LTC 328 Week 3 Individual Assignment Case Study Complaints
LTC 328 Week 3 Individual Assignment Case Study Complaints
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Date Created: 11/06/15
Case Study 1 The police department of Mason IL consists of 90 fulltime officers varying in ages from 21 to 59 The tenure of the officers also varies with some being newly hired and others with 10 or more years of service to the force The city just instituted a payforperformance plan that states that police officers who have better performance will receive increased compensation after biyearly performance appraisals A police officer s job requires strong physical ability in most situations and the performance appraisal includes assessment of physical ability to perform the job This is a case of discrimination because of the city s denial of benefits or compensation for those police officers who are stronger than others While it is true that the police officers physical prowess will encompass their levels of skill competence expertise in certain areas of combat along with their on thestreet capabilities they should all be graded along the same lines of job appraisal Simply because one officer is better onthebeat circuit than another officer should not entitle him or her to better working conditions or more pay and compensation than another officer who is an excellent shot on the shooting range Some officers are great at handling individual people with whom they come in contact Other police officers do better in crowd control situations It would not be a very healthy situation for the City of Mason Illinois to have some officers receiving more in compensation and benefits due strictly on their biyearly performance appraisals The town and its residents would be the ones to receive a possible backlash from disgruntled police officers as it is an unfair policy To do otherwise and pit those with better agility or skills against officers with lesser amounts is unfair and discriminatory Under Constitutional Law the rights of the individual are at stake along with Private Laws governing small groups and Civil Law having jurisdiction in contracts The above case is one of discrimination and is covered under the Civil Rights Act of 1964 Title VI Case Study 2 John felt that he was evicted by Maureen his landlord for being too old When he spoke to her on the phone she said that she might have difficulty quotmatchingquot him because of his age In response to the allegations Maureen claimed that the decision to ask John to leave was not based on his age but his incompatibility with other tenants and undesirable character traits For example on visits she sometimes felt frightened for her own safety and that of the other female occupant Maureen had offered John free rent while he looked for other accommodation but he chose to move out immediately This case of discrimination is not based on problems in the workplace but on an incompatibility with other tenants and undesirable character traits Discrimination cases do not have to be limited to or be involved with the employees of a company rather they could include clients such as having a roommate The victim in this instance is entitled damages which would include their loss of income the emotional stress that would accompany the actions andor accusations and also their attorney s charges Also the court could give John double the sum as a damage award related to Federal law Then too there is State law at which John could receive triple in damages There is no doubt that an individual who has been discriminated against has the right to receive damages If the charge is based on age this would have to be brought out and shown that there was differential treatment shown to John However in many cases the direct proof is statements like We would like to see somebody more energetic or younger in this position Still in today s workplace it is rare that such a statement would be made Although John s landlady said age had nothing to do with asking him to move the charge of discrimination lies with the stress and emotional duress John experienced because he was informed that he was incompatible with the others and he possessed undesirable character traits Sadly in most instances there is not enough direct proof around to use and therefore the courts must use what is available in circumstantial evidence As far as sticking around rent free John moved out as quickly as he was able to find new lodging because he was so embarrassed frustrated and stressed out by the allegations The AntiAge Discrimination statutes are there to invoke the prevention of violations Liability comes about only when it has been determined that a form of unlawful treatment has occurred and in this instance it did under protected activity The EEOC Commission was a form of guidance to the Supreme Court in Faragher and Ellerth as it advised employers and those in authority that they should do everything necessary in the prevention of harassment Case Study 3 Shortly before a lecture William a nontraditional student at a metropolitan higher education facility suffered an epileptic seizure In a postseizure confusion state he partly removed his clothes Thereafter staff members pressured him to withdraw from the course telling him that quotthe only option is an Internet course The staff explained that the organization shared the facility with a charter elementary school and they were concerned young students might witness something inappropriate This would be classified as an Intentional Tort with Libel or Slander attached to it As the unfortunate incident occurred William was victimized by the actions of others which caused him defamation of character and the in iction of mental distress The person must be treated in a civil manner which William was not This Tort has all of the elements of Intentional In iction The staff members acted with willful intentional and recklessness Their conduct was both of an extreme nature and outrageous in content Their conduct was the cause of severe emotional distress for William All of these machinations involved anger and an abusiveness along with other types of irrational outbursts and behavior resulting in William being af icted with a tremendous amount of mental distress which was not advantageous or healthy for him to endure Staff members did not care about the aftermath of their actions and verbiage spewed out at William Intentional in iction of emotional distress was generated in order to handle a problem before it would become one as it would apply to common law However the common law tort would not permit liability when the threat was not nearby but still might in ict emotional harm to the one on the receiving end The intentional in iction of emotional distress was made as protection from just such emotional abuse This would give the victim of such emotional distress to be on the receiving end of compensation in circumstances where they would not receive compensation otherwise under the common law form Therefore compensatory damages to make the person again should be given to William Intentional In iction of Emotional Distress The above case is an Intentional Tort Case Study 4 A 68yearold man lodged a complaint that he had been discriminated against because of his age at work He said that his supervisor had made comments about needing to get his eyes checked and that he should begin to think about retirement The complainant said that his supervisor would yell scream and accuse him of being to slow at his work He also said that after slipping and falling at work the store manager accused him of having a blackout The definition for age discrimination indicates an employer cannot unfairly treat an employee or potential employee due to that person being over the age of 40 This same law the Age Discrimination in Employment Act also protects some workers under the age of 40 The Equal Employment Opportunity Commission is the governmental agency that would receive the claims of age discrimination In a case of this nature the discrimination relates to not only his age but also treatment of the person being harassed It is a prime indication for a complete disregard for the rights of others Although it is similar in definition of an Intentional Tort this field of the law from the EEOC shows a definite relationship toward disabilities in addition to the discrimination of a person s age Singh p104 It is clear the manager tried all sorts of methods of stress and anxiety in his coercion and intimidation along with just plain bullying and pressure on the 68 year old man in an effort to get the man to quit In one year the EEOC received over 14000 claims regarding the discrimination of one s age ehowcom The consequences of this is capable of many forms and applying to a vast amount of types of individuals Age discrimination is one of the fastest growing fields of law In 1999 the Equal Employment Opportunity Commission received 14141 claims of age discrimination ehowcom They prohibit discrimination in the workplace not only related to age but to race religion sex politics and disabilities Consequences for any form of discrimination in the workplace can result in severe punishment for the discriminator including termination Age discrimination and any other type of discrimination is not limited to employees but includes applicants and clients Through all of the bullying and pressures placed upon him the man did not quit and instead instituted suit against his managercompany for discrimination Case Study 5 Chris a 65yearold man saw an ad in the newspaper for a cashier at Groceries for You The advertisement specified quotApplicant must be young and energetic and possess excellent customer relations skills Applicants who are selected would be required to stand for long periods of time and to lift 20 to 30 pounds quot Chris contacted the Equal Employment Opportunity Commission to institute a charge against Groceries for You You don t have to be young as in age but the person advertised for could be young at heart and have a young attitude This suit would not go anywhere legally because it does not specifically state an age To an 85 year old person someone who is 62 is considered younger As long as the applicant would be energized and not walk around like a shlump and has a good personality to interact with the customers I do believe that no charges would be brought about against Groceries for You The advertisement stated that the person hired as cashier would have to stand for long periods of time and be able to lift 20t030 pound at a time The person must also be of young persuasion energetic and be able to have a good personality for meeting and greeting their customers They can learn to adapt themselves to standing for long periods of time if they would have a problem doing so It can be done Therefore although Chris instituted a legal suit against Groceries for You I doubt that it would have any power in court because of the jurisdiction or subject matter involved This is definitely not a case of discrimination References 1 Singh D 2010 E ective management of longterm care facilities Sudbury MA Jones and Bartlett 2 Singh D 2010 E ective management of longterm care facilities Sudbury MA Jones and Bartlett 3 wwwlawcornelleduweXintentionalin ictionofemotionaldistress 4 Harper and McNeeley A Reexamination of the Basis for Liability for Emotional Distress 1938 Wis L ReV 426 5 httpwwwehowcomabout7548066constitutesage discriminationhtmlixzleN87s4i5
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