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The Legal and Civil Litigation Process for Discrimination, 2007.
An analysis of the legal and civil litigation process for discrimination complaints.
1,094 words (approx. 4.4 pages), 2 sources, MLA, £ 26.95
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Abstract
This paper explains the discrimination complaint and civil litigation process. The paper furthermore details how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court. The paper details and discusses each level of complaint.
Table of Contents:
Abstract
The Discrimination Complaint
Progression of Employment Discrimination Complaints
The Civil Litigation Process
Conclusion
From the Paper
"The single most important U.S. legislation affecting employment law is Title VII of the Civil Rights Act of 1964 (Bennett-Alexander et al, 2003 p.1). The Equal Employment Opportunity Commission (EEOC) is the lead government agency for processing complaints associated with employment discrimination. This paper describes the process for filing a discrimination complaint and the civil litigation process."
"Under Title VII, an employer can not discriminate on the basis of religion, gender, race, color or national origin. Discrimination, as described in Title VII prohibits employers, labor and management committees and unions from discriminatory practices affecting the hiring, firing, discipline, training, classification, compensation and benefits of individuals."
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Pre-Civil War Discrimination, 2008.
A look at the discrimination against Catholics and freed African-Americans pre- Civil War.
1,393 words (approx. 5.6 pages), 4 sources, APA, £ 32.95
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Abstract
This paper examines how, in the years prior to the American Civil War, the general absence in the US of federal regulations and laws pertaining to discrimination against immigrants made it possible for entire groups to be subjected to extreme prejudice and bigotry, both of which were based upon xenophobia. In particular, the paper discuses how, out of all the various ethnic/religious groups which experienced discrimination in America, Roman Catholics and in particular the Irish (most of whom were Catholic) were among the first Europeans to be subjected to prejudice and ill treatment and to face a myriad of problems related to civil and religious rights in pre-Civil War America. It compares the Catholics to the then freed ex-slaves and the prejudices they experienced.
From the Paper
"Overall, the prejudice and discrimination directed toward the Irish and the Roman Catholic faith had much to do with Irish Catholics, fleeing the horrendous years of the Potato Famine in Ireland in the early 1840's, bringing with them to America "a celibate clergy which struck native-born Americans as extremely strange, thus reawakening old religious hatreds and prejudices" against the Irish. However, in some ways, the Irish when it comes to discrimination were worse off than freed ex-slaves, often referred to as freedman, who "knew their place in white American society" and did not attempt to change the status quo by rioting, protesting or by forming organizations in favor of Irish workers and laborers (Donnelly, 2003, p. 162)."
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Legal Process Paper, 2004.
This paper describes the process of taking a discrimination law suit through the EEOC.
904 words (approx. 3.6 pages), 6 sources, APA, £ 21.95
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Abstract
This paper describes the process of taking a discrimination law suit through the Equal Employment Opportunity Commission (E.E.O.C.), civil litigation at the state and federal levels and to the Supreme Court.
From the Paper
"A discrimination complaint should first be filed with the Equal Employment Opportunity Commission (E.E.O.C.) and the employer notified that a complaint has been filed. The E.E.O.C. may handle the complaint in several different ways. A charge may be assigned for priority investigation if it appears the law has been violated, the E.E.O.C. can settle the charge at any point if the employer and employee wish to do so, the E.E.O.C. may select the charge for their mediation program to handle, the E.E.O.C. may dismiss ..."
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Legal Process, 2006.
This paper describes the legal steps an employee can take against his employer.
900 words (approx. 3.6 pages), 2 sources, £ 24.95
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Abstract
The paper examines the process which a person has to go through to file a discrimination complaint. The paper discusses the civil litigation process and the process that the Equal Employment opportunity Commission takes to file a complaint of behalf of a victim of employment discrimination. The paper includes as well as the alternatives to filing a lawsuit.
From the Paper
"John, a private sector employee, wants to file a discrimination complaint against his employer. There are certain steps which John should take to file this action. Furthermore, the legal process which the complaint must travel through before an outcome is reached is often complex. Throughout this paper, I will explain the filing of an employment discrimination complaint as well as the civil litigation process from the state to the US Supreme Court level. Numerous employment discrimination complaints are filed each year. In a 1995 article put out by the United States General Accounting Office it states that "in fiscal year 1994, the Equal Employment Opportunity Commission (EEOC) received over 90,000 discrimination complaints from employees, almost twice the number filed in 1981 and 10 times the number in 1966" (United States, 1995)."
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Exploring the Process of Legal Precedent, 2002.
Charts court cases from the local court to the U.S. Supreme Court.
900 words (approx. 3.6 pages), 2 sources, £ 24.95
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Abstract
Investigating the transformation of a claims process is a crucial element of the legal system: Charting the process of a claim filed through the Equal Employment Opportunity Commission (EEOC) and its journey through the civil litigations proceedings helps to illustrate the various stages from the state level to the Supreme Court helps to clarify the nature of litigation and the criteria through which specific forms of litigation must be justified. This paper demonstrates the significance of this process through defining the stages through which a civil liberties claim must be processed in order to reach the Supreme Court.
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Habeas Corpus - Civil Liberty or Civil Right, 2008.
An analysis of civil liberties and civil rights and which of them applies to habeas corpus.
3,137 words (approx. 12.5 pages), 15 sources, APA, £ 63.95
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Abstract
This paper explores the origins and history of habeas corpus, from its roots that predate the Magna Carta through to the present day, where it is being employed to the benefit of hundreds that wrongly languish in prison. The paper also explains the distinction between civil right and civil liberty and discusses which applies to habeas corpus. Lastly, the paper looks at the historic ups and downs of habeas corpus and discusses its unique place in the Constitution, separate from provisions contained in the Bill of Rights.
From the Paper
"Rights and liberties need to be at their strongest when public support is at its weakest. Civil rights are decreed by law, civil liberties are God given, and the actions of legislatures are inevitably governed by the politics of the time. Habeas corpus is a civil liberty included among the "self evident truths" of the Declaration of Independence, and alone one of the civil liberties that can be suspended by acts of the government during times of crisis. The president judged by history as one of the best, sought to suspend these liberties in time of extreme crisis in the nation's young history. It was circumvented to increase support during a world war, to intern "dangerous" citizens during another, and to grant due process rights to perpetrators of the war for the new millennium. It is now freeing hundred of wrongly convicted people of a crime. The future of habeas corpus is uncertain in the short term, but solid in the future as all inalienable rights bestowed upon the common man by his creator."
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Discrimination On Campus: The U.S. Code, Universities and Civil Rights, 1995.
Examines the protections against discrimination available to both public and private university employees. Title VII, Title IX, the Equal Pay Act, and the Civil Rights Acts of 1870, 1871 and 1991 are discussed.
2,025 words (approx. 8.1 pages), 2 sources, £ 49.95
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From the Paper
"Discrimination takes place in all walks of life and in all sorts of workplace situations, and laws have been passed to deal with many of these and the issues they raise. Colleges and universities face the problem of discrimination, and faculty members may be subject to various forms of discrimination, whether racially or gender-based, Thus, these institutions have sought protection with laws and regulations governing how faculty is hired, when it can be fired, how it is promoted, and how it can be protected from discrimination from superiors. The situation may differ between public institutions and private ones, but laws have been passed to address the issue of discrimination for both types of college and university.
The primary legal basis for anti-discrimination efforts in employment is Title VII of the Civil Rights Act of 1964, and ..."
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Discrimination Law: Women and their Legal Rights, 2005.
An analysis into the legal make-up of women and their rights in today's equality driven society.
3,293 words (approx. 13.2 pages), 15 sources, MLA, £ 65.95
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Abstract
This paper provides a study into the different areas of discrimination law affecting inequality amongst women. It considers whether equality really exists and what still needs to be done to ensure women are more accurately represented in today's society.
From the Paper
"Anti-discrimination legislation has been enacted in an attempt to eradicate the prevalent inequalities within the world of work. The law has developed two separate and distinct routes with respect to equality. One route expounds the equal treatment of men and women, a concept key to the liberal feminists; and the other is a specific rights based route which relates directly to pregnancy cases, which will be discussed further below. This latter is what the maternal feminists of the early nineteenth century would have chosen; that the law should accommodate the differences between men and women, with particular reference to women as mothers. The claim is that where women deviate from the male norm, the law should acknowledge this."
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Post-Civil War Midwest Discrimination, 2003.
Traces the history of racial injustice in the American Midwest after the Civil War.
968 words (approx. 3.9 pages), 1 source, MLA, £ 23.95
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Abstract
This paper examines how Union and Confederate official systematically abused and denied the rights of the recently emancipated slaves in the American Midwest in the post-Civil War period. The paper illustrates this era by citing particular family histories.
From the Paper
"In the grand and complex tapestry that is the historical record of the Civil War, a uniquely significant moral and military conflict in the formation of the character and soul of the United States, it is impossible to draw a solid line between good and evil. Even though the Union would, in time, avow a willingness to ?die to make men free? , it was not immune from acts of racially motivated cruelty. In an evocative example, Major General Samuel Curtis? letter of 13 March 1864 relates the poignant tale of a black father severely beaten by the Missouri militia while en route to recover his children. Through the selection of this short yet powerful primary document, the editors of Families and Freedom demonstrate how the well-intentioned nature of Northern officers and the profound family ties of newly-freed blacks were simply unable to overcome the deep-seated Southern racism that would once again subjugate African-Americans under the legal yoke of Jim Crow."
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Legal Naturalism vs. Legal Positivism, 2002.
A comparison of laws understood to come about naturally or through some form of positive creation.
2,630 words (approx. 10.5 pages), 2 sources, MLA, £ 54.95
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Abstract
This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper
"A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
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Labor Market Discrimination, 2002.
This paper discusses various types of discrimination in the labor market, especially discrimination against women.
2,810 words (approx. 11.2 pages), 11 sources, MLA, £ 57.95
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Abstract
This paper defines discrimination as an insidious factor, which prevents one or more individuals from getting the same treatment, remuneration, and opportunities that others who belong to the same category, with the same qualifications, the same abilities and capabilities get from a business enterprise, whether private or government-owned. The author points out that, in corporate discussions, men have a tendency to interrupt women and to decide on the agenda more than women interrupt men or decide on discussion topics; women?s interruptions are seen as violations of norms of subservient behavior; whereas, men?s interruptions are encouraged. The paper relates that gender discrimination is illegal according to the Title VII of the Civil Rights Act of 1964, as amended, which covers employers with 15 or more full-time or part-time employers and prohibits discrimination in hiring, firing and other conditions of employment on the basis of race, color, religion, sex or national origin.
Table of Contents
Introduction: Types of Discrimination in the Labor Market
Wage Discrimination
Occupational Discrimination
Human Capital Discrimination
Case Study: Discrimination Cases Against Wal-Mart
Gender Discrimination - Definition
How Gender Bias Influences the Wages of Women
Wage Disparity
Illegality of Pay Discrimination
Economic Disparities by Gender, Race, and Ethnicity
Women?s Working Conditions
Glass Ceiling
Sexual harassment
Impact of Gender Discrimination ? Gender and Production Possibilities
Solutions:
Government Acts ? Civil Rights Acts Affirmative Action
Conclusion
From the Paper
"Wal-Mart, the biggest supermarket in the United States has had its fair share of lawsuits involving racial discrimination, sexual harassment, age discrimination and other employment problems. The costliest is a class suit, which, if won by the accusers, could result in Wal-Mart paying hundreds of millions of dollars in damages to some 700,000 women workers. The women hope to be able to ?shatter the largest glass ceiling, at Wal-Mart,? dismantle procedures and practices and allow women workers better options at work."
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Discrimination in the Workplace, 2006.
This in-depth paper analyzes the issue of discrimination in the workplace, while supplying a comprehensive evaluation to key issues relevant to this topic.
3,067 words (approx. 12.3 pages), 7 sources, MLA, £ 61.95
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Abstract
The writer of this well-researched paper contends and explains why discrimination in the workforce is a growing problem that has affected thousands of organizations, large and small operating in today's global marketplace. This paper defines discrimination in the workplace as any type of behavior, action, belief, value or attitude that impacts another individual in a negative manner, that is based on one's racial identity, gender, sex, disability status, age or some other personal factor. This paper cites the many laws and acts that have been enacted to protect individuals from various forms discrimination. The most basic law that protects employees from discrimination on the job is Title VII of the Civil Rights Act of 1964, which prohibits job discrimination on the basis of race, skin color, age, gender, religious belief or national origin. The paper also details the impact of affirmative action in the workplace. Depending on the organization, affirmative action is necessary in an environment where one population or subgroup of people has been continually underrepresented or disadvantaged. This paper analyzes the impact these laws have on human resource departments. Human resource departments have an obligation under the law to inform all employees of their legal rights relating to discrimination in the workplace.
Table of Contents:
Introduction
Discrimination
Discrimination Laws
Affirmative Action in the Workplace
Human Resources and Discrimination
Conclusions/Recommendations
References
From the Paper
"Affirmative action may be necessary in an employment environment where one population or subgroup of people has been continually underrepresented or disadvantaged. It truly depends on the organization. It can be a means of protecting certain classes or groups of people and ensuring that everyone in the workplace is afforded the same access to employment and the same employment opportunities. It is not designed to be a form of reverse discrimination. There is adequate evidence suggesting that discrimination still exists in the workplace. Until discrimination is completely abolished and is no longer an issue, a need for affirmative action programs and other programs geared toward eliminating inequities continues."
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Discrimination in the Modern Workplace, 2001.
This paper takes a look at the issue of discrimination of employees in a workplace. It defines what discrimination is and examines different forms of discrimination.
1,400 words (approx. 5.6 pages), 7 sources, MLA, £ 32.95
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Abstract
The writer of this paper addresses this sensitive issue which has come to light more due to the globalization of many companies. The paper examines different forms of discrimination such as race, sex, national origin, religion, age and disability. It also looks at manners in which one can be discriminated against.
From the Paper
"With the 21st century workplace ahead of us and a country full of diversity surrounding us, the changing ethnic, racial, age, and gender composition of the workforce will become more evident in the years to come. This modern workplace will bring in a group of diverse employees to accompany tighter labor markets and changing worker demographics. These changes in the modern workplace will have important implications for employers across the country. ?High skills and knowledge are important to American firms competing in a global economy.? (Dresser, 1996) As always, the best measure of a employee or potential employee is skills and knowledge. But we all know that it doesn?t always work that way. And, while the U.S. workforce as a whole has a higher educational level than ever, some problems evolving in the modern workplace are clear; discrimination is part of the problem. All the greater knowledge and skills level the United States is welcoming is coming to employers in all new packages."
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Employment Discrimination, 2004.
This paper defines ?employment discrimination? and identifies the sections of the society most likely to become its victims.
1,305 words (approx. 5.2 pages), 4 sources, APA, £ 30.95
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Abstract
This paper explains that the most important legislation in connection with employment discrimination is Title VII of the Civil Rights Act of 1964, which clearly states that employers cannot discriminate of sex, color, or race. The author points out that, as long as a person is able and willing to work, he or she cannot be discriminated against, provided their skills match the job for which they have applied. The paper reviews six rules, which should be part of every employment evaluation process: consistency, bias suppression, accuracy, correctability, representativeness, and ethicality.
Table of Contents
Definition: Employment Discrimination
Discrimination on the Basis of Sex
Discrimination on the Basis of Race
Age Discrimination
Discrimination on the Basis of Disability
Rules of Evaluation
From the Paper
"Discrimination on the basis of race is a very old issue and concern. Organizations today try their best to minimize risks of discrimination, on the basis of racial background, but the problem still exists and it plagues our organizational culture in the United States. Racial discrimination is obvious and thus can be easily detected; almost 78 percent of working Americans believe that their employers discriminate on the basis of race. One of my very close friends became victim of reverse discrimination when she was denied a job she deserved on the basis of company?s fixed quota for minorities. While Debra is extremely bright and quite a diligent worker, she was denied an entry level job at JC Penny and instead a black woman, slightly older than herself, got that job simply because the company had a policy of hiring as many black employees in a year as whites."
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