Employment LawThe purpose of this article is to analyze a specific, hypothetical employment situation encountered and to include information regarding employment conflicts, questions, complaints, lawsuits, etc., in terms of how was the situation handled or resolved. Work conflicts are a constant problem every day in any organization; what matters is how you handle them both legally and professionally. Employment Law Situation In this situation an employee, new to office politics, continually made defamatory or racist comments. Not that they were blatantly defamatory or racist, he made them out of ignorance. The employee would make remarks such as “elderly people shouldn't drive. Anyone over the age of 50 should be banned from driving. They always cut me off. Forget if they are Asian, no matter what their age” or “well, all the people who live in that neighborhood are white and rich” or “only tall Mexicans hold management positions” which were obviously against the political diversity of the organization. On another occasion, frustrated with the lack of Starbucks coffee in the area, he made a comment to another employee one morning upon arriving at the training course. “Don't Asians drink coffee around here?” Several employees had made other comments regarding comments made about African Americans and Asians; however, after this last comment, several employees brought the issue to the attention of the employee's manager for intervention. Federal Employment Laws First, the employee was in violation of federal laws, which protect employees from defamatory or racist comments. Under Title VII, this is...... half of the document......rimination-preventing-sexual.htmlFindlaw.com, 2008. Independent Contractors v. Microsoft: Don't Treat Contractors as Employees. Retrieved December 11, 2008, from: http://smallbusiness.findlaw.com/articles/3737.htmlFishman, S., 2007. Pros and Cons of Freelancing, Contracting, and Consulting. Retrieved December 11, 2008, from: http://www.nolo.com/article.cfm/catId/450464AB-FA7C-4AAC-B374F1BCE305E4DB/objectId/221FE3AA-D933-4595-B0ACEAA2082BC06F/111/159/ART/References ( continued .)Mortimer, M., 2006. Employment law and employment law. Employlaw.com retrieved December 11, 2008, from: http://www.employlaw.com/hoffa.htmNational Labor Relations Board (NLRB), 2008. Workplace Rights. Retrieved December 11 from: http://www.nlrb.gov/workplace_rights/employees_or_employers_not_covered_by_nlra.aspx
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