Employment Law Essay Example | Topics and Well Written Essays - 1000 words - 1

Employment Law - Essay Example Although a decentralized HR model has its advantages, the decentralized model creates loopholes for the abuse of power bestowed upon department heads by the system. According to a new employee in the HR department, the company faces a couple of challenges with regards to its HR practices in various departments.The most distinct of challenges are discrimination, code of conduct with reference to favoritism and employee relations. These challenges can be addressed using the guidelines set out by the Employment Law. This paper seeks to highlight the use of Issue, Rule, Application and Conclusion (IRAC) model of legal analysis. Issue: Ron is a potential candidate for recruitment at ABC Manufacturing Company but the head of the department he might wish to work in is bias against him because he is an amputee. This raises the question whether it is legal to deny such a candidate an employment opportunity due to his incapacitation.Rule: The Equal Employment Opportunity Commission (EEOC) is a federal government department that is tasked with dealing with employment discrimination claims (Rothstein and Liebman 12). The United States constitution protects the rights of people with disabilities under the Americans with Disabilities Act (ADA). The ADA is enforced by the EEOC, which prohibits public and private employers from discriminating against people based on disability. The precedent set by the case involving Sutton vs. United Airlines Inc. saw the definition of the disability as ‘a physical or mental impairment that significantly limits an individual’s life activities’ (Rothstein and Liebman 18). According to the guidelines stipulated in the act, denial of a job opportunity should be based on merit, professional ability and competence (Rothstein and Liebman 20). Application: The ABC head of HR should consider the implications of these guidelines and legislation, and find an amicable solution to the problem that protects the interests of the company and is satisfactory to the subject. This is because the law clearly states that discrimination based on discrimination is illegal. Having a person who has a part of their arm missing from amputation in a maintenance department would contribute to the department’s inefficiency. Despite this obvious fact, the law that gives them the right of access to gainful employment without bias brought by their disability protects such an individual. Conclusion: Denying individuals an employment opportunity because they are disabled is illegal which is stipulated under ADA.It is arguably clear that Ron can not hold the same position that he held with his former employer because of the obvious incapacities brought by his condition. To avoid a damaging lawsuit against the company, Jim the maintenance department manager can be advised to decline Ron’s application based on other merits. The alternative is to offer Ron a job position that he can competently handle if he is qualified for that position. This will help pacify Ron and avert problems for the company, which could have long lasting and negative implications. Issue: Do Robb’s actions qualify to be regarded as sexual harassment under employment law? In ABC Manufacturing, the head of the comptroller department, Robb, is upset about Betty the purchasing department’s manager for dumping him in order to have a relationship with another employee. Robb contemplates making a complaint against Betty as a way of getting back at her for the dismissal. This raises the question whether this kind of behavior or sentiments towards other employees should be condoned.Rule: Under the EEOC guidelines, it is forbidden

Criminal Justice System Case Study Example | Topics and Well Written Essays - 2000 words

Criminal Justice System - Case Study Example In the first section of the report I will also summarize not just the role and approach of the consortium I represent but also the organization's response to the overall consultation. To describe the British Retail Consortium, an introduction of the organization would be based on what is given on the website of British retail consortium. It is one of the leading associations representing all kinds of retailers from all parts of Britain. According to the website, 'The British Retail Consortium is the lead trade association representing the whole range of retailers, from the large multiples and department stores through to independents, selling a wide selection of products through centre of town, out of town, rural and virtual stores' (brc.org, 2008). The mission statement of the company focuses on the vision and mission of the company that aims at creating a vibrant and sustainable retail industry and also defends the retailers' interests. Improving retail services in general and providing advice and other kind of help services to the retailers are also equally important. The actual mission and vision of the organization as available on the organization website is given here: from brc.org, 2008 The British Retail Consortium also works closely with governments on campaigning and policy issues and maintains constructive relationships with governmental departments. The BRC has strong ties with governmental and non-governmental organizations including the DFID, the Department of Health, Revenue and Customs, Home Office, Health and Safety Executive as well as several non governmental organizations (BRC.org, 2008). The Policy Action Group of the BRC provides responses to government on policies that would be burdens to the retail sector and recommends changes for smoother working of public and private sector. BRC undertakes regular consultation responses and policy consultation is an essential part of BRC's wide ranging activities. The Policy Action Group of the British Retail Consortium has been especially established to tackle responses and consultations with Government departments and this particular exercise on policy appraisal of the Criminal Justice System falls within BRC's responsibilities on providing the right kind of consultation and responses to policies dealing with sentencing cases of theft from a shop. CONSULTATION RESPONSE: The consultation response to the policy on theft from a shop that the British Retail Consortium provides for the Criminal Justice System would be aimed at maintaining the best interests of the consumers, retailers from all sectors, the government, the sentencing guidelines council and the criminal justice department. According to