Differentiate Disparate Treatment Theory of Discrimination and the Employment Discrimination.

QUESTION

 

1. Briefly described the most important features of the following in approximately 25 words each:

a- Fair Labor Standards Act

b- Family Medical Leave Act

c- National Labor Relations Act

d- National Labor Relations Act

e- Employment at will doctrine

2. Explain the difference between the disparate treatment theory of employment discrimination and the disparate impact theory of discrimination.

3. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of ___________________________________________________, but notable not on the basis of ________________________________________________.

4- What are the key features of the Americans with Disabilities Act? Who does it protect and what must an employer do when dealing with a candidate or employee who has a disability as defined under the Act?

5 .Explain the advantages and disadvantages of each of the following forms of business organizations:

Corporation

LLC

Sole Proprietorship

General Partnership

Limited Partnership

6. Describe the four types of intellectual property and explain their main features in about 25 words each

 

ANSWER

 

1. Briefly described the most important features of the following in approximately 25 words each:

a- Fair Labor Standards Act- The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States work law that makes the privilege to a lowest pay permitted by law, and “time-and-a-half” additional time pay when individuals work more than forty hours every week.

b- Family Medical Leave Act- The Family and Medical Leave Act of 1993 (FMLA) is a United States work law requiring secured bosses to furnish representatives with occupation ensured and unpaid leave for qualified therapeutic and family reasons.

c- National Labor Relations Act- The countrywide hard work relations Act of 1935 is a foundational statute of america hard work regulation which guarantees the proper of personal quarter personnel to prepare into exchange unions, have interaction in collective bargaining, and take collective movement which includes moves.

d- National Labor Relations Act- The countrywide hard work relations Act of 1935 is a foundational statute of america hard work regulation which guarantees the proper of personal quarter personnel to prepare into exchange unions, have interaction in collective bargaining, and take collective movement which includes moves.

e- Employment at will doctrine- At will employment manner that an employee can depart a job each time they need for any motive, and employers can terminate an employee for any purpose with out notice or cause. The rationale of the at will employment doctrine is to prevent wrongful termination and employment complaints between employees and employers.

 

2. Explain the difference between the disparate treatment theory of employment discrimination and the disparate impact theory of discrimination.

Ans: Both disparate impact and disparate remedy confer with discriminatory practices. Disparate effect is frequently called unintentional discrimination, while disparate remedy is intentional. The phrases unfavorable impact and negative treatment are sometimes used as an alternative.

Disparate effect takes place when rules, practices, regulations or other systems that appear like neutral result in a disproportionate effect on a covered institution. According to Henry 2000, for instance, testing all applicants and the use of consequences from that take a look at as a way to by chance put off sure minority applicants disproportionately is disparate impact.

Disparate treatment is intentional employment discrimination. as an example, trying out a particular ability of most effective positive minority applicants is disparate treatment.

Federal laws restrict process discrimination based on race, colour, intercourse, country wide foundation, religion, age, equal pay, disability or genetic statistics and prohibits both “disparate remedy” and “disparate effect” discrimination.

3. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of ____ sex, race, color, national origin, and religion _______________________________________________, but notable not on the basis of __________language______________________________________.

 

4- What are the key features of the Americans with Disabilities Act? Who does it protect and what must an employer do when dealing with a candidate or employee who has a disability as defined under the Act?

Ans: The individuals with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights regulation that prohibits discrimination in opposition to individuals with disabilities in all regions of public lifestyles, such as jobs, schools, transportation, and all public and personal places which can be open to the majority. According to Henry 2000, The cause of the regulation is to ensure that human beings with disabilities have the identical rights and possibilities as every body else. According to Robertson 2002, The ADA offers civil rights protections to people with disabilities just like those supplied to individuals on the basis of race, colour, sex, national beginning, age, and faith. It ensures same opportunity for individuals with disabilities in public lodges, employment, transportation, country and nearby authorities services, and telecommunications. The ADA is divided into 5 titles (or sections) that relate to special regions of public life.

 

In 2008, the americans with Disabilities Act Amendments Act (ADAAA) become signed into law and became effective on January 1, 2009. The ADAAA made some of massive changes to the definition of “disability.” According to Robertson 2002, The changes in the definition of disability within the ADAAA observe to all titles of the ADA, such as name I (employment practices of personal employers with 15 or more employees, country and neighborhood governments, employment businesses, hard work unions, dealers of the business enterprise and joint management labor committees); name II (applications and activities of state and neighborhood government entities); and name III (personal entities which can be taken into consideration places of public accommodation).

5 .Explain the advantages and disadvantages of each of the following forms of business organizations:

Corporation

LLC: A constrained liability organisation is a corporate shape in the u.s. whereby the proprietors aren’t individually chargeable for the employer’s money owed or liabilities. confined liability businesses are hybrid entities that integrate the traits of a organization with those of a partnership or sole proprietorship.

Sole Proprietorship: Sole Proprietorship in simple words is a one-man business company. it is the sort of entity this is fully owned and controlled via one herbal individual (no longer a criminal individual/entity) referred to as the only owner. The enterprise and the man are the identical, it does not have a separate felony entity.

A sole proprietorship usually does now not must be integrated or registered. it is the simplest form of commercial enterprise businesses and the ideal desire to run a small or medium scale business. allow us to have a look at some important functions of a proprietorship.

General Partnership: A trendy partnership, the simple shape of partnership below common law, is in most countries an affiliation of men and women or an unincorporated business enterprise with the following most important functions: have to be created via settlement, evidence of existence and estoppel.

Limited Partnership: A restrained partnership is a form of partnership just like a widespread partnership except that at the same time as a preferred partnership have to have at the least two popular partners, a limited partnership must have as a minimum one GP and at the least one restricted companion.

6. Describe the four types of intellectual property and explain their main features in about 25 words each

Ans:

Patent: A patent is an exceptional proper granted to the inventor, to exclude others from the use of his invention in any manner without his permission. it’s far pertinent to be aware that this invention can either be a product or a procedure, that encompasses a novel or modern answer and that the identical is industrially relevant.

Trademark: A hallmark is a unique signal which allows the purchasers in identifying the supply of specific goods or offerings. it may be within the shape of textual content, word, numeral, phrase, image, design, signature, odor, shape, color, sound, packaging, texture or aggregate of any of these factors.

Copyright: Copyright refers back to the rights granted to creators, authors, artists, and composers for their ‘original’ innovative paintings or to performers, artists, and broadcasters for the related rights. Like patent legal guidelines, copyright is also a monopolistic right. Copyright gives different proper to promote, put up and reproduce, any literary, musical, dramatic, artistic or architectural paintings created by the author.

Trade Secrets: trade secrets are an vital aspect of IPR regulation. as the call shows, it refers back to the secrets and techniques of a business, which facilitates it gain economic gain over others. In case the exchange key is leaked, the commercial enterprise might also suffer severa losses and irreparable damage to reputation. change secrets and techniques may be within the shape of personal statistics, statistics, formula, composition, manner, layout, technique or compilation or aggregate of one or more, which must stay with the business alone.

References:

Foreign Official Gazette Database (Center for Research Libraries) retrieved on 3^rd April 2019 retrieved from http://www.saflii.org/

ForIntLaw (Washburn University Law Library) retrieved on 3rd April 2019 retrieved from http://www.saflii.org/

GlobaLex (external link) (New York University School of Law Hauser Global Law School Program) retrieved on 3rd April 2019 retrieved from https://www.lawguru.com/ilawlib/index.php?id=52

Internet Law Library (LawGuru) retrieved on 3rd April 2019 retrieved from http://nyulaw.libguides.com/c.php?g=773850

Judicial Assistance (U.S. Dept. of State) retrieved on 3rd April 2019 retrieved from http://nyulaw.libguides.com/c.php?g=773850

JURIST: Legal News (University of Pittsburgh Law School) retrieved on 3rd April 2019 retrieved from http://www.law.uh.edu/libraries/gui

Law School Addresses (Hieros Gamos) retrieved on 3rd April 2019 retrieved from https://www.law.cornell.edu/world