Affirmative Action

Affirmative Action "Affirmative action" means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. When those steps involve preferential selection -- selection on the basis of race, gender, or ethnicity -- affirmative action generates intense controversy. The development, defense, and contestation of preferential affirmative action has proceeded in two streams. One has been legal and administrative, as courts, legislatures, and executive departments of government have applied laws and rules requiring affirmative action. The other has been public debate, where the practice of preferential treatment has spawned a vast literature, pro and con. Often enough, the two streams have failed to make adequate contact, with the public quarrels not always very securely anchored in any existing legal basis or practice. The ebb and flow of public controversy over affirmative action can be pictured as two spikes on a line, the first spike representing a period of passionate debate that began around 1972 and tapered off after 1980, and the second indicating a resurgence of debate in the 1990s. The first spike encompassed controversy about gender and racial preferences alike. This is because in the beginning, affirmative action was as much about the factory, firehouse, and

  • Word count: 9641
  • Level: University Degree
  • Subject: Law
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Limited Liability

INTRODUCTION "The limited liability corporation is the greatest single invention of modern times"- Columbia University President, Nicholas Murray Butler.1 Limited Liability is vital in every incorporated company. Since 1844, incorporation by registration was introduced.2 With incorporation, comes separate legal personality and limited liability is just one of its consequences. Section 15(4) of the Companies Act 2006 effectively gives the company its separate personality as long as the requirements under the Act regarding registration and incorporation had been satisfied. However, it cannot be denied that even until today, there are many efforts in analysing the legal responses to limited liability and how the courts would act in the future. The courts have to start asking themselves how well have it been in disregarding or avoiding the consequences of, separate personality, when justice requires it to do so? CONSEQUENCES OF LEGAL PERSONALITY AND LIMITED LIABILITY In 1987, English court gave judgment to Salomon v A Salomon and Co Ltd,3 which then became the most important authority when defining separate personality. The House of Lords had also effected the doctrine of limited liability as a result of this case.4 Salomon v Salomon5 Mr. Salomon was originally a sole proprietor, who later sold his business to an incorporated company, 'A Salomon and Co. Ltd'.6 The

  • Word count: 6235
  • Level: University Degree
  • Subject: Law
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REPORT INTO EQUAL OPPORTUNITIES AND THEIR IMPORTANCE WITHIN THE WORKPLACE.

REPORT INTO EQUAL OPPORTUNITIES AND THEIR IMPORTANCE WITHIN THE WORKPLACE. TERMS OF REFERENCE To produce a formal report to the board into the implications of Equal Opportunities and improvements that can be made to the current Equal Opportunities policy. INTRODUCTION Equal Opportunities and related legislation has become a topical, and much publisized, issue in recent years. Employers are now spending vast amounts of money and time to educate all levels of employees from managements to part-time employees in the area of Equal Opportunities and discrimination. This is to ensure that managers are aware of the implications, and also to communicate to all employees the company stance on discrimination and how it can be reported. Throughout my 20-year career I have made the transition from Trade Union representative to Human Resources Practisioner, during which time I have gained an understanding of the sensitivity of discrimination. The aim of this is to illustrate my understanding of Equal Opportunities and highlight the importance of a policy to our organisation. PROCEDURE In order to compile this report I have used the following sources: . Internet research 2. Company information from my past employment 3. Dignity at work-Course notes 4. Several books related to this matter. FINDINGS What is Discrimination? Discrimination can be described as conduct that is

  • Word count: 5444
  • Level: University Degree
  • Subject: Law
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Critically assess how effective employment law is as a means of altering social attitudes.

LABOUR LAW COURSEWORK BY ADRIAN SHUM. TITLE: Critically assess how effective employment law is as a means of altering social attitudes. To assess how effective employment law is a means of altering social attitudes I aim to thoroughly examine whether respective legislation has sufficiently enabled women to enter and progress in professional employment on an equal footing with men. Hence, has there been a lifting of the so called 'glass ceiling', which Browne defines as, "An invisible barrier of discrimination which makes it difficult for women to reach the same top level in their chosen careers as men."1 Alternatively, I aim to evaluate, does the mere avoidance of discrimination carry with it little prospect of significant overall improvement in the socio-economic position of women. Thus, is there a need in the UK for more proactive measures such as legislation permitting or even obliging positive discrimination and compulsory affirmative/positive action, to remove the inequalities that remain. Before doing as such I feel it is imperative to differentiate between and explain what positive discrimination and affirmative/positive action are. Positive discrimination is where for example an employer restricts applicants for a particular job to women or automatically appoints a woman, and the only reason for such is that women may be underrepresented in the position in

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  • Level: University Degree
  • Subject: Law
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employment law

Written Statement of Terms Section 1 of the Employment Rights Act 1996 requires the employer to give the employee a written statement of employment. The employment contracts depend on a mixture of verbal and written evidence and failing that the court or tribunal may be willing to infer agreement on certain points. An employee must be given, within two months of starting work, a written statement which contains: * the names of the employer and the employee; * the date when the employment began; * the date on which continuous employment began (taking into account any employment with a previous employer which counts towards that period). Section 1 (4) requires that certain particulars of the terms of employment must be stated. These particulars are the rate of pay; the intervals at which it is paid; terms and conditions relating to holidays including public holiday with sufficient information to enable the entitlement to be paid precisely; the title of the job which the employee is employed to do; the place of work; the length of notice which the employee is obliged to give and entitled to receive to determine the contract. If there is a change in the terms of the contract which ought to be included in the statement then a revised written contract must be provided by the employer within one month. Although it does not mean that the employer can not change the terms of

  • Word count: 4948
  • Level: University Degree
  • Subject: Law
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Indirect Sex Discrimination

Indirect Sex Discrimination Indirect discrimination is where there are rules or conditions which apply to everyone, but which affect one group of people more than the others, where there is no good reason for the rule. It is aimed at conduct or practice which, on surface, appears to be neutral or innocuous, rather than discriminatory, but which in effect, has an adverse impact on a particular sex or race. In the fictional case of Mary Smith, she was indirectly discriminated on sex that is unlawful under (s 1(2) (b)) b Sex Discrimination Act 1975. Its definition1 has been altered slightly by the Sex Discrimination2 (Indirect Discrimination and Burden of Proof) Regulations 2001 SI 2001/2660. Before this, both the burden of proof and the definition of indirect discrimination were the same in cases of sex and race discrimination. Section 63A of the SDA 1975 changes the burden of proof. Now, where a complainant proves fact from which the tribunal can conclude, in the absence of an adequate explanation from the employer, that an act of discrimination has occurred, the tribunal must uphold the complaint unless the respondent proves he did not commit the act. Thus, the Regulations impose a statutory duty on the tribunal to shift the burden of proof where the facts establish a prima facie case of discrimination. A REQUIREMENT OR CONDITION IMPOSED ON ALL APPLICANTS Mary was an

  • Word count: 4716
  • Level: University Degree
  • Subject: Law
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The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure. Discuss.

The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure. Critically discuss the above statements. When the Industrial Relations Act 1971 introduced a right to claim unfair dismissal, it filled a sorry gap in the common law. Unlike civil law systems, the courts had not qualified the presumption in contracts of employment that an employer could dismiss an employee for any reason whatsoever, in any manner the employer chose, provided that reasonable notice was given. The Act permitted employees to challenge for the first time both the grounds and the manner of dismissal, and, if their challenge was successful, to receive 'just and equitable' compensation. It is now found in Section 94 of EAR 1996 proclaims that, subject to exceptions - 'an employee shall have the right not to be unfairly dismissed by is employer'. The elaboration of this caused Phillips J to explain: 'It is narrowly and to some extent arbitrarily defined...it is a form of words which could be translated as being equivalent to dismissal contrary to statute and to which the label unfair dismissal has been given1. Moreover, in some ways the statute does not adopt the most direct approach to the definition of an unfair dismissal. Once

  • Word count: 4599
  • Level: University Degree
  • Subject: Law
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Prime areas of concern in the American workforce.

Sociology 1: Fall 2002 Joseph DiLeva October 7, 2003 Former President Bill Clinton: "Our challenge is twofold: first to restore the American dream of opportunity and the American value of responsibility; and second, to bring our country together amid all our diversity in a stronger community, so that we can find common ground and move forward as one." (Chavez, 1998) This quote comes from a televised speech in 1995 which was about the issue of defending civil rights and equal opportunity. These are two prime areas of concern in the American workforce. Due to the fact the U.S. is comprised of ethnic and gender varieties, methods are necessary to compliment a standard of respectability and fairness. However, policies which are implemented in the workplace to create a fair and respectable medium can create problems and many debatable arguments. Some work related issues that are relevant to both ethnic and gender differences are: affirmative action, feminism, sexual harassment, and even the "glass ceiling." These issues will be discussed in relation to how they impose argumentative problems in the workforce. Therefore, an informative point of view will show how one can be affected. Neither issue will be presented in a "pro" or "con" perspective. Instead, an unbiased account will show various arguments that apply to each respective issue - enabling the reader to have

  • Word count: 4561
  • Level: University Degree
  • Subject: Law
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Sex Discrimination in Ireland - Pregnancy

Employment Law Ireland plc Solicitors 23 DCU St. Co. Dublin Dear Sorcha, I have learnt of your grievances involving apparent discriminatory behaviour by your employer in connection with your failed endeavours to gain promotion within the company. I am aware of the background to this matter and the complexities associated with the interview panel's decision. It is my duty to advise you on the extent of protection afforded by the law, the possible options available to you and the procedures that you must adhere to in order to formally process any claim against your employer. Firstly however we must consider the facts. Your initial successful application for the new position supplemented by your progression through the first round of interviews in August suggests that you were in strong contention for the post. These original accomplishments also imply that there is no company practice of preferring for promotion those employees who have shown geographical mobility in previous jobs or posts (which may be considered a disadvantage to women due to their 'domestic responsibilities- indirect discrimination, see footnote 2) nor is there any underlying "genuine and determining occupational requirement" for a male to be given the role.1 Therefore, with the company's acceptance of a female right through to the final obstacle in the promotion process, I believe we can discount this

  • Word count: 4484
  • Level: University Degree
  • Subject: Law
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Describe Potential Forms Of Discrimination In Businesses.

[1] Describe Potential Forms Of Discrimination In Businesses Discrimination any situation in which a group or individual is treated unfavorably based on prejudice, usually against their membership of a socially distinct group or category. Such categories include ethnicity, sex, sexual orientation, religion, socio-economic status, age, and disability. Discrimination applying to the equal availability of employment opportunities, housing, and goods and services is widely legislated against. Gender A person now has the right not to be subjected to less favorable treatment on the grounds of sex, and can sue the discriminator for damages if there is discrimination. It is applicable, typically, in the provision of employment, services, and education. Discrimination, either direct or indirect, is prohibited. Direct discrimination occurs, generally, when a benefit is denied to a woman simply because she is a woman: this law has been used to enforce equality in the workplace, as well as requiring, for example, "men-only" public bars to admit women. Indirect discrimination occurs when a benefit or employment opportunity depends on a requirement that is more likely to be met by one sex than another, and which cannot be objectively justified against job-related criteria: it has been used to make unlawful a top age limit for many job applications, for example, because more women than

  • Word count: 4453
  • Level: University Degree
  • Subject: Law
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