Employment law paper Essay Example | Topics and Well Written Essays - 500 words

Employment law paper - Essay Example This is simply because any act of a supervisor can be construed to be the act of an employer, especially when an employee is impacted on a job benefit. In cases where the employee is not impacted in tangible terms, here the employers can limit the liability under the following defense: a) The employer has been noted to exercise reasonable care for the prevention of any form of harassment, and b) The employee has not taken complete advantage of any preventive measures that have been provided by the employers. The EEOC General Counsel explains that the cases that involve the English only rule or any restrictive language policies and any language discrimination are given first importance for the commission. As per the EEOC, employers cannot and must not target the workers based on discrimination based on fears, stereotypes or even fear of the language or country of origin. Based on the Title VII, Sears has clearly violated the law, as it clearly explains, no employment discrimination based on any factor like race, age, color, sex, national origin or even religion is allowed. In this case Mary has been fired from the company for speaking in Spanish on the sales floor with a co-worker. This is clearly a violation of the law and clearly shows discrimination against the employees. The fact that the employees are allowed to talk in Spanish with the customers however not with the coworkers, is a clear discrimination. Mary could have been given a warning however, not fired as it is not ethical an d completely violates the Title VII and the EEOC rules. The Bona Fide Occupational Qualifications allows the employers to make discrimination and permits them to employers of American Airlines to discriminate and to make the pilots and flight attendants to work on religious holidays as well. This however is not fair and it is important to understand, when companies prefer to have a diversified work force, it is

The Gramscian approach to understanding civil society and how this Essay

The Gramscian approach to understanding civil society and how this might be relevant to how the world bank works with NGOs through its lending programme - Essay Example The Civil Society Unit of the Bank is directly charged with overseeing the carrying out of the Non-Governmental Organizations (NGOs) and related projects. This report is compiled on behalf of the unit with the aim of shedding some light on what considerations and choices are made in conceptualizing such projects. The unit believes that whereas some of the concerns leveled at the Bank are genuine and well founded, the vast majority of them are based on lack of information on the theoretical framework of carrying out the projects (The World Bank, 2005, 4). The main approach used by the Bank in dealing with civil society in general is grounded on the Gramscian approach originally postulated by Italian scholar Antonio Gramsci. This paper aims at shedding light on this approach so as to allay some of the criticisms that may be based on misinformation about the approach. The post Marxist or Gramscian approach to the understanding of civil society is grounded in the works of sociology scholars Karl Marx, Georg Hegel and Gramsci. It came up in opposing response to the liberal democratic approach which was mainly propagated by philosopher Alexis de Tocqueville. Both approaches aimed at explaining the nature and role of civil society. The development of civil society dates back to Roman Empire in which it was known by the Latin term societas civilis. The term refers to the range of organizations, groupings and societies that operate outside the formal government. They include registered NGOs and more informal groupings such as pressure groups and other small movements (Mcllwaine, 2007, p 5). According to Liberal Democratic Approach proposed by Tocqueville and others, Civil Society is a mainly autonomous sphere of liberty incorporating an organizational culture that morphs into both political and economic democracy. It is therefore a productive force and a useful