which according to Joseph Raz should be institutionalized by general rules. This eliminates flexibility of the law and serves as a durable base, which limits the unpredictability of particular orders. This also ensures stability in the law because general laws reduce the impact of ever changing mores within society. The equality guarantee in Ruritania is very clear and does, in fact, cater towards the same sex component of this case. It states a few specific categories by which discrimination is most commonly and frequently observed. However, it is understood that the law is not solely restricted to these particular orders because of the stable and general statement preceding these specific examples. To quote “Every...
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Abstract The process of change is becoming an ever-increasing reality within organisations throughout the world. ‘Today there is more change to contend with than ever before. The volume, momentum and complexity of change is accelerating at an ever increasing rate. (Conner. 2002 p38). Transformation outsourcing involves a form of change on a immense scale throughout an entire organization replacing old systems with almost entirely new systems. This kind of change brings potentially great benefits to all organizations involved but it also carries great risks. The first section of this report endeavours to identify the risks associated with such a large scale change in general terms, but also with respect to the specifics considered in the title of this report. The second section concerns itself with the means of mitigating those risks and making preparations to help avoid them. It also considers both the general aspects of change and those specific to the title of this report. Finally the conclusion consists of a concise summary of the main points identified throughout the report. Contents 1. Introduction 2. Identification of risks 2.1 General risks associated with change 2.2 Risks specific to this project 3. Preparation and mitigation of those risks 3.1 Managing risks common to the change process 3.2 Mitigation and preparation for specific risks associated with this project 4. Conclusion 5. Bibliography 1. Introduction Appreciating the scale of change implemented in transformation outsourcing goes some way to understanding the risks and payback involved with such a change. There are many risks which can be considered common to the change process in any organisation routing from the resistance to the change progression itself. But there are also risks which need to be considered which are specific to the circumstances of the case concerning this report. 2. Identification of risks 2.1 General risks associated with change The general risks involved which are connected with change are essentially the same...
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In the early eighties the personal computer became a pivotal part of the technology world. The only problem was that a language was needed for the user to interact with the computer. This is where Steve Jobs, founder of Apple, and Bill Gates, founder of Microsoft, stepped in. Steve Jobs created the Macintosh operating system. Bill Gates designed the de-facto of personal computing, Microsoft Windows. I feel that Microsoft Windows is better than the Macintosh OS because Windows is more widely used, also software and hardware is more accessible than the Macintosh OS. Windows dominates the personal computing world. Whenever you purchase a personal computer today it comes standard with some edition of the Microsoft Windows operating system. There is a version of Windows that will satisfy anybody's computing needs. Windows operating systems range from home or small office use to maintaining large companies such as Microsoft. The newest version of Windows is Windows XP. Windows XP comes standard on over thirteen million computers. Windows XP is popular for its newest innovations in networking and user compatibility. Windows has become very popular with internet browsers. "93.88 percent of web users view via a Windows-based machine" (www.archives.hwg.org). With how the world is beginning to be run from the net Windows will be the gateway to running the world. On the other hand there are a small handful of Macintosh OS supporters. The Macintosh OS is popular for its ease of use and graphics capabilities. Many art and graphic institutes use the Macintosh OS. This is just a small number compared to the number of Windows users. Macintosh prides itself in their ease of use operating system. "In the early days many of the tasks that Macintosh users take for granted were a chore for Widows users" (www.viewz.com). Even with Macintosh's ease of use...
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