I’m working on a business law discussion question and need a sample draft to help me study.
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Student #1 Br
A Paralegal should act professional at all times. A Paralegal should avoid making comments or telling personal stories that can harm a case or make the situation worse. The Paralegal should not give advice. His or her job is to “interview the Client and witnesses.” What Do Paralegals Do, Nala.org (2021), https://www.nala.org/about-paralegals/what-do-para… (last visited Apr 9, 2021). “Paralegal is to investigate and so research.” What Do Paralegals Do, Nala.org (2021), https://www.nala.org/about-paralegals/what-do-para… (last visited Apr 9, 2021).
“Title V11 forbids race discrimination against all persons.” “ A plaintiff may prove a claim of discrimination through direct or circumstantial evidence.” “ The Commission, in contrast, applies the same standard of proof to all race discrimination claims, regardless of the victim’s race or the type of evidence used.” Dawn Bennett-Alexander & Laura Pincus Hartman, Employment law for business 288 (9 ed. 2019).
“Title V11 prohibits employment discrimination against a person because of culture dress and grooming practices.” Dawn Bennett-Alexander & Laura Pincus Hartman, Employment law for business 288 (9 ed. 2019). An old classmate who is Native American ones said, “the only time my culture cuts our hair is when a family member passes away”. It makes me think twice before suggesting to someone to get a haircut. “Employment discrimination against an individual because of his or her association with someone of another race.” Id. at 288. If a person was fired right after the employer learned that he or she was part of an interracial marriage that would be discriminating.
“National origin is person or the ancestor’s place of origin, or physical, cultural, or linguistic characteristics of an origin group.” Dawn Bennett-Alexander & Laura Pincus Hartman, Employment law for business 327. (9 ed. 2019). “Title V11 protects employees who are not U.S. citizens from employment discrimination based on their status as immigrants, rather than as U.S. citizens.” Id.at 327. “American-born employees are also protected.” Dawn Bennett-Alexander & Laura Pincus Hartman, Employment law for business 328 (9 ed. 2019).Student Reply #2
“National origin discrimination means treating someone unfair because he or she comes from a particular place.” Dawn Bennett-Alexander & Laura Pincus Hartman, Employment law for business 289 (9 ed. 2019). “National origin discrimination also means treating an employee unfair because of marriage.” Id. at 289. “Title V11 prohibits any employment decision, including recruitment, hiring, and firing based on national origin.” Id.at 289. It forbids “offensive behaviors such as ethnic slurs and hostile work environment based on national origin.” Id. at 289. “An employer may not base a decision on an employee’s foreign accent unless it interferes with the job.” Id. at 289.
“An employee may claim discrimination on the basis of national origin if there is proof that the employee is a member of a protected class.” Dawn Bennett-Alexander & Laura Pincus Hartman, Employment law for business 327 (9 ed. 2019). “The employee is qualified for the position and the employer made an employment decision against this applicant.” Id.at 327.
Footnote: Dawn Bennett-Alexander & Laura Pincus Hartman, Employment law for business 287-328 (9 ed. 2019).
Student Reply #2
The definition of affirmative action is intentional inclusion of women and minorities in the workplace based on findings of their previous exclusion. Dawn D. Bennett-Alexander and Laura P. Hartman, Employment Law for Business, 219 (9 ed., 2019) (e-book). Affirmative action can be viewed as removing qualified whites or males out of jobs and hiring in minorities or females that may not be qualified to meet the requirements for the organizations hiring ratio. Employer’s seeing these very public disagreements, were confused about what they were required to do, but knew they were supposed to do something to have African-Americans and women in the workplace. Id at 222. In order to follow the law, employers then would hire based on the number of minorities and women within the guidelines of the law. Employers believed that this would keep them from violating this employment law. However, this can cause them to legal action due to removing the qualified candidate.
There are some individuals that believe that affirmative action is a proactive way for schools and employers to have diversity with schools and workplaces. In addition, to this they believe that this introduces different cultures within school and workplace environments. This is viewed as being fair and equal individuals from all walks of life. www.mtholyoke.edu.
Racial discrimination is defined as any discrimination against any individual on the basis of their skin color or racial ethnic origin. This law prohibits employers from discriminating based on an individual’s race or color within workplace environment. Section 2 of this law states, to limit segregate or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an because of such individual’s race, color. . . [Title VII of the Civil Rights act of 1964, as amended, 41 U. S. C. 2000e-2(a). ] Id. at 218.
National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethic background. Id at 282. Also, another aspect of this definition is that the mistreatment due to marriage or association with a different nationality. In other words, this looks at individual backgrounds verse to race or color.
Paralegals must be open and non-judgmental when helping with the investigation process of discrimination. Also, they should be well versed in the employment laws so the facts are understood clearly understood. This understanding would help them ask the right questions for the investigation.
Galatians 3:28, For the whole law is fulfilled in one word: “You shall love your neighbor as yourself.” NIV, 1994. God has called us to care and love each other just as Jesus did while here on earth. Jesus was not in a palace or fine home. He spread God’s word and love to everyone regardless of their race, color or ethnic background. We are all created equal by God.
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