Four Examples Of Laws Or Regulations That Affect Fire Service Managers And Their Employees

Respondent Union Pacific Railroad Company ("Union Pacific"), submits this position statement in response to the discrimination charge filed by, Terry Scharfe ("Complainant"). The Complainant claims that Union Pacific discriminated against in retaliation for a prior complaint of harassment and on the basis of disability when he was discharged from his position as a Special Agent with the Union Pacific Police Department.

In the Fire service following instructions is of utmost importance. Not only is your life at risk if you fail to follow instructions, but you are also putting your fellow firefighters lives at risk.  However, not all instructions given are life threatening but,  are there to keep order and uniformity. The fire service is a paramilitary career meaning that it has a very strict standard on how things are done.  When you are given a specific instructions, it is important to truly understand what your task is. This includes everything from your job at a structure fire to knowing what your morning chore will be. This is in order to properly due your job and, to ensure that no repeats of that same task are done. Going back to the point of you fellow

The plaintiff in Ard v. East Jefferson General Hospital, stated on 20 May, she had rang the nurses station to inform the nursing staff that her husband was experiencing symptoms of nausea, pain, and shortness of breathe. After ringing the call button for several times her spouse received his medication. Mrs. Ard noticed that her husband continued to have difficulty breathing and ringing from side to side, the patient spouse rang the nursing station for approximately an hour and twenty-five minutes until the defendant (Ms. Florscheim) enter the room and initiated a code blue, which Mr. Ard didn’t recover. The expert witness testified that the defendant failed to provide the standard of care concerning the decease and should have read the physician’s progress notes stating patient is high risk upon assessment and observation. The defendant testified she checked on the patient but no documentation was noted. The defendant expert witness disagrees with breech of duty, which upon cross-examination the expert witness agrees with the breech of duty. The district judge, upon judgment, the defendant failed to provide the standard of care (Pozgar, 2012, p. 215-216) and award the plaintiff for damages from $50,000 to $150,000 (Pozgar, 2012, p. 242).

Inherently the fire service operates in high-risk environments to facilitate the role of preserving life safety and property conservation. How these incidents are managed and safeguarded by our administration

An employee bringing a suit must meet the McDonnell-Douglas Test. which came from the McDonnell Douglas Corp. v. Green case and in this case Keene met the requirements. First, an employee must belong to a protected class, in this case Keene was older than 40 years. Second, she also met the qualifications of job. Third, the employee must be rejected or suffer from another adverse job action. Keene was terminated from her job. Last, but not the least, the employer seeks another person with similar qualifications or treats the employee differently. The 61 year old employee was replaced with a 24 year old employee. Also, under the Age Discrimination of Employment Act, Dillard’s has over 40 employees and it cannot fire an employee based on age. While the plaintiff established prima facie, the defendant failed to provide a successful defense or preponderance of evidence (Meiners, Ringleb, & Edwards, 2014, p. 444). It is illegal to make employment decisions based on age.

The case study of Crowe v. Provost, 374 S. W. 2d. 645 (Tenn. 1963), was a highly-anticipated court case for the 1960’s. The following list pertaining to the example of what went wrong and by whom. The first patient appointment opens a file with the patient’s basic information and any allergies including medication(s). This would typically be done with the receptionist. If this was not the doctor’s first time seeing this patient, then the physician should have checked the chart to see if there were any allergies to anything including medication, such as, Penicillin and Cosa-Terrabon. Referring to the Crowe vs. Provost, the child was then rushed back into the doctor’s office with worsening symptoms, the nurse should have listened to the mother. The nurse, could have instructed the mother to take the worsening child to the nearest Emergency Department. The nurse advising the doctor, “That she thought the child was about the same as when the physician saw him earlier in the day” (Flight, M., 2011, page 5-6) was not a good idea. The doctor could have been brought in for an examination of the ailing patient. The receptionist returning from her lunch should not have been a signal for the nurse to leave for any reason with the patient getting worse. Again, the patient and mother should have been instructed to go to the nearest emergency room. The receptionist should not have been left alone with an ailing patient. Mistakenly, the receptionist calling the doctor first and

In 2006 the officer and firefighters tried to fight legally against being wrongfully fired. The 2nd U.S. Circuit Court of Appeals upheld its ruling after a lower level court ruled they should not have been let

The case, Dunlap v. Tennessee Valley Authority, explores the issue of suspected racial discrimination associated with disparate treatment and disparate impact caused by the Tennessee Valley Authority (TVA) against a qualified, experienced boilermaker and foreman that is African American. Questions for the court to evaluate regarding this case include: Is this a case of disparate treatment and/or impact and was the plaintiff, David Dunlap, subject to racial discrimination? Finally, did the TVA use personal hiring practices that allowed for racial bias in the interviewing process?

On June 29, 2009, the last day of the United States Supreme Court’s 2008–09 term, the Court rendered the much anticipated decision in Ricci v. DeStefano, 129 S. Ct. 2658, 174 L. Ed. 2d 490 (2009). Ricci was quickly dubbed the “white firefighter’s case” by many, however, the case involved much more than the firefighters’ asserted right to a promotion.

Before the passage of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (ADEA), the only substantive protection from discrimination for United States citizens was the 14th Amendment, which states, “equal protection of the laws.” Seminal cases under this law include, Brown v. Board of Education, and more recently, Bush v. Gore (Cornell University Law School, 2016). Despite the 14th Amendment, discrimination based on race, sex, and age went uncontested as it was often difficult to prove and no specific protections existed. Hence, as part of the Civil Rights Act, the creation of the Equal Employment Opportunity Commission (EEOC) allowed federal law to establish protected classes (The U.S. National Archives and Records Administration, 2016). As a person who falls under the protected class of age, this paper focuses on age discrimination and the potential ethical issues for employers involving this protected class. While most employers respect and follow employment laws, age discrimination is more common than many realize and can be devastating for the individual and financially problematic for the employer.

NAACP vs. North Hudson Regional Fire and Rescue (3rd circuit. 2011) is a case about recruitment and disparate impact. The facts of this case are as follows: The NAACP took the North Hudson Regional Fire and Rescue team to court to establish a prima facie case of disparate impact discrimination against African Americans. The NAACP argued that the residency requirement was creating a disparate impact on African American applicants. As is common practice in New Jersey eligibility for civil service members in North Hudson include only candidates in one of the five member municipalities when they took the written exam. The North Hudson Battalion or Deputy Chief verify the candidates residency at the time of hire but once hired the new hire may move

A negative result of all of this was attention drawn to race. It is very hard for me to have an opinion about race because I am a white male, however in my opinion the more attention that is drawn to race the more of an issue there will always be regarding race. In my opinion, the affirmative action has raised the awareness level of race for the City of New Haven, CT, as well as many other fire departments across the country. White people as well as minorities are affected by racial decisions. There will always be someone who does something or says something regarding inequality. Is it on purpose, probably not, but it will happen. In this case, doing what the city thought was best of the minorities back fired on

This commission helped usher in much needed changes on the labor side, which after a few years developed into the New York State Department of Labor (aflcio.org, 2017). The fire also helped fire departments not only in New York City, but all over the Nation at that time, make changes to how they operate. The National Fire Protection Association (NFPA), which was founded in eighteen ninety-six, declared at its annual meeting right after the fire, to all departments nation-wide, how important fire-drills were to life safety (Teague & Farr, 2009). A few years later the NFPA formed the Committee on Safety to Life to help with fire codes, regulations and departments. Several years after its development, they adopted revised specifications to fire escapes, and worked on specific regulations to exits to buildings and the Building Exit Codes (Teague & Farr, 2009). All of their work helped bring items like fire drills, egress from buildings, sprinklers, fire escapes, and other building code changes. Fire Departments all over the Nation were also helped and their eagerness to improve and update their equipment to meet the needs of a changing, and more industrialized and upward-bound Nation took full effect. Improved safety nets, ladders and equipment to reach taller buildings, more water access points and better personal safety equipment were all a result of the Triangle Shirtwaist Factory Fire and the efforts of the

While dangerous work like firefighting often requires decisive and quick action against one of nature’s most destructive elements, do the inherent risks of firefighting justify risky decision-making by officials? In this dangerous and often daring line of work, when is the line between protecting the public and protecting public employees crossed – and who is responsible when that line is crossed?

There is also the matter of comments made to David from his supervisor regarding Jason’s future with the company and a comment directly related to David’s age which will be difficult to defend under the circumstances surrounding recent publicity with Wal-Mart and Lockheed Martin. These comments are blunt violations of the EEOC’s enforcement of age discrimination in the workplace and will provide further evidence that age was a considering factor in Jason’s promotion.