Judicial Politics and Behavior

Title VII Rights Act of 1964 forbids employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin (EEOC, 1997). This law applies to federal, state and local employers. The above conditions may not be used to refuse to hire or for terminating an individual or in other words discriminate against any individual (EEOC, 1997). In order to release an employee in any of the above categories the employer must have documentation based on quantity or quality of production and the employer can also make this decision based on results of a professionally developed ability test, which cannot be used to discriminate (EEOC, 1997). If an employee feels they have been let go for an unjust reason they can file a formal

On the other hand, the success of the company is in large part due to the hard work of the staff who would lose their employment. In addition, it must be determined who would perform the work of the dismissed employees and if the company would be able to function without them. Moreover, the morale and productivity

The United States Federal system of government has 3 branches that each have different functions when it comes to governing the people within the country. The Legislative, Judicial and Executive branches of government are all powerful, just at different times and in different situations. Checks and Balances were created and implemented so that each branch cannot have too much power.

In the United States, almost every employee is to protected under federal employment and anti-discrimination laws. These laws make it unlawful to discriminate against a variety of groups that have historically been subjugated to unfair treatment. The major federal anti-discrimination law is Title VII of the Civil Rights Act of 1964. This law prevents discrimination on the basis of race/color, sex, religion, or national origin. It also prohibits retaliation against an employee for asserting their rights under the law and applies to all term and conditions of employment, including hiring, firing, promotion, compensation, and assignment decisions. Additionally, the equal pay act mandates that men and women must receive the same pay if they perform the same work. The Age Discrimination in Employment Act prohibits discrimination against those who are 40 years or older. For individuals with a disability, the Americans with Disabilities Act protects them from discrimination and also provides additional requirements, such as reasonable accommodations. In addition to these federal laws, state laws vary greatly in terms of accommodations in the workplace and the protection they provide to employees. These laws may vary greatly from state to state and many extend similar protections to groups that are not covered by federal laws. These rules place significant regulations on how employers can make decisions on hiring and other terms of employment but many factors affect this complex

The legal issues in the case of Elaine X v. Jerry Employer involve exceptions to the “At Will Employer” doctrine and various types of discrimination and their role in the termination of the plaintiff. There are several questions that

A dismissal is fair or unfair depending on: the employers' reason for it and how they act during the dismissal process.

Terry Halbert and Elaine Ingulli describe the employment-at-will doctrine by stating that employers have the broad discretion to fire employees “for a good reason, a bad reason, or no reason at all.” Employment-at-will is a legal rule that developed in the nineteenth century, giving employer’s unfettered power to “dismiss their employees at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong.” In some states, courts have set limits by means of contract law. There are two main approaches: 1) to imply a promise of “good faith and fair dealing” in the contract of employment, or 2) to imply contractual terms (not to dismiss except for good cause, for instance) from an employer’s

There are laws on the books in the United States as well as the state of Texas protecting employees against discrimination. These laws prohibit discrimination based on race, color, religion, sex, national origin, pregnancy status, age, and disability.

Ordinarily, the Department contacts an employer and the former employee to get information about the reasons the individual quit or was laid off from work. In the case of a discharge, the employer has the burden to demonstrate substantially that the termination of employment is a misconduct established by individual states laws. In the case of a quit, the individual must show that he/she had good reason for quitting a job. For UI purposes, school employee claims have specific

During this week, we began to discuss the first chapter of the employment law textbook. The US employment laws are a mix of federal, state, and local laws that regulates how employers can conduct business in regard to employees. One of the topics discussed was employment at will. While employment at will first appears like an employer can fire or an employee can quit at any time, employment laws cover some instance where an employer could face a lawsuit. These instances include nondiscrimination based on protected classes, freedom to collectively bargain, protection of fundamental rights, and a few other instances. This is why companies are still cautious when hiring and firing employees. They typically document issues and incidents

Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.

1. Getting fired is disruptive. I didn’t expect to get fired when I did. By getting fired several times early in my career, I learned that the panic and shock I felt when my manager said “You’re fired” would soon dissipate. I learned that getting fired is not a big deal.

There are federal laws that apply to many situations that take place at work that are enforced by the U.S. Equal Employment Opportunity Commission. These situations vary from hiring and firing, to benefits and promotions. The laws in place make it illegal to discriminate against any person as a job applicant to an employee due to a person’s race, color, sex, origin, religion, age, or disability. This means that the decision regarding employment must be made with the basis of job requirements and qualifications of the worker. When those decisions are made on the basis of featuring characteristics, it is considered discrimination.

I do not believe that politics plays a role in a Judge’s decision if that Judge is from the lower courts. When you start looking at the judges of higher courts it does play a role in their decision, a small roll, but a role none the less. We have collected data on thousands of sitting state and federal judges in the United States for nearly twenty years using controlled experiments. We present judges with a single hypothetical case so that large numbers of judges respond to the same situation. We have collected this data for other purposes, but we commonly ask judges participating in our research to identify their political orientation. This methodology enables us to examine how judges with different political affiliations evaluate the same case. Because most of our studies involve trial judges rather than appellate judges, we also

7 This is one of the applications that can be lodged when being unfairly dismissed. There are many things that can be cover by Unlawful Termination, which include, race, sex, age, physical or mental disability, family or carer’s responsibilities, pregnancy and religion.6 The Unfair dismissal legislation, workers compensation laws, anti- discrimination laws, or disability discrimination laws cover these employees. 7