Human Resource Law Essay Example for Free

Human Resource Law Essay This paper will show that this scenario provides a case for gender discrimination. Gender discrimination is illegal under Title VII (Bennett-Alexander Hartman, 2007). In addition, this paper will show what legal and ethical issues arise in this case. Furthermore, this paper will show what Bob should do in this case. By using the female employee versus the male employee to serve the customer the company would be in violation of Title VII for gender discrimination. Title VII laws regarding gender cover the full scope of the employment relationship which describes that gender may not be the basis of any decision related to employment unless gender is used as a bona fide occupational qualification (BFOQ). Customer preference is not a legitimate and protected reason to treat otherwise qualified employees differently based on gender. Additionally, allowing the female employee to assist the customer over the male employee would be in violation of the store’s rotation policy. The policy states that each working day, two employees work in the store; one working the front and one working the back. Rotation occurs on a daily basis in order to disperse commissions fairly. Since this is company policy, there is no flexibility to change that policy and to rotation schedule clearly states that it is the male employee’s turn to earn commission. Discrimination based on gender is illegal and not in keeping with good business practices of efficiency, maximizing resources, and avoiding unnecessary liability. Title VII Issues Discrimination comes in all shapes and sizes, and managers have to be careful not to cross the line and do the wrong thing. Companies do not want lawsuits for discrimination or anything else. The store’s best customer, Imelda,  probably did not intend to offend anyone nor did she probably know that she was discriminating against anyone. Many times discrimination is not intended. Customers generally believe they are always right and get what they want. However, in this instance the customer is very wrong. Requesting a female employee over a male employee is a form of discrimination, gender discrimination. Gender discrimination is illegal under Title VII (Bennett-Alexander Hartman, 2007). If Bob asks Tom to step aside and allow Mary to assist Imelda with her purchases, he will be â€Å"in violation of Title VII and can be held liable to the employee for gender discrimination. Customer preference is not a legitimate and protected reason to treat otherwise-qualified employees differently based on gender† (Bennett-Alexander Hartman, 2007, p. 283). Legally and ethically, Manager Bob cannot swap employees Tom and Mary simply because Imelda wants it. Choice This is not an easy situation. On one hand, the customer is promising to buy five pairs of shoes if she gets a female employee to help her. This would be a huge purchase for the store, great for the profit margin as well as a large commission for the employee. On the other hand, not providing a female employee may denote a missed sale, Imelda may leave the store. Swapping employees would cheat Tom out of his commission. This would be unethical. Tom deserves his commission; he should not be asked or told to give this up. The Shoe Store has very clear company policies. Company policy does not allow two employees to split the commission (UOPX, 2013, para. 5). As stated previously, having Tom give up his commission would not be fair. Company policy rotates employees to keep commissions as fair and equal as possible (UOPX, 2013, para. 5). Manager Bob will need to explain to Imelda as nicely and calmly as possible that he is very sorry, but cannot provide her with a female employee. Bob should promise Imelda that Tom is a very nice man and that she will be in very capable hands; ensure her that Tom knows shoes and will treat her and her feet right. Bob should smile and guarantee her that she will be happy with the service she receives. Bob should apologize for the problem, explain that he contacted his regional manager to see if he could make an exception to company policy this time and was told no, and explain that the company risks a discrimination lawsuit. Finally, tell Imelda that he understands if she chooses to shop elsewhere today and  apologize again. Bob should not get into an argument with the customer; it is out of the stores control. In any business, a written policy can avoid or prevent lawsuits. The shoe store chain has clearly established that the rotation of two employees daily or weekly will occur in the store to create fairness in commission sales. In addition, if only two employees are present one works in the back of the store and the other works in front, this clearly creates fairness of commissions earned (pay), good business ethics practice. Working in sales requires a lot of personal judgment from a company representative. By its nature, the job relies heavily on social relationships and on persuasion. Sales people also usually work on commission; if they do not make the sale, they lose cash. In the wrong hands, these elements can lead to unethical behavior, causing undue pressure on customers or vendors. Ethical behavior and doing the correct or right thing is at the forefront for salespeople today. Subsequently ethical performance is an individual process and training development related issues are important. Salespeople require guidelines on ethical, equality and discrimination issues. The guidelines should be formulated and clearly communicated to help employees to effectively deal with situations of equal pay, fairness, and or discrimination whenever the need arises. Job performance, employee satisfaction and customer satisfaction will prevail with knowledge and understanding of employment laws (Bennett-Alexander Hartman, 2007). What has guided the ethical issues is the set of standards the company has worked out from human reason by which the human actions to switch Mary for Tom is ultimately creating wrong business ethics. Trading assign duties between sales and costs will not mix. The maximum concern for sales cannot go hand-in- with maximum concern for employees. Furthermore, the shoe store business has added structure to the business by creating this policy. If the manager deviates from the established policy, Bob will create unfair treatment or discrimination based on gender, which could result in a lawsuit. After Imelda voiced her request that she wanted a female employee Bob was to enforce the company’s policies to avoid a potential lawsuit. Bob did what was necessary to inform Imelda the companys polices and have Tom assist her with trying on shoes. Bob knows the company will lose money  because of the sales lost from this one client; however, the ethical issue arises to do what is fair and correct according the shoe store policy. If Bob makes the switch and has Mary assist Imelda instead of Tom, Bob has violated the discrimination law-Title VII (gender) as well has violating the equal pay law (Bennett-Alexander Hartman, 2007). The decision is allow Tom to assist Imelda and loose the extra sales. In future, the suggestion to Imelda would be to arrive at the store when a female worker is working the floor or to come in the s tore to see who is working the sales floor without putting the manager in the position to make compromises. Conclusion Discrimination issues can get many companies into trouble. Knowing the law is important for any manager. When questions arise that cannot be answered easily, ask for help. Title VII does not allow discrimination because of gender, meaning a man cannot be treated differently from a female and vice versa. In this case, all must be treated equally. Company policy will not allow Tom and Mary to split the commission and asking Tom to give up his commission would be illegal. Imelda will need to make her own decision whether to shop at the Shoe Store and allow Tom to assist her or leave for another store or until another day. The company must do what is right, what is legal. The store must treats its employees properly and do what is legal and ethical. Whereas Imelda may not be happy, the company cannot do anything that may bring a lawsuit against them. References Bennett-Alexander, D. D., Hartman, P. L. (2007). Employment law for business (5th ed.). New York, NY: McGraw-Hill. University of Phoenix (UOPX). (2013). Week Three. Retrieved from University of Phoenix,

The Caretaker Essay -- Drama

The Caretaker How does the opening of the play set the tone for what will follow? The opening of the play starts off by describing the scene and how everything on the stage would be set out, following that it briefly describes what will happen when the curtains are raised. From the opening of the play it jumps right into the story as though we are picking it up from where we left off, it doesn’t really have a beginning where you are introduced to the characters its as though you have to imagine what the characters are like. The description of the setting does not let on what the play is about, the way the lighting and stage is set up could give the play a certain feel. The description of the setting is like a brief insight onto the kind of play it is. The way the stage is set up could make the play seem very compact in the sense that it is set in one room. The opening of the ‘Caretaker’ is very limited to description it holds back on major detail which could be making the play seem more mysterious. Although the language used to describe the play is limited it sheds just enough information to make the play seem interesting without giving away the whole concept of the play. The way that the setting is described using simplicity makes the plays seem simple yet interesting. It’s not an opening that is used to build up the play but an opening to give the viewer an insight as to what the play is about. In the opening it in a few words it explains that Mi...

Muet vs Ielts

MUET VERSUS IELTS. In today’s global world, the importance of English cannot be denied and ignored since English is the most common language spoken everywhere. Although Malay language is our mother tongue, we still have to conquer this language if we want to compete with other international countries. With the help of developing technology, English has been playing a major role in many sectors including medicine, engineering, and education is the most important arena where English is needed.Particularly, as a developing country, Malaysia needs to make use of this world-wide spoken language in order to prove its international power. Consequently, English should be the medium of instruction at universities in Malaysia. The reason for why English should be the medium of instruction at universities in Malaysia is that it helps students find a high quality jobs for students and the common language is obviously English. Next and the most important, it enables students to communicate with the international world and at once we can compete with other emerging international countries.So, to align with national development, Malaysia has established Malaysian University English Test (MUET) and International English Language Testing System (IELTS) to help students nowadays to improve a lot in English language. Firstly, the Malaysian University English Test (MUET) is an examination which measure the ability to use and understand English as it is spoken, written and heard in university campuses. This test is set and run by the Malaysian Examinations Council.MUET is created for Malaysia public universities enrolment needs and comprising 4 components that are listening, speaking, reading and writing. It is categorized into six bands or levels and only recognized in Malaysia and Singapore. Each components of this exam has its own scores. The maximum scores for each component is 45 for Listening and Speaking,120 for Reading and 90 for Writing, with the total score of 300. The scores are then graded in 6 bands, with Band 6 the highest and Band 1 the lowest.Firstly for listening test, candidates will be required to listen to recorded texts twice and answer questions consisting of information transfer, short-answer questions, and three option multiple choice questions and 4-option multiple choice questions. For speaking test, candidates will be required to perform the individual presentation and group discussion. For the individual presentation, candidates will be given 2 minutes to prepare for the given task and 2 minutes to present. Candidates will also listen to the other candidates while they are making their presentations and take down notes for the group discussion.For the group discussion that consists of 4 students, candidates will be given 2 minutes to prepare points to support or oppose the other candidates’ views. After listening to everyone in the group, candidates will make a conclusion based on their topic. The group will be given 10 minutes for the group discussion. For reading test, candidates will be required to answer the questions that comprises 45 multiple choice questions based on the texts which may be taken from journals, newspapers or magazines sources. Lastly for writing test, candidates will be required to write 2 essays.This paper comprises two writing tasks that are interpretation of information based on specific stimuli provided and extended writing based on a given topic. Secondly, the International English Language Testing System (IELTS) is an examination specially designed to assess a candidate’s competency in the English language for university studies. The IELTS examination is recognised by universities in the United Kingdom, Europe, Australia and New Zealand. IELTS also conforms to the highest to the highest international standards of language assessment.Its purpose is to find out what level band of English from 0-9. Usually people need to take the IELTS test if applying for a job or to study in a college or university in an English-speaking or the immigrants. There are two modules of the IELTS test which are academic and general. The academic module is for the future students and for the general module is or immigrants. Besides, the format for IELTS is same as MUET which include four tests which are reading, writing, speaking and listening. The listening test takes about 40 minutes.The 30 minutes early for listen to a tape and to answer questions on what you hear and then 10 minutes left to transfer answers to the answer sheet. Next, reading test takes one hour and the task is to read passages of text and answer questions according to what you have read. Then, the writing test that also takes one hour and divided into two sub part. The first 20 minutes for write a letter or report and other 40 minutes to write an essay. The last one is speaking test that takes up to 15 minutes and consists of three parts which are personal interview, cue card talk and discus sion.In additional, all the test is continue one after another but for the speaking test get a break or been held on a different day. In conclusion, IELTS is much better compare with MUET. This is because the benefits of taking IELTS are many. If we like to study in world class universities like The Oxford University, Cambridge University, University of Bridgeport, University of California Berkeley, San Francisco State University we must take IELTS. Once we are graduated from any of these universities, our career begins with a fantastic position heading toward a bright future.Moreover, we will get exposed to the best intellectual as well as socio-economic environment that would nurture outstanding personality in us. Thus, we can find a dramatic change in our intellectual, professional and financial spheres. Further, we can have access to employment abroad by writing the IELTS General Module. We can enjoy incredible lifestyle and financial security if we are employed in the United Ki ngdom, Australia or New Zealand and the most important we can gain access to on-going support from some of the world’s leading language assessment experts.Although IELTS is more tough compare to MUET but we still can work harder to success as English proverb says ‘it doesn’t kill you make you stronger’. For many years, English has been the common wold-wide language, and it will be in the future. For this reason, if you want to follow trends, new gadgets and technology, modernization of the developing world, you have to know English whatever age you are in. ?

Lost Boys Why Our Sons Turn Violent And How We Can Save...

Violence shows it face in many forms. It is slowly taking over the youth of our society, and becoming more prevalent than ever. Is it really environmental factors that are the cause of violence in our youth today? Or is the increase in violence to be blamed on a group of variables, that together, create the perfect recipe for disaster? In the book, Lost Boys: Why Our Sons Turn Violent and How We Can Save Them, author Dr. James Garbarino discusses possible reasons that childhood aged boys are experiencing violence that is carried into their adolescent years. Also, Dr. Garbarino expresses a similar rise in violence in young girls in the book See Jane Hit: Why Girls are Growing More Violent and What Can be Done About It. He looks at elements from birth to adolescence, including cultural influences that may not play as big of a role as one may suspect. Dr. Garbarino (1999) proposes common factors that are trending when it comes to an increase in violence among young boys, but does not st ate that such trends are causes of violence. Risk factors, especially in inner-city neighborhoods, such as poor quality of education, low socioeconomic status, limited healthcare options, multiple family residences, lack of a father figure, and high crime may lead an increase in violent nature for male youth. In addition, the book mentions four specific problems that provide a foundation for violence. These four problems include, attachment, abandonment by mother, abandonment by father, andShow MoreRelated American History X and the Epidemic of Youth Violence Essay4096 Words   |  17 PagesAmerican History X and the Epidemic of Youth Violence Amazing grace, how sweet the sound, That saved a wretch like me. 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