10 Employment Law Questions

10 Employment Law Questions

Employment law

Answer 1

The right of the organization to classify the profiles of ideal candidate is absolute. This, however, needs a description of the skills, experiences and other compensable factors whose involvement in the job is either direct or indirect. All in all, an organization may publicize its requirements which it needs to be filled. As a matter of fact, all the above being true, many recruitment processes are conditioned by preconceptions about the likely success of a person in the performance of their work depending on if you are over 40, or over 50. There is no doubt that the organization in which Rose Flanagan has applied has established discriminatory barriers for her that despite meeting the requirements, do not meet the minimum or maximum age (as applicable) established for the position. Prejudice has leaded the company to ignore Rose even after getting the majority of votes for that position.

It is certain that the department is denying the transfer of Rose due to the required energy and flexibility relevant for that position; these are the limitations that drew her out of competition. Therefore, even being serious people capable, employable and with great learning provision Rose is discriminated against just because of her age. I think Rose definitely have a sufficient basis to state a claim for age discrimination as ignoring an ideal person for the position just because of age seems unethical as well. Rose is eligible as well as has the right to file a case on the grounds of discrimination of age to the Equal Employment Opportunity Commission (EEOC). Filing for a claim is legitimate in this case especially to the senior management and HR experts of the company to assess their recruitment and promoting policies flexible and eliminate age discrimination.

Answer 2

This case has the tinge of both sexual harassment as well as nepotism. As a matter of fact Mr. Wilson was having an ongoing "romantic" relationship with Ms. Maser prior to her transfer to the Delray Beach store. This provided Wilson a lucrative opportunity to materialize it and to resume his "relationship" with Maser and promised to promote Ms. Maser to a store manager instead of Linda Johnson. As a social fact, the work includes the establishment of relations that are not symmetric. The employer (i.e., who hires a worker) has greater strength and responsibility to the employee. Therefore, labor law tends to limit the freedom of each company in order to protect the weaker involvement of this structure.

Likewise it is also important to stress the value of the principle of inalienability of rights. This maxim is clear that no worker can carry out the waiver of rights to be established as such by the labor law. That means, for example, not even to work more hours than they are established or waived nor charge less than those stipulated. The complain, as a matter of fact, is received from both Ms. Johnson and ...