Employment law Term Paper Example | Topics and Well Written Essays - 750 words

Employment law - Term Paper Example Age discrimination can be experienced by all people of all ages but mainly between the older and the younger people mostly if the legal action is implicated for the older workers suffering discrimination. (Sargeant & Lewis, 2004, 87) Ageism encompasses a combination of institutional practices, individual attitudes and relationships Ageism and age discrimination are different from each other, as ageism is application of assumed age –based group distinctiveness to an person, regardless of individual‘s actual personal character. However age discrimination refers to the rough ‘age proxies’ in personal decisions in regards to selecting, hiring, discharging, promotion, transfer, training and mandatory training (Macnicol, 2006, p.3). The Age Discrimination in Employment Act (ADEA) 1967 in the United States is applicable for all apparent groups. The Government’s consultation document identified both the direct and the indirect forms of age favoritism in employment and most obvious forms is the person’s ability to work or to be developed in relation to their age. When the US government had approved (ADEA) act it became a major issue from 1967.The act declared that the older people should be promoted on the basis of the ability than on the age, excluded the subjective age discrimin ation in employment and also facilitate the workers in solving problems arising from the impact of the age on the service (Sargeant, 2006, p.1-5). B) Describe how the changing demographic will continue to effect age discrimination claims? Age discrimination affects the employees at the later stage of their life when many people are not able to put their best effort in the performance due to disability. ADEA in 1967 has abolished the discrimination in recruitment, transfer and compensation for the people aged from 40-64.The law was further amended in 1978 when the private organization employees can work up to the age of 69 and in 1986 the law abolished the compulsory retirement for age together. According to a study in 1997, the inhabitant non-institutional populace of ages from 16 to 64 had suffered from a poor physical, mental health that lased for over 6 months and this prevented the people in carrying out a job. Two types of demographics in respect to the working-age and disability are age and race. Disability in work rises with age and the proportion of black employees in work disability exceeds the proportion of other rac e and Hispanics. (Seagal, 2002, p.385)Discrimination is also done on the basis of race and national origin hat involves the employment actions like hiring, promotion etc. Religion can also affect the work culture if the employee practices his/her religion art work. Sex discrimination is also another issue that includes hiring only male candidates or o the basis of marital status and it also includes sexual harassment among the women. (Bruce, 2005, p.21) C) Discuss whether or not an employer can consider an applicant's or employee's age when making employment decisions? On the basis if the Age Discrimination in Employment Act (ADEA) an employer is prohibited to take decisions on the basis of age. Under this legislation an employer cannot force the employees to retire after a certain age, but it can apply seniority system that should not force an older workers leave the job. The law also includes all the list of employees to take a mandatory retirement like federal judges, pilots, enf orcement officers and executives with provision of pensions. (Duekar, 2000, p.118)The act is applicable in both the private and government organization and it can be unlawful if the management fail to abide by the following rules that are: a) if the employer rejects to recruit or discharge an individual with respect to the compensation, terms and condition on the basis of the age; b)to limit or segregate any employees and deprive any employees opportunities that affect the status because of the age factor, c) to reduce the wage or salary of the workers

The theme of Steinbeck's The Chrysanthemums Essay

The theme of Steinbeck's The Chrysanthemums - Essay Example Steinback explores the feminist approach in this short story. Summary of ‘The Chrysanthemums’ Steinback weaves a tale of a passionate woman, Elisa who lives in a male-dominated society. Elisa Allen lives with her husband in her ranch and is his helping hand. Elisa is shown as women more intelligent than her husband but being a woman, she cannot hope to become her husband’s equal. Elisa’s intelligence is matched with her passion towards the ranch, especially towards the Chrysanthemums that she plants. But even with all her intelligence and passion, she cannot guide her husband to improve upon the ranch. Her husband generally ignores her passions and treats her more like a sibling or a friend. Another man enters Elisa’s world, the tinker. The tinker is a person who has travelled much and matches Elisa’s intelligence. He woos her by complimenting on her Chrysanthemums and Elisa becomes attracted towards him. His attention towards Elisa, even thou gh is proved false in the end, makes Elisa aware of her own sexuality as she watches her naked reflection in the mirror after the tinker leaves (Steinback, 1995). However, Elisa is brought back to the realities of the male-dominated world when she finds that the tinker threw away the Chrysanthemums, she offered as a gift, after leaving the ranch. Theme of ‘The Chrysanthemums’ Gender Inequality is the main theme of the book and other themes are secondary to this theme and help support the actual theme. The book is set in the 1930s when males were given the ruling hand just because they were male. Females, on the other hand, were expected to be subservient and their use in the home was to help the husband. Steinback, uses this novel to point out the prevailing gender inequality at that time. Even though Elisa was more passionate about the ranch and had the aptitude to growing beautiful Chrysanthemums, she was not able to guide her husband towards any improvement in the ra nch. Even if she provided any suggestions, they were merely ignored by her husband. This was either because he did not expect her to come up with good suggestions or because he was not interested in making any changes. It is not just Elisa’s husband who gets to lead his life his own way but also the tinker who visits the ranch. The tinker lives an adventurous life, a life that Elisa envies because he gets to see the whole world and the beautiful flowers within while Elisa is only confined to the ranch. She cannot leave the ranch because females at that time were not allowed to leave her homes on such adventurous journeys without their husband. In the case of Elisa, her husband would not have been interested. Thus, Elisa is forced to live her life according to the wishes of her husband, while it is obvious there is so much more that she could with her life. Another theme in the short story is the sexual fulfillment of females. The society during that time was constructed on id eals that were not ideal for the females. Sexual fulfillment was only considered the right of the males while females were just necessary partners in the activity. It is clear that the relationship between Elisa and her husband is more fraternal instead of a husband wife relationship. The arrival of the tinker in the ranch awakens sexual feelings within Elisa and Steinback here makes a point that women are as likely to have sexual feelings as men; and that sexual feelings are so powerful that they make people behave in foolish ways. The passionate and robust nature of Elisa hints at a sexual person