Saturday, January 25, 2020

Job Discrimination Essay -- Discrimination is Wrong

In some way or another we have all experienced discrimination not only through race but also sex, a disability, religion and so on. How can we determine if discrimination is right in areas other than race? If we define discrimination from the Webster’s dictionary it can be the treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person belongs. In my opinion I would simply say that â€Å"you can’t judge a book by its cover† and that is what we tend to do when we face discrimination. The Federal Equal Opportunity Laws are the enforcers of such discriminations people face on a daily job. Whenever employees encounter a problem with discrimination the EEO laws are their as protection for their rights in the workplace.   Ã‚  Ã‚  Ã‚  Ã‚  The Federal Equal Employment Opportunity Laws are like the book of psalms in your bible, daily laws to live by. Under the title VII, the ADA, and the ADEA, it is illegal to participate in any discrimination when dealing with employment. For instance, hiring and firing, recruitment, testing and transfer, promotion, lay off, or recall. Which employers are responsible for making employees aware of the rights under the EEOC? Under the title VII it explains that it is not only intentional discrimination, but also discrimination against color, sex, religion, race, and national origin. When describing National Origin Discrimination it is discriminating against people because of their ancestry, birthplace and culture. National origin an employer has the right to request proper form of Identification or something that let’s them know that they are legal citizens; and this is supported by the IRCA. Dealing with Religious Accommodation discrimination that the employer has the right to ask his boss for permission to accommodate his religious belief. For instance, if the employee is practicing the Muslim religion, and he is required to pray in certain areas at certain times, he needs to make sure that when he practices his daily religious belief that it does not affect other employees. Sex discrimination would fall under title VII, which can range from sexual harassment can stem from sexual favors from the same or opposite sex. For pregnant women they should be treated the same way any ill person would be treated. Next, Age Discriminati... ...specific agent the â€Å"Fair Employment Practices Agencies (FEPAs) they make sure that the party that is being charged is under both federal and state law. Once the charge has been filed they contact the employer and there are several ways they can go about the incident. For instance, interviews, review documents, and maybe visit the incident where it happened. In these cases mentioned above when discrimination is present these are things that may occur: back pay, hiring, promotion, reinstatement, front pay and reasonable accommodation; it may also include attorneys’ fees, and court costs. As I researched this topic, I read a passage in the book Sex Discrimination in the legal Profession, that women in the early 1980’s and 1990’s who were lawyers were getting paid less than a man in the same profession; yes female lawyers are among the most highly educated women on earth now is that equal. Well I think by now we should know whether this topic is a federal or state law? Yes it is a federal law. In order for job discrimination to decrease we must learn how to treat people equal regardless of the color of their skin or their race, or any other discrimination we face in day-to-day life.

Friday, January 17, 2020

Disciplinary Process †Case Study Essay

No written warnings in Sam’s personal employee files. There were no formal notes kept in Sam’s file in regards to performance reviews. No disciplinary meetings or hearings prior to Sam’s dismissal Nil documented timelines for reviews of Sam’s improvement or progress. No performance reviews or development plans presented by employer. Sam was dismissed from employment as there was a claim Sam had struck her manager. No investigation into Sam striking Manager – Nil Evidence. Sam should have had formal meetings discussing her poor performances. None noted in her files. Coaching and Mentoring should have been offered and a time line drawn up and put into place. The manager should have notified Supervisor immediately after the alleged physical abuse. The organisation should have kept copies of Sam’s Medical certificates. B, WHAT THE ORGANISATION SHOULD HAVE BEEN DOING FOR IT TO HAVE SUCCESSFULLY DEFENDED ITS POSITION AGAINST SAM’S CLAIM OF UNFAIR DISMISSAL. Kept formal notes in Sam’s file about formal performance reviews and meetings that have taken place. Sam should have had written/formal warnings that have been issue to her. Sam should have had meetings with Human Resource Managers for performance improvement. Including evidence of training coaching or mentoring. Follow up reviews regarding training etc. The manager that claimed Sam had hit her should have filed a report with supervisor, not waiting until Sam had called in sick before reporting the matter. This claim should have been fully investigated by the organisation and the outcome documented. 3 WHAT WOULD HAVE BEEN THE CORRECT WAY TO TERMINATE SAM IN ACCORDANCE WITH LEGAL AND ORGANISATIONAL REQUIREMENTS? To give employees 3 written formal warnings to improve performance. For employee to have received reasonable time and support to improve performance. After the alleged attack on manager from same, a full investigation taken place. If evidence is clear of a crime, the investigation should be handed over to the police. In section 17 of the Fair Trading Work Act – The organisation is required to provide an employee a notice of termination in writing. In Sam’s case, In order to terminate correctly, all processes including non-performances through to support measures and follow up action should have been documented, before termination. RISK ANALYSIS OF THE CASE AND STRATEGIES TO MITIGATE FUTURE RISKS Identified Risk Strategy to Mitigate Risk Employee continually under performing Provide on Job training, coaching and mentoring. Support for underperforming employees with time lines, opportunities for improvement. Written warnings where there is no improvement. Compensation claim through Fair Work Australia successful Performance management, misconduct and dismissal strategies to be implemented and communicated to entire organisation. Follow up on procedures. Employee lodge unfair dismissal claim with Fair Work Australia Ensure organisation has all evidence and documentation required to defend a claim. MISCONDUCT MAY BE DEEMED TO EXIST WHERE An employee has been previously warned about a particular behaviour. That an employee is aware of misconduct. Where an employee has purposely breached guidelines or challenged direct instructions from supervisors. LIST ANY LEGISLATION THAT APPLIES TO THE SITUATION PRESENTED IN CASE STUDY Unfair Dismissal legislation applies to most employees working in paid employment in Australia. In this case, the employee may have physical abused another, and this might come under criminal law as â€Å"assault†. Type Policy’s Procedure Monitoring Regular dates for reviews. To monitor performance, ensuring effectiveness and employees are able to obtain support to achieve performance levels. Upon commencement of employment. The expected performance standards and KPIs are communicated and agreed. Performance reviews 6 monthly Performance review All performance reviews are standard and at regular intervals and all information is documented in employees files. Both employee and supervisor sign review agreement Keep employees files up to date. Performance reviews need to have sign off sheets attached to review notes. For Employees with great responsibilities, management need do follow ups regularly WHAT DOCUMENTS DO WE NEED TO BE DEVELOPED FOR THE ORGANISATION TO EVIDENCE THAT IS HAS IMPLEMENTED A PROCESS TO SUPPORT NON-PERFORMING EMPLOYEES Sign off sheets for the employee and employer to sign after reviews. Note page for recording meeting minutes of performance meetings, where non-performance was identified. A document for recording ‘action plan’ example- what actions are taken to support the employee, this template should also include dates, milestones and deadlines. A template for the issue of warnings and notice of termination. DESCRIPTION OF HOW ALL STEPS OF THE PERFORMANCE REVIEW PROCESS AND DISCIPLINARY HEARING PROCESS SHOULD BE PERFORMED AS PER LEGAL REQUIREMENTS AND THE ORGANISATIONAL POLICIES HAVE BEEN DEVELOPED. What should have been done at each stage? Performance meeting and review should have been held and documented. Review the progress, timelines and support to same in order to assist with performance. Training support and counselling should be offered, provided and documented. A second performance review meeting, at a set date, all documented. If progress not satisfactory, a written warning to be issued. Documented and also a copy of warning letter in file. Further training counselling and support. If after a considerable amount of time there has been no improvement And performance is still unsatisfactory; a notice of termination could have been issued in writing and given to employee. The termination notice must provide notice to employee. WHEN AND WHERE ASSISTANCE FROM HR SPECIALISTS WOULD HAVE BEEN APPROPRIATE. HR should have been notified straight away of Sam’s poor performance. This meeting should have been documented. WHAT SUPPORT SERVICES COULD HAVE BEEN DEPLOYED IN SAM’S CASE? Formal training New mentor or coach Counselling sessions All support should have been documented as evidence that she was given support WHAT DOCUMENTATION WOULD HAVE APPROPRIATE AT EACH STAGE All meetings, training, reviews, coaching and warnings should have been documented.

Thursday, January 9, 2020

The War Of The Middle East - 952 Words

The war in the Middle East is an Arab-Israeli conflict with a lot of external parties with their own interests involved. The seed for the war was sown by the British Empire in charge of Palestine in the early twentieth century, when it promised an independent Arab state that included Palestine to the Arabs (Shah). In contradiction the British Foreign Minister also promised the same land to the Israelis through the ‘Balfour Declaration’ and aid for the establishment of ‘a Jewish national home’ in Palestine (Shah). Since, then the United Nations and the United States of America have fueled the war between these two parties. The involvement of foreign party and their tendency to wage war against any Arab regime, that disagrees being a mere puppet has created a power vacuum increasing instability within the Arab nations. This has increased violence and terrorism in the Middle East, the effects of which is felt throughout the world. The main causes of this war an d why it has not yet been solved can be found by digging deep into the concepts of â€Å"Greater Israel†, direct involvement of external forces and â€Å"petrodollars†. The main concept behind â€Å"Greater Israel† is to expand the territories of Israel and weaken the Arab forces. After the formation of the United Nations, the UN backed by the US proposed the partition of Palestine from which the minority Jewish population received the majority of the best lands (Richman). The majority of Palestinians who are of Arab origin have beenShow MoreRelatedThe War On The Middle East Essay1571 Words   |  7 Pages War on ISIS has been been a problem in the world today. We have been going back and forth on rather we should declare war on them for the longest. My personal opinion I think we should because they re never going to stop abusing america and kidnapping our american citizens until we bomb and kill them. 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