Friday, April 23, 2021

Claims of EEOC

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Claims of EEOC


Tawana Davis


Employment Law MGT 44


EEOC


Professor Ginger McRae


August 1, 00


EEOC Claims


More and more today as people look for equality in employment they are experiencing the dreadful act of companies discriminating, some openly and some discretely. Unfortunately those discriminated against have to face the horrible shame of getting terminated, put on probation, or being written up for speaking up for themselves. In times past there has not been any consequences for the actions of those who discriminate. But in 164 a Civil Rights movement took place, which encouraged more individuals to make a greater change towards discrimination. After the Civil Rights movement another birthing of a new day came, the Equal Opportunity Of Commissions, which started in 165.


EEOC has been at the forefront of Americas commitment to equality and opportunity at the workplace. Thirty five years ago workers were often denied access to better paying jobs simply because of their race, color, gender, national origin or religion. Often times they were paid less for doing the exact same jobs as their male or white counter parts. Sexual harassment and glass ceilings were the norm. People with disabilities were left out altogether and employees were often dismissed or relegated to less than desirable jobs due to age or religion. (Castro, 00)


Since inception of EEOC they have dedicated themselves to turning things around for those whose voice is has not been heard. They have made themselves to be a voice for all those individuals that have been bruised as a result of discrimination. Therefore EEOC deems employment regulation necessary, but why? Below are some claims of individuals that were discriminated against at their work place and EEOC came and aided them in their dilemma.


Apple Bee's


Management discriminated against Dwight Burch a resident of Atlanta Georgia at his place of employment Apple Bee's, and as a result of him speaking up he was terminated March 6, 001. The allegation was color harassment. I would like to preface the claim by saying in todays society there are a variety of managers, although a variety all have a different style of managing. These different styles come from background, personality and the field in which they work in. Although there are managers with different management styles they all have to function the same in order to lead a successful company. Managers in every place of employment are supposed to be positive examples to their subordinates by leading by the mission and vision statement of the company. In addition they are suppose to posses the four leadership qualities, which are leading, controlling, organizing, and planning. In this case Mr. Burch manger failed to lead by example and instead discriminated against his subordinate by making derogatory remarks because of the dark complexion of his skin. Mr. Burch's manager was of the African American persuasion as well but he was of a lighter skin complexion where as Mr. Burch was not. Mr. Burch took offense to his mangers discriminating remarks and filled a claim with EEOC. This discriminatory act captured EEOC's attention and as a result a lawsuit was filled and won and Mr. Burch received a settlement of 40,000. It is very important that employees are able to engage unprotected activity without fear of retaliation. It is equally important the employers realize that color is a separate protected basis under Title VII. Employers violate federal law when they discriminate based on color, including the harassment of employees because of their respective skin colors(EEOC, 00)


Cheap Tickets


Sexual Harassment was found on the grounds of Cheap Tickets, "female agents were subject to misappropriate behavior from their supervisors, and the unwelcomed behavior was sexual harassment. "There are two theories on which an action for sexual harassment may be brought quid pro quo and hostile environment sexual harassment. The first generally requires the employer to require something of the harassee as a condition of employment. The second addresses an offensive work environment to which one gender is subjected, but not the other"


(Alexander, Hartman 001). In the case at Cheap tickets the "hostile environment sexual harassment" was the filed claim. And as a result of the claim EEOC and Cheap tickets settled for one point one million dollars. Unfortunately one of the subordinates was subject to retaliation for speaking up regarding the sexual harassment.


I personally am glad to see that justice was served as a result of the unwelcoming behavior. I too was subject to sexual harassment from the C.O.O. of the company where I was previously employed. Because of this immoral behavior and offense, I attempted to file a claim against the company; unfortunately an agent told me from EEOC that I could not file a claim because the company where I was employed had fewer than 15 employees.


The abuse of sexual harassment has become extensive over the pass years but fortunately we have a defense and a voice called EEOC. Because of this I agree and believe that regulating employment is necessary because it covers the employee. No employee accepts a job just to get terminated just like no individual gets married just to get divorced. The textbook has listed some regulations of employment that I think should be a part of every new hire process book, they are


ØYou have a right to your job


ØOnce you are hired, you employer may not fire you except if there is a good reason


ØAs an employer, you may not terminate someone unless that worker does something bad


ØYou have someone working for you whom you really do not get along with, you may not fire that person for that reason alone


ØAs an employer, you may have a rule that, if any employee reports wrongdoings of the firm to the government, she or he will not be terminated.


Ultimately if management lead by positive example companies would not suffer loss of revenue due to claims of discrimination. Legislative laws are set in place to protect any individual who is subject to this type of behavior. As a result of this, there are consequences to face. In order for companies to avoid such consequences, monthly meetings should be incorporated to make sure everyone adheres to the ethics section in the Total Quality Manual of the company.


References


Equal Employment Opportunity of Commissions, (00) Articles retrieved on August 15, 00


from http//www.eeoc.gov


University of Phoenix (Ed.). (00). Employment law for business (rd ed.) [University of


Phoenix Custom Edition e-text]. Burr Ridge, IL McGraw-Hill/Irwin.


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