important ways; The Age Discrimination In Employment Act is more lenient than Title VII regarding the latitude afforded employer’s reasons for adverse employment decisions (). The Age Discrimination In Employment act allows an employer to argue that a prima facie of age discrimination by identifying any factors other than age that has helped make the decision. The other difference is the Age Discrimination in Employment act only protects employees that are over 40 years of age from discrimination. So‚ a
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Jurisdiction • S 16 Judicature Act 1908( general power to grant an interlocutory (interim) injunction • Hubbard v Vosper [1972] 1 All ER 1023: A plaintiff is not entitled to an interlocutory injunction simply because he shows a prima facie right‚ and an arguable case as to its infringement. The remedy is flexible and discretionary Perpetual Injunction • Made after a substantive hearing on the merits • Contradistinction to an interlocutory injunction‚ which is a holding
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Abortion: Morality Meets the Law Hannah Miller UH -155-001 11/22/11 Abortion: Morality Meets the Law Abortion has always been an extremely debatable topic of discussion in the United States. Whether you are ‘Pro-choice’ or ‘Pro-life’ is a very important decision a person must make. Although the debate over abortion and whether it should be legal for doctors to perform or refuse abortions is a vastly discussed topic in other countries such as Great Britain. (Whiting‚ 2011). For many people
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Admiralty Outline Fall 2003 Overview Admiralty is federal law‚ originating in Article III‚ § 2 of Constitution. i. First Congress included Cases of Admiralty/Maritime in Judiciary Act. ii. Supremacy Clause. b. If say that case is admiralty/maritime case‚ governed by admiralty law‚ is to say that substantive admiralty law applies. i. Differences: statute of limitations‚ comparative laws for recovery‚ etc. a. Main: trial by judge. From very beginning‚ admiralty cases are w/o juries
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Officers of WILAWARE PROUDCT CORPORATION) PETITIONER’S CLAIMS: Petitioner’s insisted that his works are covered by Sections 172.1 and 172.2 of the Intellectual Property Code and that the copyright certificates issued by the National Library are prima facie evidence of its validity‚ citing the ruling of the United States Court of Appeals in one of its cases. He claims that the IPC provides in no uncertain terms that copyright protection automatically attaches to a work by the sole fact of its creation
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Petty v. Metropolitan Gov’t of Nashville & Davidson County Crystal R. Brazel Strayer University BUS510 Business Employment Law Professor Damaris Garrett February 16‚ 2013 Petty v. Metropolitan Gov’t of Nashville & Davidson County What were the legal issues in this case? In this case there where (3) legal issues: (1) Metro delayed rehiring Petty for the purpose of subjecting him to the department ’s return-to-work process; (2) Metro did not properly rehire Petty
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Prima facie reasoning states that a person’s actions outside the workplace are within their privacy rights. However‚ organizations claim that if these actions have an effect on the company that it is within the company’s rights to scrutinize the employee’s
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Rester v. Stephens Media‚ LLC In Rester‚ the Plaintiff alleged her supervisor’s aggressive behavior created a hostile workplace‚ but the Court disagreed and determined the single incident of conduct was not severe. The Plaintiff worked as a graphic designer for the Defendant. The Plaintiff and her supervisor got into a confrontation over a work assignment‚ when the supervisor started cursing at her and slamming his hands on the desk. She tried to leave‚ and the supervisor placed his hands on
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discrimination and the employer may not say they are discriminating. The U.S. Supreme Court has a list of indicators that leave discrimination as the only explanation when every other explanation is eliminated: (1) The plaintiff must establish a prima facie case of discrimination; (2) the employer must then articulate‚ through admissible evidence‚ a legitimate‚ nondiscriminatory reason for its actions; and (3) in order to prevail‚ the plaintiff must prove that the employer’s stated reason is a pretext
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• Social Justice: Defined as “Justice in terms of the distribution of wealth‚ opportunities‚ and privileges within a society.” (“ Social Justice”‚ 2017 ) Social Justice is in essence mankind treating each other with dignity and it does not allow for racism or discrimination in any form. The Catholic Church has always been aware of social justice in its teachings and when applied to a school environment these themes are referred to as Catholic Social Teaching and is used to address how Christianity
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