Employment Legislation, Fall 16.2 Essay

Belton, R. (2004). Employment discrimination law: cases and materials on equality in the workplace. Thomson/West

Discrimination: what to do if it happens - is a step-by-step guide covering how an employee should raise a complaint of discrimination and how an employer should handle it.

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

Equality - is fair treatment and access opportunities for all regardless of differences like their ability, culture, race, gender, religion, sexual orientation, or any other group characteristic.

The United States Supreme Court, as well as federal district and state courts, defines employee rights and an employer’s liability for employment law violations. Treatment on the job, including hiring, firing, and promotions, must be based on qualifications and merit and not on race, gender, age, sexual preference or how one responds to sexual advances. Yet despite these laws and policies, many employees continue to suffer from workplace harassment and employment discrimination.

(-- removed HTML --) Criminal history (one time offense or ongoing pattern) (-- removed HTML --)

So in most cases such as theft, vandalism, and minor assault cases, if the case is finalised in court by conviction (typically by a defendant 's entering a plea of guilty to the offence or to a less serious offence), the defendant may receive a non incarceration sentence such as parole, community service or probation. From this narrowing of cases Daly et al. (2006) p 275 found from a large number experienced by victims to a trickle of defendants convicted and sanctioned has the appearance of a funnel and saves resources and space in prisons and other correctional facilities for the more serious defendants.

77% of the offenses leading to the first conviction and 79% of the offenses leading to a second

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 aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

Probation and parole are an important part of the criminal justice process, and both are

The immediate problem of concern is whether the claim has some truth. The complainant presented the HR manager with a group (black employees) that are protected by law, but are being disproportionately impacted. This constitutes the initial burden.

Everyone agrees that workplace discrimination has no place in the modern business world. But not everyone understands the laws that protect employees against discrimination. In this case, what you don’t know can hurt you, especially if an aggrieved employee files a discrimination claim.

Equality is ensuring people are treat with fairness no what their age, race or gender; treating people according to their individual needs. To protect the rights and promote the interests of clients and employees respect for individuality proving and promoting equal opportunities recognizing individuals needs of care and preferences. Supporting clients to take

Many people may have a lot of concerns of what may happen when they are charged for a crime and what may happen next if they are convicted. When people get arrested it is scary due to the fact of not knowing what may happen to you or what steps to take if you are convicted.