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The U.S. Equal Employment Opportunity Commission, referred to hereafter as EEOC was established in 1965 and was given the authority to investigate claims, against employers, arising under Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). EEOC investigates discrimination claims against employers based on race, sex, color, religion, national origin, age, disability, as well as sexual harassment, and retaliation. If someone feels they have been wronged or discriminated against based on any of the above criteria, they have the right to file an EEOC claim (also known as charge); charges can be filed either in person, or by mail. Before a lawsuit can be filed, the statutes require that the employee file a charge of discrimination with the EEOC first. This paper will discuss the process and the time frames of filing a complaint, as well as provide information on the civil litigation process from the State to the Supreme Court levels. The claims process begins with issuance of the initial charge of discrimination against an employer, which must be filed within 180 days of the incident. If EEOC determines, after reviewing the complaint, that unlawful discrimination did actually transpire, it will then assign an investigator to the case. The employer will then be notified within 10 days, and is given the opportunity to respond or appeal the charges and explain actions and the recourse they took in regards to the charges. After the investigation is complete, EEOC then makes a determination on the merits of the charge. If it is determined that the charges were unfounded then a "Dismissal and Notice of Rights" letter will be sent to the charging party (a copy of this letter is also sent to the employer). This then gives...
pages: 5 (words: 1207)
comments: 0
added: 01/09/2012
Employment discrimination is a violation that is more common in the workplace than many other types of issues. Because of the seriousness of this type of violation there have been many steps taken to insure that the individuals who are the recipients of this kind of action can seek legal restitution. First, it is important that the guidelines are clear and that employees understand what types of protection the law provides against discrimination. Second, it is important for employees to know how they go about filing charges if there has been a discrimination law violation. There are several laws that govern the guidelines against discrimination in the workplace. The following are some of these: 1. Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. 2. The Equal Pay Act of 1963 (EPA), protects men and women who do basically the same type of job and work in the same company from sex-based wage discrimination. 3. The Age Discrimination in Employment Act of 1967 (ADEA), protects employees who are 40 years of age or older. 4. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), prohibits discrimination against qualified individuals with disabilities in the private sector as well as in state and local government offices. 5. Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination of qualified individuals with disabilities in the federal government. 6. The Civil Rights Act of 1991 provides monetary damages in cases of intentional employment discrimination as well as other discrimination issues (http://www.eeoc.gov). If an individual believes that he or she has been discriminated against on the basis Race, color, religion, sex, or national origin when applying for a job or in an existing job, they are encouraged to...
pages: 4 (words: 952)
comments: 0
added: 01/16/2012
Introduction It was exactly 35 years ago in 1967 that a minor clash between a police force and a group of armed peasants took place in an obscure corner of West Bengal. But it unleashed a force of events, which escalated over the years into a political movement that derived its name from that area and brought about far-reaching changes in India's socio-cultural scene. Today it evokes a variety of strong emotions ranging from admiration to denunciation, cutting across the political lines of the established parties. The movement itself is also hard pressed by new challenges and endemic splits. Yet, we cannot deny that even after three decades of its tortuous and self-divisive and often self- destructive odyssey, the movement that started in Naxalbari and now known as Naxalite movement, still remains a force to reckon with. What is peculiar to the Naxalite Movement is not its physical occupation of and administrative control over land, but its abiding appeal among the dispossessed and underprivileged rural poor in certain parts of the country. The movement asserted the demands of the poor and landless peasantry in a way that shook the then atrophied Indian political scene. It sensitized the rest of our society to their desperate efforts to escape the intolerable conditions of economic oppression and social humiliation. Ideology Ideology is a set of ideas that form the basis of an economic or political theory or a particular group or person who holds them. Every movement has its own ideology. To know the ideology of the Naxalite movement we will have to study the nature of the movement first. Naxalism arose from certain basic factors-social injustice, economic inequality and the failure of the system to redress the grievances of large sections of people who suffered and continue to suffer. Here the idea is to create a...
pages: 4 (words: 1047)
comments: 0
added: 02/05/2012
On November 10, 2001 the world ultimately granted China membership into coveted trade organization, the WTO. Not since Deng Xiaoping's economic reforms of 1978 has China made such a giant leap toward the creation of a market economy. The World Trade Organization (WTO) finally opened its door on Saturday to China, the world's most populous ?C and one of the most robust ?C economy, sending a positive signal to the world economy loitering on the brink of a full-blown recession?(Xinhua, Financial Times) With the completion this fifteen year negotiation, China will now be forced to abide by international trade regulations so as to completely open its doors with ten years. WTO membership will provide countless economic benefits to China's burgeoning economy but the initial adjust period will certainly cause massive unemployment and possible political unrest. With economists projecting that if current growth rates continue the Chinese economy will surpass Japan, China is on the brink of dominating the Asian economy. Although there are many circumstances that may derail this progress, the Chinese now have the tools necessary to develop the powerhouse economists have been citing for the past decade. China's entry into the WTO was particularly slow (fifteen years of negotiating) for a variety of disparities; from trade barriers to individual market reforms. During negotiations the American delegation was particularly stringent on removing China's tariff and non-tariff barriers to trade. For instance, so as to protect China's infant car industry, the government established a one hundred percent import duty on all foreign automobiles. Non-tariff barriers such as quotas and licensing also made business difficult for foreign companies. To purchase foreign appliances Chinese citizens were often forced to purchase a license to have the unit installed. These anti-competitive devices needed to be abolished so as to comply with the spirit of fair competition...
pages: 7 (words: 1804)
comments: 3
added: 03/16/2011
No matter what point in time, whether it be the first days of man's existence or the present day, conflict and dispute has always existed between fellow man. Throughout time, improvements have been made in the methods of settling their disputes. Medieval Icelandic society exemplifies some of the various methods that have been used to settle conflicts through its unique legal system. Depending on the situation and those involved, the settlements ranged from savage blood feuds to ordered sentences of compensation or outlawry by members of an ordered assembly called The Althing. There are many examples of these conflicts incorporated into the three Viking sagas: The Tale of Thorstein Staff-Struck, The Saga of Hrafnkel Frey's Godi, and The Saga of the People of Laxardal. Surprisingly, medieval Iceland contained a well-organized legal system. This was comprised of a decentralized self-government including free farmers with positions of chieftains, thingmen, and their slaves. Early Iceland was divided into several districts, each containing three chieftains. The Althing, a general assembly that was held every year, contained people of every district and every position and discussed various cases, their settlements, laws, legal codes, etc. Disputes that were settled legally followed certain guidelines and rules that were determined at The Althing. A previously and well prepared case was presented in front of the general assembly, composed of chieftains and thingmen, by an individual chosen to defend the accused and one to prosecute the accused. Basically, each side had to give reasons and provide witnesses to convince the jury to punish or request compensation from the accused, or to dismiss the entire case. The court then made a ruling and decided a sentence or amount of compensation. In Hrafnkel, Sam presents a case against Hrafnkel in front of The Althing to avenge his cousin Einar's killing. Sam presents his...
pages: 6 (words: 1650)
comments: 0
added: 01/19/2012
"After reading Twelve Angry Men we feel confident in the American legal system." Do you agree with this statement? In your response discuss how the playwright positions us to think about the jury system. Reginald Rose's cynical examination of the legal system in Twelve Angry Men by no means leaves the audience with any feelings of confidence in its procedures. Regardless of whether each member of the educated audience (such as befits the medium) has his/her's own opinions of the judicial system of democratic countries, the playwright moulds a seemingly uncomplicated situation through the dramatic elements of dialogue and language, set and character to entice a response shattering any preconceived faith in the judgement of right and wrong. Rose's use of setting serves a dual purpose of practicality and symbolism in developing his theme of the ambiguity inherent in America's legal system. The static environment of a jury room simplifies the presentation of the material but most importantly limits the focus of the play to the characters and their relationship to the assumptions we have in achieving justice. Not only are assumptions questioned but also our values. The "drab, bare room" with few comforts (only old props), to the jurors even during hot days reveals how little value is placed in the role and power of the juror. This in itself decreases the value of the legal system. The power of the system, symbolises by the jury room, is subject to human value. All the power of the judicial system culminates in the hands of twelve ordinary people, who we can only trust to be fair and serious. It is through the dialogue and language that the composer attempts to evoke a negative response. The fast paced conversational language of the jurors, interspersed with light banter, highlights naiveté of the jurors. Rose then...
pages: 2 (words: 440)
comments: 0
added: 01/17/2012
Aristophanes is a comedy writer, whose surviving plays are dated from 425-388 BCE. The Wasps is his 4th surviving play, which is a satirical comedy, attacking the Athenian jury system and law courts. As a playwright at this time Aristophanes would have been a Greek citizen with high status and good education, but with a lot of money to be able to stage these plays. Aristophanes would have been writing, aiming specifically at his audience. Although anyone in Athens could come to see the plays they would all know about the law system, and the contemporary issues and events. However, many people today watch, and read, Aristophanes' plays, including The Wasps and still enjoy them. These people realise it was written for a different culture of people, yet they still understand and enjoy he plays, and find humour in them. Aristophanes is a satirical writer. The Encarta World Dictionary defines this as "the use of wit, especially irony, sarcasm, and ridicule, to attack the vices and follies of humankind." In the Wasps Aristophanes is attacking the jury system of Athens, but he also includes jokes directed at contemporary figures and events. These jokes would have no meaning to anyone unfamiliar with the time the play was written. An example of this is in Xanthias' dream, he sees an eagle turn into Cleonymus and drop a snake which turned into a shield. This is a reference to the rumours about Cleonymus, and the fact that he dropped his shield in battle, to run away in cowardice. Anyone who didn't know this story wouldn't know why Sosias broke into his tale saying, "Don't tell me - the snake turned into a shield and he dropped it!" Yet, once again, modern audiences can guess that this is a reference to Cleonymus being a known coward. Although the jokes would not have the instant affect they would on the first audience, modern people would understand the jokes. The Wasps is a political satire,...
pages: 4 (words: 888)
comments: 32
added: 02/04/2012
{D} EVALUATE THE EFFECTIVENESS OF THE LEGAL SYSTEM IN ACHIEVING EQUALITY FOR WOMEN IN SOCIETY. As I have already stated, women have come a long way in the fight for equality. With numerous legislation, only some of which I have mentioned above, the legal system of today has been effective in striving to achieve equality for women. Although women and men are still not posed as wholly equal, the role of women over time has most definitely changed. Consider this statement: "The role of women in society has not changed, particularly in the domain of the family. Women are still unequal, under the thumb of men, with the sole burden of child rearing and housekeeping. The legal system has failed to make substantial changes in correcting these inequalities." I wholeheartedly disagree. The role of women in society has indeed changed drastically. Women have gone from being considered as stupid, housebound, child rearing objects for their relevant man to own, to in some instances holding high positions in a traditionally male dominated work environment and having the choice to marry and/or have children. With the advancement of trade unions and lobby groups, anti-discrimination acts, affirmative action in the workplace and equal access to education to say the least, the legal system has obviously addressed the problem of inequality between sexes. Women have come from having very little rights at all, to having the same access to morality as men. Some men would argue that women are not under the thumb of men, in fact in some relationships the situation is on the contrary, and the woman is the dominant force. The above statement declares that a woman still carries the sole burden of child-rearing and housekeeping. In most modern homes, the workload is usually shared between husband and wife when the matter of housework arises. With the occurrence of maternity and paternity leave granted by most workplaces in our society, the so-called 'burden' of child-rearing is shared between parents,...
pages: 5 (words: 1133)
comments: 1
added: 12/08/2011
There are plenty of reasons why to withhold the information from the public, but the challenge of a progressive authority should whenever possible to act with a transparency and honesty. The main reason to withhold information is the fear from criticism and attack. While a vague political statement might leaves everybody satisfied a lucid plan would always cause disagreement and debate. Another reason could be to cover mistakes and corruption: he who does not know does not bother. And finally there is the fear from commitment, if you are a local chief and you show a plan to reduce the crime rate in 30% within a year. If you wont follow the plan you would lose your credibility. Although all the above is true a modern authority shared the information with the public. A progressive society would not be satisfied with vague information on one hand and would demand debating and take part in the decision process. To create a confident relation with the public a honesty is required. The dialogue between the authority and the public through the media would finally create better decision that would be accept with greater alacrity than a decision taking without debate. The challenge is to create a system that support sharing information to their advantage. Finally I would like to add that the challenge is also for the media and the legal system. The media should disclose the array of ideas in an objective manner and avoid from being a stage for demagogy. The legal system should be efficient to avoid long delay in the execution process. Is the public ready? Are the media and the legal system ready? I believe that at the end they would. --...
pages: 2 (words: 285)
comments: 1
added: 01/27/2012
The insanity defence was bought into action in 1843 to protect those suffering from a mental illness/disease at the time of committing a crime, however society's growing indignant attitude towards these offenders is both destructive and detrimental to the reputation of the Queensland Legal System. The insanity defence is misconstrued by the general public, and viewed as a weak argument-an easy way to get "off" criminal charges, this is not so. Section 27 of the Queensland Criminal Code 1899 (see appendix) clearly states that an offender is not criminally responsible for his/her acts if at the time they were lacking capacity to understand due to mental illness. Although how is the contrary proven? Without specific guidelines stating what is/isn't a mental illness, without psychological and legal forces joining together to create a comprehensive addition to the current code, the insanity defence remains a grey area for all involved. Therefore the lack of uniformity leaves it open for exploitation and misuse, this view often represented by the media and thus by the general public, who in turn sit on the jury and decide the fate of mentally ill offenders. The Queensland Legal System needs to standardise S26/27 of the criminal code act regarding what is and isn't a mental illness and should consequently be covered by the code, before any more damage is done to the reputation of this very important and necessary contention. Is the insanity defence being abused in the Queensland Legal System? The insanity defence was first utilized R v M'Naughten (1843, England). Daniel M'Naughten suffered paranoia and believe the Prime Minister at the time was part of a plot to persecute and kill him. M'Naughten then killed the Prime Ministers secretary, believing it to be him, and pleaded insanity at the trial. At the trial it was said, "he...
pages: 7 (words: 1895)
comments: 0
added: 01/04/2012
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