Employment Law Essay

The main issue under consideration in this case is whether a claim under the Age Discrimination in Employment Act of 1967 (ADEA) can be subjected to compulsory arbitration pursuant to an arbitration agreement in a securities registration application. Gilmer contends that it is not. Among the arguments raised by Gilmer are: a) the compulsory arbitration of claims under the ADEA pursuant to arbitration agreement is inconsistent with the purpose of the Federal Arbitration Agreement; b) the compulsory arbitration of claims will undermine the role of the EEOC in enforcing the ADEA; c) compulsory arbitration will deprive the claimant of the judicial forum provided for by the ADEA; d) compulsory arbitration should not be countenanced because of the inherent inequality in the bargaining power between the employers and the employees. The Supreme Court affirmed the judgment of the United States Court of Appeals for the Fourth Circuit holding that an ADEA claim may be subjected to compulsory arbitration. The Supreme Court ruled that it does not see any inconsistency between the purpose of FAA and the enforcement of agreements to arbitrate under age discrimination claims. The Sherman Act, the Securities Exchange Act of 1934, RICO, and the Securities Act of 1933 all are designed to advance important public policies but claims under these statutes may still be subjected to compulsory arbitration. Also, it is incorrect to argue that compulsory arbitration will undermine the role of EEOC in enforcing the ADEA because a claimant subject to arbitration agreement is still free to file a charge with the EEOC. Further, compulsory arbitration agreements will not deprive the claimants of their right to seek judicial recourse under ADEA rather it even broadens the right of the claimants as they now have the right to select the forum for resolving their disputes whether judicial or otherwise. Mere inequality in the bargaining power between the employer and the employee is not sufficient to hold that arbitration agreements should not be enforceable as it is precisely the purpose of FAA to place arbitration agreements in the same footing as other contracts. In effect, the Gilmer case required claimants who are under compulsory arbitration agreements to comply with the said agreements before they seek judicial recourse even if it involves a claim under the ADEA. In the dissenting opinion of Justice Stevens, he argued that arbitration clauses contained in employment agreements are specifically exempt from coverage of the FAA thus respondent corporation cannot compel petitioner to submit his claims arising under the Age Discrimination in Employment Act of 1967 (ADEA) to compulsory arbitration. One of the arguments raised is that the requirement of compulsory arbitration between the petitioner and the respondent is not embodied in the contract of employment. In fact it was admitted by both parties that there was no contract of employment between them. Instead, the Compulsory Arbitration clause was embodied only in Gilmer’s application for registration before the NYSE. Moreover even if there was a contract of employment, the FAA should be not held to apply to employment-related disputes between employees and employers. It would be contrary to the spirit of the FAA to allow the same people who have practiced discrimination against an employee to bargain with them for the purpose of settling their disputes. I agree with the majority opinion. In the first place, the injured party in discrimination suits is the employee. As the injured party, they have the freedom to seek judicial recourse for the purpose of obtaining relief for the damage done to them. However, they also have the freedom to opt for other alternatives. In an effort to settle their dispute with their employers, they may choose to enter into arbitration. Indeed, it would be more in keeping with the laissez faire doctrine to allow both the employers and the employees to settle their dispute among themselves.

Contemporary Issues in HRM Essay Example | Topics and Well Written Essays - 4000 words

Contemporary Issues in HRM - Essay Example When this happens organizations remain satisfied with single-loop learning or adaptive learning but unless this is supported by double-loop learning or generative learning, no growth can take place. Organizational culture plays a vital role in organization learning towards improvement and growth. Organizations must provide an environment of empowerment, encouragement and flexibility for the individual employee to take risks and be creative. Failures too have to be celebrated. The environment should not stifle the employees. The organizational environment at Starbucks, the specialty coffee retailer, was looked into and it has been found that while they do encourage contributions from their employees, learning is stagnant. The workers are trained for 25 hours once they join but the same procedures and training is imparted. Growth and success of an organization is not measured by low staff turnover or high sales figures. Innovation and creativity ensures a long-term strategy whereas foc us on sales is a short-term strategy. While the origin of the company lies in cognitive learning but no further innovation has taken place. The company has not yet been able to find a solution to the single-use paper cups in which coffee is served to those who do not wish to consume coffee in-store. The company has not provided an environment in which employees can find ways to develop a solution. There is reliance on legislation and government support but learning has to come from within. The employees have stock options and which most exercise. Hence, they should also be responsible for finding a solution for the cups. This can come through when the organization engages in double-loop learning and when personal mastery and team work is applied as organizational discipline. Suggestions for improving the organizational learning have been provided. These include training the front-line staff in convincing the customers and making it mandatory for the corporate executives to serve one shift at the counter every now and then. It is expected that these suggestion would bring about a change in the learning environment. When managers started facing competitive pressures and declining productivity, the traditional management practices were threatened. While the situation warranted new strategies and structure, the traditional habits, norms and assumptions became hindering blocks (Senge & Sterman, 1992). Change in strategy must be preceded by change in thinking. Managers and academics then recognized organizational learning as a process that could change shared understandings, and as a key to competitive advantage. Organizational learning can enhance the competencies of both employees and entire organizations. Learning has also been recognized as a route to achieve competitive advantage (Chaston, Badger, Mangles & Sadler-Smith, 2001). This is the reason that there have been contributions on the subject from the perspectives of psychology, management science, strategic management, production management, sociology and cultural anthropology (Chaston, Badger & Sadler-Smith, 1999). However, while all agree that organizational learning is a good thing there is little consensus on what organizational learning really is (Teare & Pantin, 2003). Being a complex concept, there is yet no widely accepted definition of organizational le

Humanistic Psychology Essay Example | Topics and Well Written Essays - 750 words

Humanistic Psychology - Essay Example She is profile who can be counted upon and can rise to the occasion to help the team in crisis. The humanistic approach with its spotlight on the human ability for integrity, resourcefulness and autonomy and its scrutiny of individuals as a sacred, cogent, decisive and sovereign beings did not come up within the sixties, there had been early on precursors of this discipline of thought. Alfred Adler (1870-1937) was one of the former psychologists to diverge with the Freudian analysis. With time, Maslow initiated to mull over citizens with high control to be most entirely human plus ensued to investigate the finest of human nature, the most intellectual, as well as the most realizing personalities (Monte, 1999, p. 737). Maslow initiated to associate the high control sentiment by way of a self actualizing propensity. The Maslow's Hierarchy of needs is how we a an individual can come to a decision on the motivational strategies that can be useful towards always Andrea in order to be able to make her more productive .Maslow also illustrated eight behaviors that can show the way to self actualization (Maslow in Frager & Fadiman, 1998, p. 450). 5. Verdict, if the above stages would be kept in mind, and then motivational theories be designed they will for sure give in the ability of life alternatives; she will also build up a more precise perception. 7. 6. Self improvement in the sagacity of learning to utilize our aptitudes to the fullest. This is a continuing procedure. 7. Crest understanding are split seconds of self actualization also could be depicted as the moments of ecstasy, dread, conjecture or else delight. Doing what guides the way to these understandings that can help individuals self actualize. 8. The need of Ego ramparts, otherwise being attentive of the mode in which the individuals disfigure their imagery of authenticity whenever we strive to secure our self-image moreover being able to plummet that behavior when apposite. An investigation tool described individual Orientation account has been industrialized (Shostrom 1963) as a consistent determine of self actualization that has show the way to additional experimental investigation into the region. Conclusion: As it prevails the more humanistic psychology has provided us individuals with a more fresh and innovative technique to a new way to look at human nature that is positive and holistic and has impacted on the fields Applying a more humanistic approach to wards Andrea would definitely motivate her in the long run. She is somebody, who is successful in her career and a hard worker too. She believes in maintaining a certain level of lifestyle and status in society. But along with all of this. Because she has kept herself so busy in attaining and hence forth maintaining it

Comparing Feminism and Marxism Essay Example | Topics and Well Written Essays - 2000 words

Comparing Feminism and Marxism - Essay Example The Marxists disagree on few things and one of those things is the scale to which they see a worker's revolution as the way of achieving human liberation and illumination and also the methods by which such revolution can occur in real. Marxism is sometimes described as 'Socialism'. According to some Marxists, the real and full Marxists principles were never implemented in any country; however, socialist countries implemented some part of Marxism. According to Karl Marx, a particular class of a society exploits the other class and according to him, this attitude in the society is the result of capitalism and free market. Marx defined the profit as the difference between the value of the product made by the laborer and the actual salary or the wage, which the laborer receives. He lighted his point that in Capitalist economy, money is earned by paying fewer wage to laborers, but profit is not moderated in terms of risks vs. return. According to Marx, people are getting away from their nature and natural behavior, and he accused capitalism for this. In capitalist economy, all benefits are being transferred to the employers and employees get a very low share out of the profit. Like this, employer is actually taking the advantages, which are earned by the hardworking laborers1. According to Marx, alimentation is the situation in which a person lays in capitalism, and it is not necessary that he or she himself admit that they are alienated. 3. Base and superstructure: According to Marx, the 'base structure' explains their point that the entire relations among people with respect to 'the social production of their existence' makes the economic basis in the society. And on this economic basis, the political and legal institutions are formed finally. The other factors affecting this are the religion, philosophy and other ideas. There is always a conflict between the development of material productive forces and the relation of production. This conflict results in the change in economic basis and finally it will cause the transformation of the superstructure2. According to Marx, this relationship is not a one-way process, but both sides are involved in it. And their relationship is considered as dialectical and not a distinction. 4. Class-consciousness: this is used to refer the awareness of oneself and also of the social world around oneself where we live. The awareness about the social class helps in understanding the capacity and it should be known before the class starts a successful revolution. 5. Ideology: Marx used the term 'ideology' in a special meaning and that is to allocate the production of social reality. Engels describes ideology as, 'a process accomplished by the so-called thinker consciously, it is true, but with a false consciousness. The real motive forces impelling him remain unknown to him; otherwise it simply would not be an ideological process. Hence he imagines false of seeming motive forces.'3 This all happens due to the reason that the ruling class controls the resources and in this way they also controls the superstructure of society. In this way, the decisions made would be in favor of ruling class and we cannot expect that they will make any decision which will be in favor of lower class. Marx states in his The

Management Principles and Application for Construction and the Built Essay - 1

Management Principles and Application for Construction and the Built Environment - Essay Example The management of development tasks obliges learning of present day administration and additionally a comprehension of the design and construction process. Construction activities have a particular arrangement of tasks and objectives, for example, an individual timeline for finishing. While the institutional courses of action or methodologies will vary, the management of such activities is much in a similar manner to the principles applied in business management (Horlene & Randy, 2010). Construction show features that are present in a conventional business set up thus control in a similar way, as an enterprise organisation is possible. In most cases, the mission and the arrangement of tasks to be accomplished by the project recognize construction projects from the general rules of organizations. As indicated by the Project Management Institute, the arrangement of tasks and functionalities are dependent on the nature of the project and type of organisation employed. Construction project management is all about coordinating and facilitating human and material assets for the duration of the life of a task by utilizing current administration strategies to attain the planned targets of extension, expense, time, quality and structural requirements (Hablot, 2011). By complexity, the general management of construction works and modern organizations expect a more extensive viewpoint with the more prominent progression of operations. In any case, there are sufficient likenesses and, in addition, contrasts between the two so that present day management procedures created for construction administration may require adjustments to fit the particular task.

War on Drugs Essay Example | Topics and Well Written Essays - 1000 words - 1

War on Drugs - Essay Example On the one hand, the "war on drugs" helps criminal justice system to control illegal drug trade and reduce a number of drug addicts. The creation of the threat estimate is a logical and orderly examination of all the factors which when combined give shape to the threat. The circularity of effects should be dear. As American communities changed, fear of the unfamiliar and unknown, and consequently that of crime, rose. As a result, when people encounter illegal acts they are more likely to call the police, out of fear, whereas in the past, when the situation did not contain the element of unfamiliarity, the issue would be handled informally. So increasing fear is a cause of acceleration in reported crime when the actual incidence of crime has remained stable. In contrast to this view, "many critics claim that current drug control strategy is not only unnecessarily punitive but also largely ineffective". The majority of survey respondents str not satisfied with the present situation, ch aracterizing information/intelligence exchange as being "hit or miss," with actual "intelligence business" being conducted by personal contact and investigator meetings-in short, on a case by case basis. They cited limited connectivity between existing and planned networks and limited integration of federal efforts with those of state and local. Some investigators query systems but are reluctant to provide information to input. Fears of 'claim jumping' lucrative cases have prompted previously cooperative agencies to act much more cautiously." Additionally, "guarding drug intelligence and concealing major. â€Å"The current "prosecute-or-extradite" system functions through national prosecutions aided by ad hoc international cooperation. It leaves the enforcement of narcotics laws to individual nation-states, as nations may choose to assert jurisdiction and prosecute drug traffickers within their national justice systems, to extradite them to a requesting state, or to avoid taking an y action" (Mcconville 2000, p. 75). In addition, "the war on drugs" becomes a real burden for criminal justice system and prisons. Crowding in penal institutions may produce the most volatile situation of all. Many prisoners do not have a chance to be put on parole, so the effects of crowding apply steady pressure on them. That pressure is exacerbated by the violence, racism, and sense of hopelessness found in prisons. Crowding affects prison life in two ways: control of the prison population is more difficult as individual disciplinary problems and major disturbances increase, and individual deterioration is fostered (Miller, 2004). Prisoners living in crowded facilities for sustained periods commit suicide, die, are murdered, create disturbances, become ill, and have interpersonal problems more often than inmates not living in crowded surroundings. Both the actual amount of living space available to each inmate and the total number of men or women incarcerated are related to the negative impacts of imprisonment. Larg e institutions produce more severe physical and psychological effects than smaller facilities (The War on Drugs

Religion and Theology Essay Example | Topics and Well Written Essays - 2000 words

Religion and Theology - Essay Example From this research it is clear that  one of the important aspects is to create a rapport with the needy person to enable them to open up. A pastoral care worker can only provide a remedy, if they have a perfect understanding of the problems or the pain the needy person is experiencing. A pastoral care provider must seek to know vital information regarding the problem the needy person is facing. This according to my inductors can only be achieved if the pastoral care worker creates an appropriate environment in which the needy person will cooperate exemplary. The success of pastoral care will rest hugely on the skills of the pastoral worker’s skills in manoeuvring different situations.This study outlines that  pastoral care is therefore as structured process, which requires the pastoral workers to employ their skills and Christian teachings to resolve the different situations. From my field experience, tutoring is an imperative stage, which provides the workers with initial skills to help them navigate some of the problems that may hinder the success of this form of counselling or care. Irrespective of the setting of the pastoral care, induction into the imperative aspects of practise is essential for any new pastoral worker.  For one to receive pastoral care, he/she must come to the church and register. This is the system the church has established to enable proper management of the program. In addition, the church leadership may also identify people who they feel need pastoral care despite not being members of the church.