This paper discusses disparatetreatment, the differential treatment of individuals because of their membership in one or more protected classes, such as African-American, older, or disabled.
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Abstract This paper uses two legal cases to illustrate disparatetreatment 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 disparatetreatment, 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
DisparateTreatment 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."
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 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."
Abstract 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
DisparateTreatment 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 explores labor law. The paper presents two cases illustrating disparatetreatment 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, disparatetreatment, disparate impact, protected groups
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 outlines the critical elements of treatment planning in psychotherapy. It also provides a hypothetical case and proposes a treatment plan for the incumbent. Issues addressed include the importance of treatment planning and vital aspects of a quality treatment plan. The author concludes that ultimately a good treatment plan can be evaluated by examining the patient's response to treatment goals and outcomes.
Outline:
Treatment Planning Defined
Relevance of Treatment Planning in Psychotherapy
Treatment Plan Overview
Stages of Treatment Planning
Characteristics of a Good Treatment Plan
Hypothetical Treatment Case - Depression
Conclusions
From the Paper "Bray, Falvey & Hebert (2005) define treatment planning, as a "frequent and universal judgment task" often required of mental health practitioners interested in promoting positive patient outcomes. During the treatment planning and conceptualization process, clinicians work to help problem solve and predict outcomes for patients using various clinical judgment strategies (Bray et al. 2005). This process while complex allows favorable outcomes for a majority of patients and improves clinical performance thus is vital to the success and well being not only of patients but also of the caregivers working with them (Bray, et al. 2005). "
Abstract The basis of this study looks at the effects of a therapy derived from eastern Zen practices and western psychodynamic theory, known as Dialectical Behavioral Therapy, on the treatment of patients afflicted with Borderline Personality Disorder. DBT is a treatment paradigm created by Marsha M. Linehan of Washington University, and is the first and only treatment paradigm to be tested in clinical settings. The importance of DBT stems from the belief that BPD is the most treatment-resistant of all mental disorders outlined in the Diagnostic and Statistical Manual: Vol. IV. The study tests the hypothesis that DBT will effectively reduce targeted behaviors of BPD as compared to treatment as usual (TAU) groups, and suggests that because of the structured nature of DBT, it is the most effective of all present treatments of BPD.
From the Paper "Dialectical Behavior Therapy (DBT) is the application of a broad array of cognitive and behavior therapy strategies to the problems of Borderline Personality Disorder (BPD), including suicidal behaviors (Heard & Linehan 1994). DBT also has a number of distinctive defining characteristics. As its name suggests, its overriding characteristic is an emphasis on "dialectics" - that is, the reconciliation of opposites in a continual process of synthesis. The most fundamental dialectic is the necessity of accepting patients just as they are within a context of trying to teach them to change. This emphasis on acceptance as a balance to change flows directly from the integration of Eastern Zen practice with Western psychodynamic theory (Linehan 1993a)."
Abstract This paper reviews qualitative and quasi-experimental research concerning treatment for sex offenders. With this review, comes an understanding that further investigation into research literature concerning the treatment of sex offenders is needed, to give a more comprehensive picture of the effectiveness of treatment interventions.
Outline:
Abstract
Introduction
Methodology
Theoretical Background
Organic Approach to Treatment of Sex Offenders
Thames Valley Circles of Support and Accountability
Treatment Programs for Juvenile Sexual Offenders
Policy Implications
From the Paper "In addition, substance abuse is another significant factor. In one study, a group of sexual and non-sexual offenders were compared and it was determined that there was a higher incidence of substance abuse in those who had committed sexual offenses. As part of a follow-up, Abracen, Looman, DiFazio, Kelly, and Stirpe (2006) note that the sexual offenders that received sex offender treatment as well as substance abuse treatment reported generally lower levels of recidivism."
Abstract This paper defines multiple sclerosis (MS) as a common neurological disorder responsible for substantial neurological morbidity. MS is an autoimmune disease that attacks the central nervous system, the spine and the brain. This paper evaluates and analyzes various published medical articles and research studies related to the treatment of MS. This paper discusses the use of interferon-beta-1a also known as Avonex, for the treatment of MS. The company that manufactures Avonex notes that while MS is an unpredictable disease in regards to symptoms, using Avonex as a once-a-week therapy can help slow the progression of disability in relapsing forms of MS. This paper contains case study results of patients with MS who used Avonex as well as other treatments and therapies.
Table of Contents:
What is Intramuscular Interferon Beta 1a Therapy?
Multiple Sclerosis and its Treatments What is Avonex?
MS Footnotes
Bibliography
From the Paper "Despite the setback experienced by Avonex and patient's preference for Comaxone, treatment of multiple sclerosis has come a long way. Before the investigation into interferons, physicians were only able to treat some of their MS patients with Prednisone or other immunosuppressives. The problem with Prednisone or Methotrexate (a drug used to treat cancer and also used to repress rejection of transplanted organs) were first they were not that effective and second they had long term side effects which included osteoporosis and high cholesterol for Prednisone and the possibility of catching an infection and dying with Methotrexate."
Abstract This essay describes leukemia as a cancer that affects the blood production in bone marrow and the role that stem cells place in the growth of white blood cells, red blood cells, and platelets (which are clotting agents). The essay then considers three approaches to treatment of acute leukemia, and explores alternative treatments at the micro-cellular level as the most promising method of curing leukemic cancer.
