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.
Analytical Essay # 58854 |
1,180 words (
approx. 4.7 pages ) |
3 sources |
APA | 0
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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
Disparate Impact
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."
Tags:chair, community-supporting, multifaceted, advice, tasks
This paper discusses two legal cases of disparate treatment: "Smith vs. City of Jackson" and "Jespersen vs. Harrah's."
Essay # 68502 |
1,075 words (
approx. 4.3 pages ) |
3 sources |
MLA | 2005
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$ 22.95
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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 disparate impact 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."
Tags:sex, age, discrimination, rejection, adverse
This paper describes disparate impact, which occurs when an employer uses employment practices that have a negative impact on a protected class.
Research Paper # 94623 |
1,063 words (
approx. 4.3 pages ) |
2 sources |
MLA | 2007
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This paper presents several cases that demonstrate disparate impact and treatment in the workplace. The paper defines disparate impact 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:
Disparate Impact
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). "
Tags:employment, discrimination
A literature review of asthma treatment in ethnic minorities.
Research Paper # 103549 |
2,607 words (
approx. 10.4 pages ) |
30 sources |
APA | 2008
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$ 47.95
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This paper provides a literature review on the subject of asthma in racial and ethnic minorities. The review focuses on the risk factors that contribute to greater asthma prevalence and poorer asthma control and treatment in racial and ethnic minorities.
Outline:
Introduction
Asthma Prevalence, Morbidity, and Mortality
Factors Contributing to a Higher Prevalence of Asthma in Minorities
Disparities in Asthma Control and Treatment
Conclusions
From the Paper
"Minorities, the poor, adult women, and children under the age of 18 are disproportionately affected by asthma (ALA, 2007a). According to the Kaiser Family Foundation (2007) African American children had a 17% prevalence of asthma, compared to 12% in Non-Hispanic Whites, 10% in Hispanics, 10% in Native Americans, and 6% in Asians. In adults however, Native Americans had the highest rates of asthma, with a 16% prevalence compared to 11% in African Americans, 10% in Whites, 8% in Asians, and 8% in Hispanics. Puerto Rican adults had a higher prevalence of asthma than most races, with an 11.6% prevalence (CDC, 2004). This fact is masked by the lower rates of asthma in other Hispanic subgroups.
Regardless of age, African Americans were more likely to be hospitalized and to die because of asthma complications compared to all other races, even when taking into account the higher prevalence rates of asthma in this group. Compared to Whites, African American children were 4-5 times more likely to be hospitalized due to asthma, while African American adults were 3-4 times more likely to be hospitalized, and they were also five times more likely to use the emergency department (ED) to seek asthma care (KFF, 2007). African Americans were disproportionately represented in deaths due to asthma even when socioeconomic status was accounted for --they represent only 12.1% of the population, but they account for 25% of all asthma deaths (ALA, 2007a)."
Tags:symptoms, wheezing, minorities, healthcare
Looks at the formation of healthcare policy and financing as presented in Gloria R. Smith's article "Health Disparities: What Can Nursing Do? Policy, Politics, and Nursing Practice".
Article Review # 113328 |
2,110 words (
approx. 8.4 pages ) |
1 source |
APA | 2009
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$ 39.95
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This paper reviews articles related to nursing and outlines the policy formation for nursing practice based on one of the approaches reviewed in the articles. The paper also discusses why the writer chose the particular model regarding policy formation and provides a brief sample of how the writer of this work has participated in any phase of public policy formulation. The article chosen in this work as the model of policy formation is that which is related in the work of Gloria Smith "Health Disparities: What Can Nursing Do? Polic, Politics, and Nursing Practice". This policy is formed upon the very core of nursing which is caring and specifically as related to 'relationships' or the treatment of others in the role of nursing and at its highest 'calling' to care.
From the Paper
"Smith questions whether the capacity of nursing in leading the way to reduction in health disparities is "waning" or whether the simple fact is that nursing is not well-equipped or well-prepared for leadership in this area. Smith states that nursing inherently has a "moral obligation to address health disparities" and that this is true because "nursing and health disparities are inextricably linked by their very nature." Nursing is a profession that focuses on caring "in its fullest and most elaborated and profound meaning - is absolutely central to theory and practice.""
Tags:caring, flexible, equity, forefront, affluence
Looks at the way Hispanics are discriminated against by the American police and courts, compared to their treatment of white citizens.
Comparison Essay # 39028 |
1,900 words (
approx. 7.6 pages ) |
6 sources |
2002
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$ 36.95
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This paper examines the differences between the treatment of Hispanics and whites in the process of criminal persecution. Examples such as arrest percentages, "social profiling" and disparities in sentencing are addressed. The paper concludes by suggesting that minorities need to be appointed to positions of power within the legal system to bring this form of prejudice under control.
A discussion of issues related to employment discrimination.
Descriptive Essay # 122314 |
500 words (
approx. 2 pages ) |
2 sources |
APA | 2008
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$ 10.95
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This paper discusses employment discrimination as the result of both intentional and unintentional motives. It further cites the disparate treatment claim as the most common type. It also takes a look at what is involved in proving disparate impact. This paper concludes by giving an example of age discrimination.
From the Paper
"Employment discrimination can be the result of both intentional and unintentional motives. The most common type of work related discrimination claim is the disparate treatment claim. In a disparate treatment claim an employee alleges a discriminatory motive meaning the employer discriminates against an employee because of their membership in a protected class. An example would be discrimination based on race or gender. Disparate impact refers to a practice or policy that appears to be neutral on its face but negatively impacts a particular group. To prove disparate impact the claimant..."
Tags:disparate impact, disparate treatment, employment discrimination, implications, workplace, EEOC, age discrimination.
This paper studies labor law and its ramifications for employers and employees alike.
Essay # 73620 |
904 words (
approx. 3.6 pages ) |
3 sources |
MLA | 2004
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$ 19.95
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This paper explores labor law. The paper presents two cases illustrating disparate treatment and disparate impact 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, disparate impact, protected groups
A review of the subject of racial discrimination.
Persuasive Essay # 105886 |
1,690 words (
approx. 6.8 pages ) |
9 sources |
APA | 2008
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$ 32.95
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The paper states that, under Title VII laws in the US, it is illegal to discriminate against individuals based on color or race. The paper then explains that discrimination often falls under two categories, including disparate treatment or "disparate acts" and then goes on to discuss the difference between these two categories. Next, the paper discusses a case involving disparate treatment and explains why the employer in the case should be held liable for discrimination. The paper cites several case studies supporting this conclusion.
From the Paper
"The more easily defined of the two is "disparate treatment" (Greenberg, 2002) because it involves outright discrimination against the employee, such as not hiring someone because they are of a particular race. "Disparate impact" is less easily distinguished, but typically involves a policy whether written or unwritten in a company whereby someone may be excluded from certain positions or availabilities, even though the policy may not have been intentionally designed to accomplish this (Greenberg, 2002; Harris, Henderson & William, 2005). The case described for this paper involves the question of "disparate treatment", with Doe arguing the company manager Bigot treated him harshly and in a discriminatory manner. When he reported his discomfort to the appropriate entities within the corporation, they did not respond to his complaints, but rather suggested it was just "the way" Bigot acted with new employees. Even if this were true, it is likely a court would rule in favor of Doe, the employee, because the statements made by his manager were related to his race or orientation, and because they affected Doe in a negative manner. The company should be held liable because no one took action to correct or investigation the employee's complaint."
Tags:racial, discrimination, racial, harassment
Looks at the history of justice in the U.S. in cases of rape with a black offender and white victims.
Descriptive Essay # 111838 |
840 words (
approx. 3.4 pages ) |
4 sources |
MLA | 2007
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$ 17.95
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This paper traces the disparate treatment of black rape offenders by the U.S. judicial system in the days of black slavery and the post Civil War period including legalized lynching. The author points out that, even in today's courtrooms, black men still receive longer prison sentences than white men when they are convicted of rape. The paper concludes that the disparate treatment of black rape offenders and family abusers by the judicial system also creates a "double bind" situation in which exposing the abuse risks having the husband's financial support withdrawn while he is in jail.
From the Paper
"During those dark days, an aggressive mob often awaited the results of a rape trial, a threatening presence that reminded the judicial system that if the black suspect was not convicted of the crime, they would take the law into their own hands and punish the acquitted man themselves. Special doctrinal rules were also enforced such that in one example, court juries were allowed to consider the race of the defendant in their assessment of his criminal intent."
Tags:allegations, vigilante-styled, lynching, coercion, prejudice