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Employment Rights, 2007.
This paper discusses employment rights and examines the concept of the at-will contract.
1,313 words (approx. 5.3 pages), 3 sources, MLA, $ 44.95
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Abstract
In this article, the writer looks at Richard Epstein's defence of the at-will contract. The writer maintains that Epstein is a tactician in terms of his presentation and argumentation but in terms of substance he relies almost completely on smoke and mirrors to support a virtually unsupportable position. The writer argues that at-will employment environments offer very little real incentive for employees to vest fully in their positions because underwriting their entire existence in the at-will workplace, is the implicit threat of sudden job loss. The writer points out that, what first seems brilliant in Epstein's position on at-will contracts, being roughly equitable to the freedom of speech, at his conclusion, suddenly seems shallow and superficial. The writer then notes that for their part, Patricia Werhane and Tara Radin remain if not brilliant then consistent and empathetic to the employer who, in private companies, is subject to sudden job loss without due process and little recourse. They recognize that, irrespective of what Epstein would have the reader believe, at-will contracts are meaningless constructs that do nothing but free employers from any moral or ethical consideration of the employee.
From the Paper
"However, the at-will contract is a sort of contract in negative where the only obligation is for the employee to show up to work every day at risk of job loss and the long-term negative effect that job loss will have on the employee's successive career. For the employer, there is no substantial financial threat, generally speaking, should an employee leave and certainly the employer does not risk long-term negative consequences due to an employee's departure. The employer merely hires another employee to fulfil that functional role within the company. The employee, on the other had, is often under economic constraints that make such a job loss or employment change catastrophic. At-will contracts are contracts in name only with the only benefit being the employer who is under no obligation to continue to provide employment from one minute to the next. In fact, for Epstein, his argument concludes on a blame the victim note where although some abuse of at-will contracts may exist, it does nothing to undermine the overall perfection of the system .. "
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Employees' Private Lives and Employers' Rights, 2004.
A discussion about whether employers should have the right to look into their employees' private lives.
2,014 words (approx. 8.1 pages), 4 sources, MLA, $ 63.95
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Abstract
This paper shows that, while employers have some very valid reasons for checking into the backgrounds and private lives of employees, there is a point where employers just get nosy. It is these kinds of inquisitions that most people object to. This paper hypothesizes that most employees or prospective employees will not object to having basic information about them checked out, but employers that actively spy on their employees during their off hours go too far.
From the Paper
"It was with this concern in mind that many employers began to take more of an interest in their employees' private lives. It was not so much an interest in them as people, but rather an interest in whether they were going to cause problems for the company at some later date because they had some habit or hang-up that many people would find morally objectionable. The interest in what employees did during their time away from the company became a subject of concern simply because employers became worried about getting into problems by being associated with a certain kind of person."
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Employment Agencies and Potential Employers, 2004.
Explains how to build good business relations between a job placement agency and the companies with which the agency works.
2,941 words (approx. 11.8 pages), 18 sources, APA, $ 87.95
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Abstract
This paper provides a job placement agency with a road map for building good business relationships with companies that would be most promising as potential employers for the job seekers listed with the agency. The paper examines companies in three U.S. market sectors: finance, the food industry, and hi-tech. The candidates for employment, the business climate, and the companies that offer potential employment are each reviewed and analyzed by this paper.
The Candidates
The Business Climate: Industrial and Occupational Outlook
Fortune 100 Companies to Target
From the Paper
"Many of the candidates served by this agency are a lot like a woman profiled by the Wall Street Journal last year. Morgan Hezlep, 31 at the time, graduated from St. Leo University, a small school with both a campus in Florida, and a well-regarded online degree program. While flying 200,000 miles in two years as a computer consultant, Hezlep earned a degree in computer information systems. Instead pf watching the in-flight movies, she 'attended' class by downloading lectures by St. Leo's faculty and completing homework assignments. While Hezlep wanted the degree so she could attend law school, in the usual fashion, many of our candidates earned their degree in similar non-traditional ways, but want traditional, but better, jobs. St. Leo's is not a 'correspondence' school, but a real university with a real football team, as the Wall Street Journal article points out. (Grimes, Feb. 20, 2003) That accords with the backgrounds of many of our candidates. While they may have gotten degrees at non-traditional life stages, perhaps after working for a few years and going to school at night, or in an accelerated 2-plus-year business administration course, very few earned their degrees in a completely correspondence-based college. This is useful information to have in presenting these candidates to the employers; some prefer candidates whose degrees are from 'bricks and mortar' colleges, rather than online ones."
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Employment Laws, 2006.
An examination of the rights of both employers and employees, according to federal guidelines and laws.
1,424 words (approx. 5.7 pages), 5 sources, MLA, $ 47.95
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Abstract
This paper details the crucial role of the Department of Labor in overseeing the rights of the nearly 125 million employees in America. The Department of Labor currently manages in excess of 180 federal laws. It also explores various laws and regulations, which were implemented by the U.S. government to protect both employers and employees such as the Fair Labor Standards Act (FLSA), which imposes standards for wages and overtime pay. This paper also delves into the laws that protect employees against various forms of discrimination including those related to age or physical handicap.
Outline:
Fair Labor Standards Act (FLSA)
Wages and Hours
Workplace Safety and Health
Workers Compensation
Civil Rights Act, 1991
Age Discrimination in Employment Act (ADEA)
Employment Verification System
Equal Employment Opportunity Commission (EEOC)
Instance of Employment Protection Provided in the State System but Not by the Federal System
From the Paper
"The Department of Labor is empowered to recover back wages, either through administrative action or by way of Court action, in case of employees who have been paid less in infringement of the law. Infringement might attract either civil or criminal action. Penalty up to $11,000 per instance of infringement might be assessed against employers who infringe upon the child labor provisions of the law and up to $1,000 per infringement against employers who intentionally or frequently infringe upon the minimum wage or overtime provisions of pay. This law bans discriminating against or discharging workers who report a complaint or take part in any proceedings under the provisions of the Act."
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Email Privacy Rights, 2005.
An examination of email privacy rights as they relate to employees, employers, and the workplace.
1,125 words (approx. 4.5 pages), 5 sources, MLA, $ 39.95
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Abstract
The paper explores email privacy rights concerning employees, employers, and the workplace. The paper explains employer vs employee rights. The paper also includes the invasion of privacy lawsuits.
From the Paper
"The growing number of employees with desktop computers and work-provided laptop computers has increased management concerns for balancing potential liability and loss of productivity issues against the employees' rights to privacy."
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Employment Law, 2005.
The paper applies Title VII of the 1964 Civil Rights Act to issues of employment law relating to gender and national origin.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
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Abstract
This paper explains that, based on Title VII of the Civil Rights Act of 1964, discrimination is prohibited in employment of the protected groups as defined by such characteristics as gender and national origin.with The author points out that, Under Title VII, the Equal Employment Opportunity Commission (EEOC) can pursue a case on behalf of a plaintiff. The paper relates cases that have been brought using Title VII in each of these areas.
From the Paper
"Employment law addresses issues of discrimination in terms of a number of dimensions, including gender and national origin. Case law addressing both usually cites Title VII of the Civil Rights Act of 1964. Title VII "prohibits employment discrimination based on race, color, religion, sex and national origin" (The U.S. Equal Employment Opportunity Commission, 1997, para. 1). Cases have been brought applying Title VII to discrimination in each of these areas, sometimes in more than one of these areas at the same time. Under Title VII, the Equal Employment Opportunity Commission (EEOC) can pursue a case on behalf of a plaintiff. The 1980 EEOC guidelines defined sexual harassment. Until 1981, sexual harassment suits were restricted to tangible losses, and the term itself was rarely used. The 1981 case of Bundy v. Jackson created in the courts an awareness of a correlation between sexual harassment and "hostile working environments."
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Human Rights Abuses by Multinational Corporations, 2008.
This paper is an in-depth analysis of existing legal framework for preventative action and accountability of abuses of human rights by multinational corporations (MNCs).
29,595 words (approx. 118.4 pages), 113 sources, APA, $ 249.95
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Abstract
This paper explains that human rights abuses traditionally have been thought of as being propagated by governments against people or by one group of people against another; however, today, the process of globalization is making the multinational corporation (MNC) a prime player on the front of global human rights abuses. The author points out that the western multinational corporation is most responsible for helping to sustain unacceptable standards in terms of labor rights, political rights and environmental policies in nations where reform is severely needed. The paper stresses that it has become more common than not for the entrance of MNCs en masse into a developing economy to stimulate a general and rapid decline in general environmental conditions as well as the establishment of sturdier institutional obstacles to political activism, gender rights advocacy or the advancement of labor rights.
Table of Contents:
Introduction
Human Rights and Multinational Corporations: Case Studies
Royal Dutch Shell
The Clothing Industry
Major Infringement of Human Rights by Multinational Corporations
Comments on Context
Employment of 'Security' Forces by Multinational Corporations
Labor Rights and Multinational Corporations
Unscrupulous Competitors and Free-Riders
Existing Legal Framework Dealing with Multinational Corporations and Multinational Corporations' Self-Regulation
The United Nations Approach
The Global Compact
Potential Truth and Reconciliation Commission and Trustee ofFunds
The World Trade Organization
Status of GATT/WTO in International Law
The World Trade Organization Preamble
GATT Exceptions
Equal Treatment and National Treatment Obligation
Most Favored Nation Obligation
The World Trade Organization and Labor Rights
Incentives to States
Voluntary Codes of Conduct
Codes about Labor Rights
Voluntary Principles on Security and Human Rights
OECD Guidelines for Multinational Corporations
Regional Organization and Human Rights
Domestic Law Approaches to Multinational Corporations Accountability
Deceptive Advertising Law
Tort Law
Principles of the 'Color of State Authority' and the United States Alien Tort Crimes Act
'Joint Enterprise' and 'Joint Venture' Liability
Revoking Corporate Charters
'Lifting the Corporate Veil'
Corporate Criminal Liability
Fiduciary Obligations
Forum Non Conveniens
Concluding Remarks
Human Rights and Economics
Institutions and Contemporary Issues
Global Trade and Human Beings
Appendixes
The Wealth of States and Multinational Corporations Compared
The World's Largest Multinational Corporations: Home Country Revenues and Multinational Corporations' Profits
Breaches of Human Rights by Multinational Corporations
Principles of the Global Compact
International and Regional Agreements, Statues and Cases
International Agreements
United Nations
World Trade Organization
International Labor Organization
Regional Agreements
Asia Pacific Economic Cooperation
Association of South East Asian Nations
Organization for African Unity
North American Free Trade Agreement
Organization for Economic Cooperation and Development Statutes
Australia
United States
Cases
World Trade Organization
From the Paper
"In recent years, the clothing industry, among others, has escalated its manufacturing in export processing zones (EPZs), otherwise known as economic zones, or free trade zones, particularly throughout developing countries in Asia and South America. While there are differences between these zones, in general they are specific industrial areas that house numerous MNC production facilities, among them Nike, Reebok, Adidas, The Gap, Old Navy and Guess , which make products for export. In some cases MNCs fully own production plants within EPZs and in others the facilities are owned by local businesses, or other third party contractors, which may produce for more than one MNC in the same establishment."
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Employment Law, 2006.
A discussion on employment law and employee's rights.
1,380 words (approx. 5.5 pages), 6 sources, MLA, $ 47.95
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Abstract
This paper considers six areas where employers must be mindful of employment law especially in today's litigious workplace. It focuses on race, religion, gender, national origin, age and disability. It explores ramifications for employers.
From the Paper
"In today's highly litigious workplace employers must develop employment practices that will prevent them from being sued while ensuring a highly qualified workforce. This requires a rudimentary understanding of key cases in areas ..."
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Human Rights in England and the ECHR, 2004.
A comparative analysis of the decisions of the Divisional Court and the Court of Appeal with that of the European Court of Human Rights concerning human rights cases.
1,990 words (approx. 8.0 pages), 18 sources, APA, $ 63.95
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Abstract
This paper compares the decisions of the Divisional Court and the Court of Appeal in R v Ministry of Defence ex parte Smith [1996] 2 WLR 305 with that of the European Court of Human Rights in Lustig-Prean v UK (2000) 29 EHRR 548. It discusses how the different outcomes in these cases can be chiefly explained by the approaches available to the courts in terms of reviewing State policy. It looks at why the test of 'irrationality' employed by the English courts meant that the discriminatory government policy could not be overturned and then examines why the test of 'proportionality' available to the Court of Human Rights allowed a fundamentally different outcome to be reached.
From the Paper
"Having accepted Brown LJ's assessment regarding the justiciability of the policy, both the Divisional Court and Court of Appeal considered each of the three grounds for the review application: that the policy breached Article 2 of the EC Equal Treatment Directive ; that it breached Article 8 of the European Convention of Human Rights; and that it was 'irrational'. Both English courts shared the view that the word "sex" in the EC Directive should not be construed as embracing sexual orientation and should, therefore, have a meaning no broader than gender . Had they accepted the applicants' argument, the policy would have been unlawful as it would amount to direct discrimination . In the Divisional Court, Brown LJ emphasised the 'unambiguous' language of the Directive, which plainly refers to discrimination of gender rather than of orientation."
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The Laws of Equal Employment, 2004.
An overview of equal employment opportunities and the anti-discrimination laws.
6,338 words (approx. 25.4 pages), 12 sources, MLA, $ 147.95
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Abstract
This paper studies the rules and regulations presented to the people by the area of law that provides anti-discriminatory laws, thereby offering equal employment opportunities to all the people entering and wanting to be the part of the corporate world. The second part of the paper applies this knowledge and the information given in the first part of the paper to a problem or an issue faced in an organizational setting.
Outline
Part One: Equal Employment Opportunity and Anti-Discriminatory Laws
Title VII of the Civil Rights Act of 1964
All About Religious Discrimination
All About Race-Color Discrimination
All About Pregnancy Discrimination
All About National Origin Discrimination
The Age Discrimination in Employment Act of 1967
The Equal Pay Act of 1963 (EPA)
Employment Non-Discrimination Act (ENDA)
Employment Discrimination Against Gays and Lesbians
The Civil Rights Act of 1991
The American With Disabilities Act
Part Two: Review of An Organizational Problem Based on Race/Color Employment Discrimination
From the Paper
"Law offers equal opportunity in employment to all the citizens worldwide with the aid of Equal Employment Opportunity Commission. This is done because the people of the world particularly those that constituted the under privileged lot felt a strong need to speak up their minds and raise their opinions against the discrimination that is prevalent in varied forms at different levels of the society. Thus in order to curb the problem of discrimination in the employment sector, the Equal Employment Opportunity Commission abbreviated as EEOC came into existence under Title VII of the Civil Rights Act of 1964 and started functioning on July 2, 1965 (U.S. EEOC: An Overview, Office of Communications and Legislative Affairs, 1998). Thus, with the aid of the drafting and implementation of several anti-discriminatory laws, the Equal Employment Opportunity Commission provides its citizens with the employment opportunity that strictly forbids discrimination at all grounds and on all basis and in any form."
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Gay Rights, 2006.
An argumentative essay regarding the controversial topic of gay rights.
1,377 words (approx. 5.5 pages), 3 sources, MLA, $ 46.95
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Abstract
This paper argues that gay and lesbian people are entitled to the same rights and protections as all Americans, including the right to marry, and protection from discrimination in employment. This paper maintains that by demanding the right to marry and protection from discrimination in employment, gay people are not demanding "special rights."
Outline:
Discrimination in Employment
Right to Marry
Equal Rights
Sentence Outline
From the Paper
"Others argue that married couples are the foundation of social order. Married couple unions ensure that generations reproduce, and that the human race continues. By strengthening families, the legal recognition and protection of heterosexual unions therefore benefit the good of society (Gehrke). Because homosexual unions do not facilitate procreation, there is no concept of a social good. The argument of strengthening families therefore does not apply for same-sex couples."
"These reasons, however, fail to stand up under analysis. For example, the claim that raising children without strong male and female role models can also be levied against single parents. Further arguments that gay marriages do not contribute to the greater good are debatable, based largely on faith-based belief rather than empirical research."
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The Inherent Ethics of the Marketplace and Employee Rights, 2002.
A review of of Ian Maitland's article "Rights in the Workplace: A Nozickian Argument" on workers' rights in the labor market.
1,400 words (approx. 5.6 pages), 2 sources, $ 53.95
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Abstract
This paper is a critical review of Ian Maitland's "Rights in the Workplace: A Nozickian Argument" Joseph DesJardins and John McCall, eds. Contemporary Issues in Business Ethics. Toronto: Wadsworth, 2000, 119-123., This paper reviews the validity of the article, claiming that Maitland argues that defining workers' rights in the labor market actually represents a violation of their right to freely choose the conditions of their own employment. While this may seem to be a paradox, this essay will argue that the underlying assumption of Maitland's thesis is that the marketplace is both competitive and functional. Ironically, this is also the underlying weakness that undermines Maitland's thesis.
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The Civil Rights Act of 1964, 2004.
This paper discusses the Civil Rights Act of 1964 and its effects on the civil rights movement and American history.
1,855 words (approx. 7.4 pages), 6 sources, MLA, $ 59.95
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Abstract
This paper explains that the theory behind the Civil Rights Act of 1964 and all the following civil rights legislation was simply to assist people in their attempt at upward mobility. The author points out that, without the judicial system to enforce the legislation of change, the legislation becomes worth no more than the parchment upon which it is written. The paper relates that the Equal Opportunity Employment Act protects women from discrimination upon the basis of their family status.
From the Paper
"The first court case that began the chain of events that created these laws was the 1896 case of Plessy v. Ferguson, which established a legal precedence for the inclusion of racial segregation in public train cars. This single case began an already spirited legal climb toward a group of laws defining segregation that would later be known as Jim Crow Laws, named for a black face vaudevillian actor who was a popular racial stereotype in the late 1800s. With this initial establishment of legally enforceable segregation laws, the country was swept with laws governing everything from public schools to movie theaters and cafes."
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Civil Rights in the 20th Century, 2003.
A sociological timeline of the civil rights movements of the 20th century.
6,900 words (approx. 27.6 pages), 2 sources, APA, $ 135.95
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Abstract
This paper presents a sociological timeline of the twentieth century that focuses on women's rights, civil rights, and the gay rights movements. The paper discusses the societal issues that motivated, paralleled and accompanied these movements, which include discrimination, segregation, welfare, employment conflicts, unionization, the Depression and government response, and equal opportunity.
From the Paper
"The formation of this group by Mary Dreier Rheta Childe Dorr and Leonora O'Reilly represented a grass roots movement by middle and working-class women devoted to unionization a..."
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Employment Equality, 2005.
A debate over affirmative action programs versus equal employment opportunity programs to promote employment equality.
2,250 words (approx. 9.0 pages), 10 sources, $ 89.95
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Abstract
This paper discusses employment equality, which has a topic of debate for generations. Over the course of the last four decades, the civil rights movement, in America, has brought two types of programs into place to help bring about this equality. Affirmative action and equal employment opportunity programs have the same end goal, employment equality, yet use very different means to get there. Following is a discussion regarding both types of programs, their advantages and disadvantages, and their effectiveness and usage.
From the Paper
"Affirmative Action Programs Versus Equal Employment Opportunity Programs Introduction: Origins, General Description, Theories, Concepts, and Practices of Affirmative Action Programs: Affirmative action programs were established to provide positive employment opportunities for people of a minority group, who are traditionally thought of as being discriminated against. In fact, in Great Britain, these types of programs are known as 'positive discrimination' noting the favoritism of certain groups who have, in the past, been discriminated against."
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