Free «Employment Law Questions» Essay Sample

Question one

To start with, the company cannot simply ban its Muslim workers to pray. Due to this, Prestige Motors factory needs to allocate the Muslims another available space where their enunciation of prayers will not disrupt co-workers or move to a place, which is not disruptive to the working environment. Alternatively, if there is a mosque nearby, they can rush and make their prayers briefly within the break hours. Otherwise, the factory can shift the working schedule of the Muslims. If they can start their work one hour earlier or later, their lunch break will respectively differ from other workers’ break and they will not disturb others during prayers.

Question two

Maria McDougal should talk to the bank manager or launch an official complaint with the manager. If the manager turns down the plea, Maria should write to the bank headquarters about the same and attach a copy of her complain to the manager. She should take the matter to the workers’ union or the human rights commission if the bank headquarters does not accord the expected due justice. Lastly, after exhausting all these channels of redress and nothing is done to give justice, Maria needs to file up the case in court against the bank’s decision if she has substantial evidence to show that the employment termination was unprocedural.

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Question three

Jose Martinez should sue Sparky Foster under Title VII of the America Civil Rights Act 1964 for job discrimination baased on the fact that Jose is a resident alien. The commission on Civil Rights prevents discrimination in federally assisted programs to establish a commission on equal employment opportunity. It is an illegitimate practice for an employer to refuse to employ or discharge any individual or by any other means to discriminate any personal privileges of employment due to individuals’ color, race, religion, nation or sex. Under this Title VII, the Equal Employment Opportunity Commission will furnish the persons subject to job discrimination with technical assistance as they may request to further their compliance. It can also intervene in this civil action by the aggrieved party against the respondent other than governmental agency.

Question four

The Age Discrimination in Employment Act of 1967 prohibit age discrimination in employment, its purpose is to assist in the employment of individuals on the basis of their ability rather than age. The employer has no right to refuse to employ or to discharge a person or by any other means to discriminate against any individual’s age. Therefore, Harvey is protected by this act and is liable to sue Better Beef Inc. As seen from the replacement Tammy was clearly preferred for the job because of his age. In as much as Tammy is also covered under the ADEA act, Harvey is the one who has been unfairly terminated because of his old age. And, thus, Harvey is not precluded from suing.

Question five

Stephen Wilkens should immediately file for compensation because of the disease. Carpal tunnel syndrome was clearly caused by conditions under which she was working, the long hours of typing exerted pressure on her wrist, thereby exposing her to the disease. Stephen deserves a fair compensation from the law firm for her current condition. She should ask for reinstatement in the company in a new position that does not involve typing because legally, she is entailed to this. Her termination from the firm was unlawful and against her legitimate expectation of a fair working condition. It is however imperative that before she goes ahead to file the court case, she should try to explain this to her employer to see if they can reconsider their decision.


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