Abstract This paper presents several cases that demonstrate disparateimpact and treatment in the workplace. The paper defines disparateimpact and treatment as when an employer uses employment practices that have a negative impact on a protected class. Such practices can include tests, academic requirements, and physical necessities. The specific cases are highlighted for their importance to this issue and their verdicts are clearly presented.
Outline:
DisparateImpact Disparate Treatment
Case Overview: Patricia Hill V. Forum Health
The Final Rule: Patricia Hill V. Forum Health
Implications in Today's Business Environment: Patricia Hill V. Forum Health
From the Paper "The first case in history to examine disparate impact, Griggs V. Duke Power Co. made its way to the Supreme Court of the land. First heard in the U.S. District Court for the Middle District of North Carolina, African American employees of the Duke Power Company brought a class action suit against their employer (Griggs, 1971). At the time, the power company required employees to hold a high school diploma and satisfactory scores on an intelligence test (Griggs, 1971). During times of heated racial debate, these requirements were put in place for positions previously held only by Caucasian employees (Griggs, 1971). While the District Court dismissed their case, Griggs V. Duke Power went on to an appellate court, where the decision was reversed, but the diploma and test requirement practices were upheld (Griggs, 1971). "
Abstract This paper explains that the City of Jackson, Mississippi adopted a revised pay plan granting raises to all city employees in the police and fire departments under which officers and dispatchers with fewer than five years tenure received proportionately greater raises than employees who had more than five years tenure. The author relates that a disparateimpact claim, "Smith vs. City of Jackson", under the Age Discrimination in Employment Act of 1967 was made; but the court, in an 8-0 opinion, rejected it because employees failed to identify any specific practice within the pay plan that had an adverse impact on older workers and the city's plan was based on reasonable factors other than age. The paper points out that the "Jespersen vs. Harrah's" in which Jespersen refused to comply with the makeup requirements, claiming disparate sex discrimination in violation of Title VII of the Civil Rights Act of 1964 also was rejected because the requirement imposed equal burdens on both sexes.
From the Paper "The question presented was whether a disparate impact claim, a claim alleging unintentional discrimination, can be made under the Age Discrimination in Employment Act of 1967 (ADEA). In an 8-0 opinion delivered by Justice John Paul Stevens, the Court held that ADEA authorized recovery in disparate-impact cases, but that in this case petitioners failed to set forth a valid claim. The Court relied on its 1971 decision in Griggs v. Duke Power, where the Court first authorized disparate-impact claims brought under Title VII of the Civil Rights Act of 1964."
Abstract This paper explores labor law. The paper presents two cases illustrating disparate treatment and disparateimpact and includes a brief description of the relevant facts, the ruling and reasoning of the court and finally the specific implications of the ruling for an employment environment. The paper answers these questions: What are some measures a company can take to reasonably accommodate people with disabilities, or those with a known drug abuse problem? Should factors like personality, attitude toward work and future upward mobility be considered when hiring?
From the Paper "Discrimination can be the result of both intentional and unintentional motives. The willful intention to discriminate against an individual or group based on their race, gender, religion, national origin or disability is called disparate treatment. Disparate impact refers to a practice or policy that appears to be neutral on its face but negatively impacts a particular group, such as women or older workers. Disparate impact uses a circumstantial method to prove discrimination."
Tags: labor law, ADA, ADEA, EEO, Civil rights act, disparate treatment, disparateimpact, protected groups
This paper discusses disparate treatment, the differential treatment of individuals because of their membership in one or more protected classes, such as African-American, older, or disabled.
1,180 words (approx. 4.7 pages), 3 sources, APA, $ 40.95
Abstract This paper uses two legal cases to illustrate disparate treatment in business: Monica M. Garcia v. Woman's Hospital Of Texas, which concerned health issues due to pregnancy, and Meacham v. Knolls Atomic Power Lab, which concerned older workers. The author points out that Office Depot, to avoid charges of disparate treatment, provides chairs at the register for pregnant employees who are customer service representatives and has a community-supporting policy of seeking older employees. The paper concludes that employees have multifaceted rights under federal, state, and local statues; therefore, managers must not make judgments without consulting with their legal advisers and human resources experts.
Table of Contents
Disparate Treatment
DisparateImpact Monica M. Garcia v. Woman's Hospital of Texas
Ruling and Reasoning of the Court
Implications of the Ruling for Your Employment Environment
Meacham v. Knolls Atomic Power Lab
Ruling and Reasoning of the Court
Implications of the Ruling for Your Employment Environment
Conclusion
From the Paper "Ms. Garcia became pregnant while working at the Women's Hospital of Texas. Ms Garcia was forced to convalesce at home by her doctor because of health related issues due to the pregnancy. Her doctor released her to return to work after a few weeks, believing she was fit to perform her duties. The hospital administration, consistent with hospital policy, required the doctor to certify on a prepared form that Garcia could perform a variety of ostensibly required tasks. Her doctor certified that Garcia could perform all of the listed tasks with the exception of pushing, pulling or supporting 150 pounds. (Garcia V. Woman's Hospital of Texas, 1996) Consistent with hospital policy, Garcia was not allowed to return to work with the above limitation, and after she was on leave for more than six months the hospital terminated her, again consistent with hospital policy."
Abstract Over the past thirty years, rather than improving, it is clear to see that the regional disparities, economic and otherwise, have been getting worse. Looking to census data over the circa 1966-96 period, we can see that Eastern Canada, in particular, has fared very poorly. This paper will bring this evidence to light, and argue that, not only have regional inequalities been exacerbated in the past 30 years, but that they will continue to get worse as globalization intensifies.
Abstract This paper discusses the problem of wage disparity across Canada, which has long been a concern not only of the general population but also of the various federal government administrations throughout the years, as well as the provincial governments. The paper explains that a genuine concern of government bodies and researchers alike is that of ensuring not necessarily wage parity across professions, but of ensuring livable wages across all demographics. The paper maintains that discussing and properly framing the wage disparity issues for Canadians is important because the consequences of not addressing this issue are enormous and, ultimately, far more costly to ignore than to repair.
A look at the health disparities found in diabetes and obesity based on socio-economic status among African Americans and what can be done to address those disparities.
Abstract The correlation between diabetes and obesity has been long established in recent years. There are strong genetic component and environmental factors that contribute to high prevalence rates of diabetes. The changes in one's lifestyle, sedentary mode of living, poor eating habits and socioeconomic status are significant contributors to the development of diabetes mellitus. Currently, in the U.S. the rate of diabetes is staggering among all age groups, sexes, and ethnic populations. The paper studies the correlation between socioeconomic status, diabetes and obesity and how diabetes in the above mentioned statement as well as other economic and social factors is related.
Outline:
Abstract
Introduction
What is Diabetes Mellitus and Obesity
History of Diabetes Mellitus and Obesity in America
Factors Created Due to Diabetes
How is Diabetes Mellitus and Obesity Linked?
Proposed Solutions to Combat Disparities Solutions: Health Literacy Program and Creating Satellites
Conclusion
From the Paper "" In the United States there has been a concurrent increase in the incidence of diabetes and obesity among all age groups and races. This increase has been especially prominent in the African American population, where a large percentage of diabetes cases and complications develop due to lack of access or provision of healthcare. This disparity is also evident in other races, but African Americans possess the genetic tendency to develop diabetes in greater proportions. Obesity patterns have also exponentially increased in this population in the recent years. Therefore, obesity a prime factor in the development of diabetes, has resulted in a elevated increase in the percentage of diabetes cases in the African American population (Department of Health and Human Services, 2003)."
Abstract There are significant employment disparities between African-Americans and whites in America. This phenomenon is rooted in the racial inequality in society at large. Educational opportunity, and the denial of it to African-Americans, lies at the center of this reality.
Abstract The paper evaluates the importance of health disparities in children from various racial and ethnic groups, who often do not obtain adequate access to healthcare on a regular basis. It is important to note that government intervention, additional resources and community support are likely to encourage the removal of these barriers over time.
From the Paper "In today's world, many children do not regularly obtain the medical care that is necessary to promote health and well being and this is often attributed to many disparities amongst racial and ethnic groups. As a result of these problems, many children do not obtain prevention and wellness procedures that will encourage a healthy childhood. When poverty is introduced into the home environment, children always suffer in more ways than one and this reflects poorly on their psychological well being over time. There are a number of critical arguments that profess the lack of support for healthcare promotion in various racial and ethnic groups and the influence on a child's psychological profile is often alarming."
Abstract This paper compares statistics from the United States and Canada in terms of income disparity and age, showing how the elderly earn less and may be retired so that they are dependent on pensions and government payments to live,. The paper analyzes how the retirement system in Canada is better shaped to maintain a level for the elderly than is the Social Security system in the United States.
From the Paper "Income inequality has been examined from a number of perspectives, noting the wide disparity between the income of the richest and the poorest, between people in different jobs, between genders, between different racial groups, and on the basis of age. Many such inequalities are evidence of unfair distribution, while that for age suggests certain characteristics of working life as the cause. An examination of the age disparities in the United States and Canada show why this is so and also suggest some differences between the two countries. Income disparities exist within age groups and have more to do with unfair distribution caused by such other factors as race and gender, along with expected differences on the basis of education."
Abstract This paper examines how architecture is inseparable from its social purpose and from its environmental setting. This concept is demonstrated through first examining the function of architecture and how the impact of a specific function directly impacts those who come in contact with a given building, and then by describing how the building impacts the local environment.
Abstract The paper discusses the environmental impact assessment and how it is more complex than other types of impact assessments. The paper notes that the ecological impact assessment is a form of risk assessment to indicate what the risks of an action may be. The paper considers this in terms of various examples as well as what will be required for an EIA for a massive project in Hong Kong in the near future.
From the Paper "Assessment is required for all major construction projects and for other mass alterations to the natural or urban landscape and there are different types of EIA that can be made according to the needs of the project, the requirements of the law and other parameters of change. Some types of impact assessment are more difficult to attain than others and the Ecological Impact Assessment is the most difficult, more than other types, with more uncertainties to be included and a broader potential for change to be considered. The ecological impact assessment is a form of risk assessment to indicate what the risks of an action may be. This will be considered in terms of various examples as well as what will be required for an EIA for a massive project in Hong Kong in the near future."
Abstract This paper examines how the presence of others affects our performance and behaviour. The author argues that the presence of others effects simple/practiced tasks and complex ones differently. Included is an anlysis of group consensus and conformity, social impact theory, and a look at possible outcomes such as: diffusion of responsibility and pluralistic ignorance.
From the paper:
"Our behaviour is influenced in many ways by the actions, views and mere presence of those around us. Many studies in Social Psychology have been carried out on how this influence effects us and how much. It seems that the presence of an audience is beneficial only when the task at hand is simple or well practised. If not, the audience causes performance to get worse. When acting as part of a group, individuals tend to conform to a common group consensus. This is especially the case when such a consensus in unanimous. However, minorities do have the ability to change group norms or perceptions. Individuals are less likely to help those who maybe in trouble when there are other potential helpers around. This is mainly due to pluralistic ignorance and diffusion of responsibility. Social impact theory states that the level of influence on an individual depends on the number, status and proximity of the observers as well as on whether he is acting alone or with others."
Abstract This paper explores the topic of television violence and the impact it has on children. In recent years there have been increasing allegations that television violence is having a negative impact on child development. The writer begins with an overview of the problem, looking at specific examples of television in America. Next, the paper defines some key terms for understanding the topic as well as providing a background about why this topic is important to society. The writer concludes by arguing that children are not developmentally advanced enough to separate fantasy from reality and that the increased violence they are seeing on television is creating more violent and aggressive children.
From the Paper "In recent years there have been increasing allegations that television violence has a negative impact on child development . There have been school shootings, children acting out both at home and in classrooms and other developmental traits that have been laid and the feet of television violence".
Abstract The debate in Canada over free trade with the United States has always been heated. Both sides have consistently pointed to evidences that appear to support their own argument. There has, for instance, been reason to believe that free trade has had a beneficial impact on Canada. But this story is somewhat more complicated since the overall impact of free trade on Canada appears to remain negative. Because the American and Canadian relationship is uneven to begin with, it has been no surprise that the United States has benefited disproportionately to the agreement.
