The Notification And Federal Employee Antidiscrimination...

The Notification And Federal Employee Antidiscrimination...
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 Impact on
Walmart Corporation
There are many public policies in place in this century that improve the quality of their work place
one of them is The Notification and Federal Employee Antidiscrimination and Retaliation Act of
2002 ("NO FEAR" Act). The NO FEAR Act is intended to reduce the incidence of workplace
discrimination within the federal government by making agencies and departments more
accountable. The company that I will be focusing on will be Walmart, is an American multinational
retail corporation, in which operates a chain of discount department stores as well as warehouse
stores. Walmart is the world's largest company by revenue, according ... Show more content on
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Agencies and departments should take appropriate and timely steps, including discipline, if needed,
to address conduct inconsistent with "Antidiscrimination Laws" and "Whistleblower Protection
Laws." According to the United States Office of Personnel Management, Title II of the Notification
and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) requires a
comprehensive study of best practices in the Executive branch for taking disciplinary action for
conduct inconsistent with Antidiscrimination and Whistleblower Protection Laws. In addition to that
the Act also requires the issuance of advisory guidelines agencies may follow when taking
disciplinary action for such conduct.
With Walmart being one of the world's largest companies in revenue, The No FEAR Act comes with
both advantages and disadvantages. The employees have an advantage because they cannot be
discriminated against when applying for the job, meaning they may not be asked questions
pertaining to religion, sexual orientation, Gender, Race, amongst that the NO FEAR Act also
protects those within the company and will not allow employees to be mistreated, punished, or fired
for informing authorities of misconduct in the company. When the Act is violated, a proper written
document must be reported to The National Labor Relations Board. In November of 2012 The
National Labor
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Whistleblowing In Nursing Essay
Whistle Blowing in Nursing The nursing profession is one of high moral and ethical values. The
cornerstone of the nursing profession is providing care for patients in their time of need and always
being a patient advocate. Like all fields of practice, nursing is not free from controversy and
concern. In times of conflict, it is important that nurses remember to advocate for the right choice,
even when faced with fear of retaliation or retribution. This is especially true when the conflict
involves patient care. Whistle blowing is categorized in two ways, either internal or external.
Internal whistle blowing involves a party within the organization reporting an issue or concern
through the chain of command in an attempt to resolve the issue from within. External whistle
blowing involves an outside party reporting an issue or concern, typically in a broad and public
manner. External whistle blowing is often more detrimental to an organization as the public becomes
aware of the issue and this exposure of wrong doing typically brings negative attention, which can
impact the organization's success. Regardless of the category, being the person responsible for
whistle–blowing takes a great deal of courage. The fear of retaliation is often debilitating, especially
in the work place as the fear of being fired or facing negative repercussions can have a huge impact
on an individual and their livelihood. This fear often prevents nurses from reporting issues and
concerns; however, it is important that, as nurses, the right choices is always advocated for.
Cultural Influences Whistle–blowing is extremely difficult; however, nurses in the minority often
have a higher chance of retaliation, not being taken seriously, or failing to report wrong doing as a
result of their respect for authority. Several minority cultures have been taught, through their cultural
norms, that challenging authority is not acceptable. This is particularly true in the Asian and African
culture. As a result of this cultural conditioning, when a member of authority is making decisions
that could potentially be dangerous to either patients or staff, the minority nurse is less likely to
challenge their decision. This issue is compounded if the

Glaxosmithklines Retaliation Against Cross-Border Sales of...
Case 1 :GlaxoSmithKlines Retaliation Against Cross–Border Sales of Prescription Drugs
Question1: what sort of power differential separated GSK from their customers?
Answer:
"GSK" According to its price differential strategy or price discrimination which is a sort of
Monopolistic market power was separated from its customers, this power came from where? GSK
had sufficient control over prescriptions drugs to determine significantly the terms on which other
individuals shall have access to it and this power make GSK able to alter market price of
prescription drugs in America.
Now I want to answer why GSK differential pricing was not successful and made separation
between GSK and its American customers? as we know a firm with market power ... Show more
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Costs of the decision included negative public perceptions of the firm and denial of treatment to
economically disadvantaged and uninsured consumers. the decision was ethical because the benefits
of new life saving drugs outweighed the costs of denial of treatment to the few. So GSK regarding to
its primary stakeholders was social responsible.
Rights. Using the rights method, an action or decision is considered ethical if it respects the rights of
the involved persons or groups. Basic human rights such as the right to life, safety, free speech,
freedom, to be informed, due process, property and others are protected and respected by ethical
decisions and actions. I think the higher U.S. prices as unethical utilizing the rights framework and
that it was unethical to price life–saving drugs so high that the people who needed them to live could
not afford them. So GSK regarding to give services to its old customers was not socially
responsible.
Justice. Consumers compare themselves to peers and believe them to be entitled to certain benefits
or outcomes. The discrepancy in price among their comparison group will result in feelings of
inequity. For most types of products, consumers will reduce the inequity by complaining or by
switching to another competitor. For prescription drugs, it might not be possible for the consumer to
switch to another competitor, thus the only option available to them was to

Analysis Of OSHAAnd FLSA
Employment Law
Throughout this paper you will get a brief summary over Occupational Safety and Health
Administration, as well as the Fair Labor Standards Act. Through professional experiences I have
ran into many violations regarding unsafe work environments, retaliation, and not receiving the
correct pay. Title VII, as well as OSHA prohibits retaliation against any employee, who has filed a
complaint. The Lily Ledbetter Fair Pay Act of 2009 gives employees the chance to file a complaint
of unfair pay, in hopes to receive their lost wages. As one may recognize these violations come with
many ethical issues such as, not putting employee's safety first, not paying employees, and leading
people to find the company as being untrustworthy. ... Show more content on Helpwriting.net ...
According to The Wage and Hour Division (2016) The Fair Labor Standards Act (FLSA) establishes
minimum wage, overtime pay, recordkeeping, and child labor standards affecting full–time and
part–time workers in the private sector and in federal, state, and local governments. The FLSA
requires employers to pay employees on a regular payday, in relation to the work period. Employers
must pay employees all hours worked per work week, without averaging or moving hours to
minimize overtime pay, each week stands alone. The Wage and Hour Division (2016) states
overtime must be paid at a rate of at least one and one=half times the employee's regular rate of pay
for each hour worked in a workweek in excess of the maximum allowable in a given type of
employment. Where violations exist in relation to overtime pay or minimum wage enforcement
through legal remedies go into effect, allowing employees to get paid back for their loss of wages, or
liquidated damages.
OSHA and FLSA Relationship to Professional Experiences
Working in the health care field there are many scenarios where OSHA may be violated. Prior to
moving to Colorado I worked as a Radiologic Technologist in a private Orthopedic Clinic. Working
in Ortho, we saw many patients who were no weight bearing. With that being said we had to get the
patients over to our x–ray table in order to complete certain exams. We did this

Defamation And Retaliation : Case Analysis
Defamation / Retaliation
62) When Defendant was wrongfully terminated and when reinstated, the State refused to allow him
to return to work.
63) When I went to newspapers and discussed the isses with them they were very excited to write a
article on this problem until after they talked with the
64) Instead of working with the Plaintiff the Defendant took a bid for approximately $2 million
more than ERI 's qualified bid.
65) When Plaintiff discussed the issues with a City Councilman and it interfered with that business
relationship.
66) When the Plaintiff went to newsgroups and the media the Defendant misrepresented the facts,
which caused the facts to be silenced. This has been an ongoing attempt to inform the public that has
occurred in the last year and has been forted.
67) When the City and or the State releases the FOIA documents requested further incidents of
Defamation may be discovered. There is no more powerful entity to be defamed by than the
government. The tentacles of the goverments influence reaches every houshold.
Qui Tam or False Claim
Plaintiff complains against defendant and for a fourth claim for relief alleges: Qua Tam
FACTS
68) Under Federal Color the Defendants administers the Solid Waste Rules, including but not
limited to 40 CFR, 42 US Code Chapter 82– Solid Waste Disposal, Resource Conservation and
Recovery Act (RCRA), Clean Water Act, ect1,2. These regulations would ensure that competitors
like the City do not under price the market by

Essay on Whistleblowing
Sharon Watkins earned her 15 minutes of fame the honest way, as the Enron employee who blew the
lid off of then CEO Ken Lay's debauchery. But for every celebrated whistleblower, there are
hundreds who remain in the shadows. And for good Samaritans who do tell their tale, the price they
pay can be exorbitant.
Whistleblowers perform in many careers and are found at all levels of an organization: scientists and
secretaries, lawyers and paralegals, managers and staff, security personnel and computer specialists,
etc. They are as varied in age, ethnic background, education, profession, sex, and income as the
population at large. ... Show more content on Helpwriting.net ...
The whistleblower him or herself must be carefully scrutinized. What are the personal and the
professional reputations of the whistleblower? What is the motive driving the whistleblower? Is it to
benefit the client or the organization, or is it a need for attention or revenge? Is the whistleblower's
cause seen as legitimate and significant by trustworthy colleagues and friends? Is the whistleblower
aware of the potential consequences of blowing the whistle and still willing to accept responsibility
for actions taken?
Unfortunately, during most of this century many people equated whistleblowers with tattle tales. For
instance, until the early 1980s, legal indices often listed the law of whistleblowing under the word
"snitch" or "informant." During the Nixon era, much of that negative attitude changed. With the
advent of Watergate, the public began to recognize the service whistleblowers were providing to
taxpayers at great risk to themselves.
Further, whistleblowing impacts not just the whistleblower but also their family and friends.
Although whistleblowers have many different backgrounds, skills,

Retaliation And The Title Vii Of The Civil Rights Act Of 1964
Retaliation and the Title VII of the Civil Rights Act of 1964
John R. Collins
Embry–Riddle Aeronautical University
MGMT 533 Social Responsibility, Ethics and Law
Daniel A. Papajcik
March 6, 2016
Introduction
Charges of workplace discrimination is said to be at an all time high. During the 2015 fiscal year the
U.S. Equal Employment Opportunity released information that claims there were more than 89,000
charges filed for workplace discrimination. One of the top ten charges is said to be retaliation, which
had an estimate 39,757 cases in 2015, which is 44.5 percent of all charges filed. Retaliation is said to
be in violation of the Title VII of the Civil Rights Act of 1964, For the purpose of this research paper
I will provide the understanding of both Acts, while also taking a case that deals with to provide the
basis of the case, the findings, and the outcome of the charges.
Title VII of the Civil Act of 1964 The Title VII of the Civil Rights Act of 1964 can be found in the
United States Code (Pub. L. 88–352) Volume 42.The basis of the act Title VII is to prevent
employment discrimination against race, color, religion, sex and national origin. Title VII prohibits
an employer from both (i) discriminating against an employee on the basis of sex, and (ii) retaliating
against an employee for complaining about prior discrimination or retaliation. According to the U.S.
Equal Employment Opportunity Commission, the purpose of the act is to enforce the

Causes Of Home Invasion
There are many reason home invasions occur and there are also several common motives that cause
home invasion robberies. One of the most obvious motives of home invasion is, "steal valuable
items, such as cash, drugs, or property, which can be sold for cash" (Heinonen & Eck,n.d). I believe
the second motives could deal with retaliation it could be dealing with someone wrong doing a
person or it could be also retaliation, "against a rival drug dealer, gang member, or domestic partner;
robbery is part of the retaliation"( Heinonen & Eck,n.d.). The last motives are cold to me because it
deals with sexual assault, which could cause robbery which was not intended but down to cover up
the sexual assault. The home invasion offenders have five characteristics

Research Misconduct Case Study
Here's your chance to show me all that you are learning, and my chance to make sure that we are on
track to meet the course learning goals. This assignment is designed to get you familiar with policies
at CU Denver, and gain experience navigating academic and government websites to locate this type
of information.
Read the CU Denver policy for research misconduct and either the Department of Health and
Human Services or National Science Foundation's policy for research misconduct and answer the
following questions:
1. What is the definition of research misconduct under each policy?
1. The University of Colorado Denver lists four different sections within its definition of research
misconduct. First, it lists research misconduct as any fabrication, ... Show more content on
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The National Science Foundation goes through the same definition as The University of Colorado
Denver by stating research misconduct includes falsification, fabrication and plagiarism when
proposing, performing, reviewing or reporting any research funded by the NSF. Also, it states
research misconduct does not include honest error of differences in opinion.
2. What is one key difference between the policies?
A very important key difference between these two definitions of research misconduct is the
National Science Foundation never mentions anything about protecting whistleblowers from
retaliation.
3. Do you feel this difference is important? Why or why not?
Yes, fell like this is a very important difference, because protecting whistleblowers should be
explicitly mentioned in the definition of research misconduct. Protecting retaliation against a
whistleblower confirms researchers are being kept honest and validates research is being done
ethically. If protection is not provided for whistleblowers, then individuals who are witnessing
research misconduct will be less likely to report an incidence in fear of retaliation. I do not think
properly defining research misconduct can be possible without including provisions to protect
individuals who are reporting these acts of falsification, fabrication and

Berman V Neo @ Ogilvy Llc Case Summary
II. The Circuit Split In September of this year, the second circuit's decision in Berman v
Neo@Ogilvy LLC created a circuit split with the fifth circuit's 2013 decision in Asadi v. G.E.
Energy (USA), L.L.C. Specifically, the two circuits disagreed about whether a whistleblower must
report externally to qualify for protection from employer retaliation under the Dodd–Frank Act. The
dispute arises from a conflict between two subsections of Dodd–Frank's whistleblower provisions,
namely the definition section and subsection (iii) of the anti–retaliation provision. The definition
section of the Dodd–Frank Act defines a whistleblower as someone who "provides . . . information
related to a violation of the securities law to the [Securities and Exchange] ... Show more content on
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7201 et seq.), this chapter, including section 78j–1(m) of this title, section 1513(e) of title 18, and
any other law, rule, or regulation subject to the jurisdiction of the Commission. These seemingly
conflicting provisions have led the Fifth Circuit to decide that internal whistleblowers are not
protected and the Second Circuit to decide that they are protected. The crux of the argument focuses
on whether or not the statute is ambiguous on this matter so as to warrant granting Chevron
deference to the SEC's rule. The SEC's final rule was promulgated in August 2011 under the
authority delegated to it by Congress. The rule itself states that you are a whistleblower if: (i) You
possess a reasonable belief that the information you are providing relates to a possible securities law
violation (or, where applicable, to a possible violation of the provisions set forth in 18 U.S.C.
1514A(a)) that has occurred, is ongoing, or is about to occur,

Discuss Three US Laws That Support Collective Bargaining
1. Define the term "collective bargaining" and list and describe four issues that are mandatory
components of a collective bargaining agreement.
According to Investopedia (N.D.), the term collective bargaining is the "Process of negotiating the
terms of employment between an employer and a group of workers." (Collective Bargaining, N.D.)
However, this covers much more, such as compensation, personnel policies and procedures,
employee rights and responsibilities, employer rights and responsibilities, union rights and
responsibilities, and dispute resolution and ongoing decisions making. (Budd, 2012, Pp. 11– 12)
Compensation: is one of the main factors in collective bargaining, not only does this cover the
standard pay and work hour for employees, ... Show more content on Helpwriting.net ...
According to an NOLO (N.D.), this kind of retaliation is prohibited and is subject to investigation
by the Equal Employment Opportunity Commissions. (Workplace Retaliation: What Are Your
Rights?) Retaliation for employers can include everything from giving the employee bad
performance evaluations, demotions, job reassignment and, in some cases termination. Retaliation
can also apply to any witnesses who may speak up on behalf of the

Sexual Discrimination: Article Analysis
This article explains sexual discrimination and its meaning. In this article, Jackson, a high school
teacher and girl's basketball coach, in Birmingham, Alabama, feels he was being discriminated
against because he confronted school officials about unfair treatment to his team. When he became
the girl's basketball coach, he noticed that the girl's team was not getting properly taken care of as
far as funding and equipment, like the boy's team. After noticing, Jackson talked about his concerns
to his school's supervisors. He was unsuccessful, instead, he received negative work evaluations and
was eventually fired or removed from being the girl's coach. He felt as if his position was taken
away in retaliation because of his complaint. He then brought a suit against the Birmingham Board
of Education with the complaint of retaliation because he complained about the unequal teams, and
that it was a violation of Title IX of the education amendments. ... Show more content on
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His suit was later dismissed on the grounds of the actual Title IX. It states that no one should be
discriminated on based on their sex, not retaliation. The district, the Eleventh Circuit, and the
appeals court all concluded that this was a case of retaliation, not sexual discrimination. There was
no Title IX violation. It was stated that Jackson's case was not accepted because he was an "indirect
victim of sexual discrimination." Yes, the girl's team was discriminated against, but he was no part
of the team. He was just the coach. It was wrong of the school supervisors to terminate him of his
position because he cared enough about his team to speak up about unfair treatment. Maybe if he
would have filed a suit on different grounds, he would have had a much better

Examples Of Vengeance In Beowulf
While today revenge is regarded as an impolite and impractical practice, in times past it was
normalized, even celebrated. Kazuo Ishiguro's The Buried Giant and the acclaimed Anglo–Saxon
poem Beowulf describe vengeance as a ceremonious cornerstone of British, Saxon, Geat, and
Danish society. In these societies partaking in revenge was widely regarded as noble and morally
upright, though from a modern perspective these acts of vengeance would be regarded a petty and
unjust. While characters in both The Buried Giant and Beowulf liberally practice and celebrate
revenge, Ishiguro and Beowulf's Anglo–Saxon author seem to critique the medium which their
characters observe.
The idea of vengeance is present throughout the entirety of The Buried Giant: each prominent
character partaking and celebrating their own retaliatory scheme. One notable example of vengeance
within the novel occurs between Axl and Beatrice. As the reader nears the end of the novel they
come to learn ... Show more content on Helpwriting.net ...
In fact, vengeance plays such a pinnacle role in Beowulf that Beowulf himself states, "It is always
better / to avenge dear ones than to indulge in mourning" (Beowulf, 1384–1385, 37). In an act of
retaliation for the terrorization of Herot, Bowulf seeks out, and eventually murders, Grendel.
Grendel's mother then attacks Herot, in retaliation for the murder of her son. Beowulf then kills
Grendel's mother to avenge those she killed during her conquest of Herot. Hrothgar encourages
Beowulf to seek out vengeance by saying, "My household guards / are on wane, fate sweeps them
away / into Grendel's clutches– but God can easily / halt these raids and harrowing attacks"
(Beowulf,476–469, 14). In this verse Hrothgar suggest that, with God's aide, Beowulf can easily
overtake Grendel. After slaying Grendel, Beowulf's victorious act of vengeance was celebrated with
a massive feast at Herot and rewarded with an invaluable amount of

Race-Discrimination Case Study
Three white employees (Lynette, Barret, W.T. Melton, and Treva Nickens) file suit against
Whirlpool Corp. The plaintiffs (Lynette, Barret, W.T. Melton, and Treva Nickens) (Lynette, Barret,
W.T. Melton, and Treva Nickens) alleged race–discriminated in violation of Title VII of the Civil
Rights Act of 1964 and §1981 and retaliation in violation of Title VII, based on befriending with and
advocacy on behalf of their African–American co–workers. The plaintiffs (Lynette, Barret, W.T.
Melton, and Treva Nickens) also claimed they were subject to hostile work environment based on
their association with the black employees. The District Court decision granted summary judgment
against all three Plaintiffs (Lynette, Barret, W.T. Melton, and Treva Nickens),

EEOC V. Zoria Foods, Inc.
Sexual harassment in the workplace has become more common in today's society and both men and
women can be victims of sexual harassment in the workplace. "A study conducted showed that out
of 20,000 employees surveyed, 42 percent of women and 15 percent of men responded that they had
experienced some form of sexual harassment in the workplace" (York, 1989, p. 831). Also, most
employee's do not say anything about the harassment because he/ she feels ashamed or feels that the
upper management will not believe his/ her story of the harassment, so many victims stay quiet until
he/ she has had enough. Another reason why employees do not come forward when sexual
harassment has occurred is because the employee is scared about how the employer will retaliate to
his/ her harassment complaint. The EEOC has implemented several laws to protect the employees
from discrimination, but these laws also protect the employees from retaliation. Retaliation can
occur when an employer punishes an employee from participating in legally protected activity
(Miles, Fleming, & McKinney, 2010). It is important to note some important cases in which
involved sexual harassment and retaliation and how the ruling ... Show more content on
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Zoria Foods, Inc., the components of sexual harassment and retaliation were very evident. The male
superiors of Z Foods, Inc. were sexual harassing the female workers and when the male and female
workers tried to report the harassment, they were fired. The female employees were given
promotions and raises for cooperating with the sexual acts. The EEOC ruled that sexual harassment
and the retaliation against the employees was a direct violation of Title VII of the Civil Rights Act of
1964. The law clearly states that an employer cannot discriminate against any employee because of
race, religion, sex, or age. The supervisors at Z Foods, Inc. were clearly discriminating against the
female workers in order to receive sexual advances to benefit

Captain Underpants And The Turbo Toilet 2000
As an editor for Random House Publishing, I have carefully evaluated and compiled evidence for
Captain Underpants and the Tyrannical Retaliation of the Turbo Toilet 2000. With the evidence I
have complied, it is a straightforward and simple decision to say that Captain Underpants and the
Tyrannical Retaliation of the Turbo Toilet 2000 would not be a suitable story book to publish
because it uses inappropriate language, does not have good educational content, and lacks
appropriate illustrations for the targeted age group of ages six to ten.
The use of inappropriate language and actions would outrage parents of the children reading Captain
Underpants and the Tyrannical Retaliation of the Turbo Toilet 2000 book. The language in this book
is completely unsuitable for the age ... Show more content on Helpwriting.net ...
The author has made up his own words and phrases, such as "Atomic Trans–Somgobulating
Yectofantriplutonizanziptomistic" (Pilkey 23). The author uses many slang words and phrases such
as "Yo! Big Melvin!" (Pilkey 63). In the beginning of the book, it states that Harold, George, and
Captain Underpants, who is also known as Mr. Krupps are involved in a bank robbery. This is not
something parents want their children learning to imitate and that it is okay. Many parents correct
the inappropriate actions of children. "George and Harold went out into the hallway [at school] and
started switching the letters around on a bulletin board" (Pilkey 149). This behavior is unacceptable,
and it would give children an idea to go around and intentionally vandalize. Vandalism is a serious
offense, and it should not be seen as tolerable as

Title Vii V Ford Motor Company
Question one
The legal allegations identified in the case are:
Sexual harassment
Racial harassment
Retaliation against employees who oppose discrimination or who participate in a Title VII process.
Most importantly, these allegations violate Title VII of the Civil Rights Act of 1964 (42 U.S.C.
§2000e et seq.) as amended, which prohibits discrimination in employment in hiring, firing,
compensation, and terms, conditions or privileges of employment based on Race, National origin,
Sex, Religion and Color.
Employers of fifteen or more employees, including state and local governments are subject to Title
VII, accordingly, this law applies to Ford which employs a total of 5500 employees in the two
plants.
The term "discriminate" means to distinguish, or to offer different treatment people on the bases of
color, race, national origin, sex or religion. This relevant statute makes it an unlawful for a covered
employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate
against any individual with respect to his compensation, terms, conditions, or privileges of
employment" based on race, color, sex, religion, or national origin. (42 U.S.C. §2000e–2(a)(1)).
Hence, Ford Motor company can in no way discriminate against employees based on race which is
numbered in the five categories of prohibition.
Further, Title VII's prohibition against sexual discrimination include sexual harassment. While it is
not emphatically mentioned in Title VII, sexual

Burke V. Negligence Case Summary
Arguments and Authorities Plaintiff, Deborah Burke, submits this memorandum in opposition to
Defendant Strickland Watson Pierce, P.C.'s Motion to Dismiss. Plaintiff's retaliation claim should
not be dismissed because she exhausted all the administrative remedies by filing a charge of
discrimination with the EEOC and being terminated during the investigation. Jones v. Calvert
Group, Ltd., 551 F.3d 297 (4th Cir. 2009); Clockedile v. New Hampshire Dept. of Corr., 245 F.3d 1
(1st Cir. 2001); Franceschi v. U.S. Dept. of Veterans Affairs, 514 F.3d 81 (1st Cir. 2008). Further, the
conduct she suffered in the workplace was sufficiently severe to qualify as a sexually hostile
environment. The Court should deny the motion. I. Plaintiff exhausted her ... Show more content on
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the retaliation is for filing the agency complaint itself." 245 F.3d at 6. Similar to Clockedile, where
retaliation consisted of relocation pending investigation, the retaliation in Plaintiff's case also
happened during the EEOC investigation. Id. at 2–3. Pl.'s Compl, ¶25–26, Jan 11 2016. Additionally,
Plaintiff's case is even more compelling, as the retaliation consisted of actual termination, and the
court in Clockedile considered relocation to a worse place enough to meet the standard. Id. While
this case was decided just a little before Morgan, the First Circuit upheld the same standard years
after Morgan in Franceschi by ruling that "a claim of retaliation for filing an administrative charge
with the EEOC is one of the narrow exceptions to the normal rule of exhaustion of administrative
remedies" and may be "bootstrapped" to the charge/s filed prior. 514 F.3d at 86–87. The plaintiff in
Franceschi did not exhaust their administrative remedies on the first charge as they did not wait to
receive the right–to–sue letter before suing; however, the Plaintiff meets the standard as they sued
for retaliation after exhausting their remedy by receiving the right–to–sue letter on the charge filed.
Id. at 86–87; Pl.'s Compl, 5–8, Jan 11,

Retaliation In Slavery
Question: How does Retaliation affect the British and the Colonists? In our study of the
Revolutionary War Era, we engaged in some pre Rev War work, with the events leading up to the
Revolutionary War, then went into Historical Fiction book clubs, watched and discussed the Sons of
Liberty and through all of this I have come to believe that... One of the ways I have seen Retaliation
throughout my notes is in "Sons of Liberty". For example, After the Boston Tea Party, the British
retaliated by killing multiple colonists in the village, and whipping Sam Adams. Next, After the
colonists stole the gun powder from the British, The british than declared war and killed multiple
americans. My third piece of evidence is, In Sons of Liberty, when Thomas Gage's wife had an
affair with Dr. ... Show more content on Helpwriting.net ...
Looking through history, I've noticed that riots and protests now, are close to the riots and protests
back in the late 1700's. For example, Now there are women's rights protests and african american
protests vs back then, when people were fighting for freedom. In the article "The Taxing King" King
George had this idea to teach the colonists a lesson. They levied taxes, and didn't listen to the
colonists complaints. The colonists got angry and retaliated with a war called "The War of
Independence. Although this was different to the Revolutionary War, it was one of the many events
leading up to it. I am starting to think my book "My Brother Sam is Dead", relates to Beth's book
"Glory Field" because In my book Mr. Meeker, Sam's dad, get shipped off on a boat to England after
he gets kidnapped and gets killed, I see this as a connection because, in Beth's book Mohammed was
a slave, he also got shipped on a different boat to America. I've realized that both characters were
taken from their

An Examination Of The Colonist 's Retaliation Against...
An Examination of the Colonist's Retaliation against British Crown's Taxation The American
colonies were justified in their response to the taxes King George III and Parliament applied on the
colonist as Britain allowed this new world to form its own reality and sense of independence by
refusing to financially support the colonies and ignoring the large gap that developed over time
between the colonies and Britain. For years Britain's economy reaped the rewards of financial gain
through the laws of the Navigation Acts which forced the use of only British vessels for trade
between the Britain and its colonies and the Triangle Trade which Britain and its colonies and Africa
traded between themselves for slaves, raw goods and manufactured products. During this time
Britain's concern for a relationship with its colonies diminished and as time passed so did the
colonists sense of being British. As more immigrants from other nations settled in the colonies and
children born in this new land became adults, being British lessened. This new blended generation
romanced new religious ideas and explored theories on free will and democracy during the
Enlightenment period, which led to the disenchantment of the colonies with a monarch led
government. Britain struggled with control and power over the colonies as it became unclear who
was governing the colonies and Britain focused only on its laws over shipping and British ports to
maintain funds for the crown and soon neglected

Case Analysis: Role of the EEOC
Equal Employment Introduction Lauren Goldston, an employee at Sangria's Mexican Café, a
restaurant in Tucker, Georgia complained of being sexually harassed by a male cook at the
restaurant. The cook engaged in unwelcome sexual advances, remarks, and inappropriate touching.
Goldston reported the conduct to the restaurant's owner. Goldston's mother, Sara, aunt Francesca,
and uncle, Max, all worked at the restaurant as well. They also reported the sexual harassment on
numerous occasions. Instead of ending the harassment, the restaurant terminated the Goldstons in
retaliation for reporting the misconduct. The family reported the restaurant to the Equal
Employment Opportunity Commission (EEOC). One presumes that the EEOC investigated and
substantiated the charges, and then unsuccessfully attempted to settle the charges with the employer,
though those facts are not detailed in the press release or the news article. The EEOC ended up
bringing suit against the restaurant. At a jury trial, the jury returned a $51,700 verdict in favor of the
family, which included back pay, compensatory, and punitive damages (EEOC, EEOC wins jury,
2012). Compliance Issue What is interesting about this lawsuit is that it actually focuses on two
separate compliance issues, both enforced by the Equal Employment Opportunity Commission:
sexual harassment and retaliation. The underlying issue was the sexual harassment that Goldston
alleged was occurring. The substantive issue became the fact

Code Of Hammurabi Essay
Hammurabi was the king of ancient Babylon who saw a need for laws in his land. His written laws,
or Hammurabi's Code, as they are known today, are what made Babylon such a successful kingdom.
The Code was used to issue justice in all situations regarding the people of Babylon by the method
of retaliation.
Every written law in Hammurabi's Code is connected with the Law of Retaliation. The most basic
example of the law of retaliation is the famous saying "an eye for an eye, a tooth for a tooth." The
majority of the code of laws in Hammurabi's Code all deal with some sort or form of retaliation. For
example, the eighth code deals with what would happen to a thief if he were to steal someone's
livestock. The thief, if able, would have to pay tenfold in return for his crime, but if he was not able
to pay he would be put to death ("The Code of Hammurabi"). Basically, according to Hammurabi's
Code a law of retaliation is one ... Show more content on Helpwriting.net ...
Since Babylon was a hierarchy, there were three basic social classes in Babylon: the King and his
nobles, freed men, and slaves. The King was the wealthiest of all the people and had the most
power. The freed men of Babylon were merchants and workers who helped keep the economy
strong. Then there were slaves who would be worth nothing if not for their free labor. The Code
shows how free men and slaves were treated differently because of their social status. The majority
of the Code had different punishments for a free person than for a slave. Codes 203 and 205 show
how people were treated differently based on their social status. Code 203 states that if a free man
strikes another free man he has to pay money to be forgiven, but according to law 205 if a slave
were to strike a free man his ear would be cut off ("The Code of Hammurabi"). These provisions
show how the social classes of Babylon directly affected how people were treated and how they
were to payback their

What Is The Righteousness Of Socrates Refutations To The...
According to the dictionary of Cambridge "retaliation" is to do something bad to someone because
they have done something bad to you. In other words, it is to punish your wrongdoer in your own
way at least to an extent of your injury in return of that particular wrong and unjust action which has
been made against you. At old ages in the absence of penal codes and strong judicial institutions,
that law of retaliation had been the rule for people in order to provide criminal justice in the form of
"eye for an eye tooth for a tooth" philosophy. In the dialog Socrates essentially advocates that
retaliation is not a just way to achieve justice thus one shouldn't commit wrong acts in return of
wrong and unjust behaviors (49b). The purpose of this essay is to demonstrate the righteousness of
Socrates' refutations to the mentality of retaliation, through various principles such as "one should
always behave virtuously no matter what circumstances are for the good life is the just life", "two
wrongs does not make one right", "the vengeance and retaliation are not proper methods to provide
justice no matter what the majority thinks" and "fair and independent courts should verdict
guiltiness and penalties, not individuals". ... Show more content on Helpwriting.net ...
(45c). Socrates' response to Crito is that it is not the life in itself the most important thing but the
good, beautiful and just life (51b). Hereby, we should not value the life itself but the just and the
good life. To live a just life should be our sole priority; we should rather die by living a just life than
to settle for an unjust life just for the sake of mere living. For leading a life which can be called as
"just life" we should fulfill our agreements which are just (49e) and only commit right actions no
matter what the conditions

Building A Facie Case For Retaliation
Dean Washington stated her desire to withdraw her recommendation for Mr. Richardson's promotion
and her desire fire him is for what she describes as "unprofessionalism" of his involving the police
in an office matter causing unnecessary disruptiveness to the work place. The Dean taking such an
action could open the university up to an additional retaliation claim. In Litigating employment
discrimination cases, Andrew Friedman explains that anti–discrimination laws also contain
provisions prohibiting retaliation against engaging in a constitutionally protected activity, such as
filing a sexually harassment claim. He further explains that "to establish a prima facie case for
retaliation, an employee must show 1) that she engaged in a protected activity; 2) that an adverse
employment action occurred; and 3) that a causal link existed between that protected activity and the
adverse action" (Friedman, 2012). For the causal link there has to be knowledge of the protected
activity taking place at the time of the adverse action and it has a lot to do with the amount of time
between the two actions taking place (Friedman, 2012).
As involving the police its self is not a protected activity and Dean Washington could go ahead with
her desired actions; but it would not be advisable. Since Mr. Richardson only involved the police
after he had exhausted all his resources at the university, he did so out of fear for his personal
welfare, it was a result of the original sexually harassment

NYPD Whistleblower Retaliation – Detective Labeled A Rat...
In 2005 NYPD Detective, first grade, James E. Griffith called internal affairs to report he was being
pressured by a fellow officer to lie and take the blame during an internal inquiry for the mishandling
of a homicide investigation by his unit (Goldstein, 2012). Another detective and union official
claimed in his deposition that Griffin was a rat because he went to internal affairs instead of the
union (Marzulli, 2013). According to the United States District Court Eastern District of New York's
memorandum of decision the retaliation was immediate, included adverse personnel actions and
continued though out his career in different units until Detective Griffith was effectively forced to
retire due to the harassment in 2009 (James Griffin ... Show more content on Helpwriting.net ...
"...while few indulge themselves in outright evil and fewer still in righteousness, people are
evidently influenced by authority, by apathy, by thoughtlessness, and by their environment (Geuras
& Garofalo, 2011, p. 112).The immediate supervisors at every post Griffith was assigned or escaped
to participated in the retribution by instigating and allowing the personal slurs, destruction of
property, the withholding or denial of benefits, and the refusal of other officers to work with Griffith
diminishing his ability to do his job. The very division Griffith went to in the first place, internal
affairs, was unable or unwilling to step in and hold anybody accountable for this behavior which
created a hostile working environment and promoted a universal unethical culture.
In this instance, Griffith would not be sheltered from retaliation under the traditional state and
federal whistleblower laws. Federal laws generally protect those that disclose fraud against the
government and state law NY Code 740 covers private sector and only when the complaint has been
brought to the supervisor first. In the complaint against the State of New York et al the District Court
ruled that Griffith's first amendment rights and first amendment retaliation claims would not be
summarily dismissed.
For four years, NYPD Detective first grade, James Griffith was ridiculed, belittled deprived of
benefits and generally persecuted for disclosing unethical and possibly illegal conduct to internal

Hamlet's Retaliation Face Analysis
Hamlet's Retaliation Face As the bright warm sun rises from the ground, the gray shadow of the late
King Hamlet rushes back to purgancy. Hamlet's mind is boggled with what he was told, then
suddenly is filled with insane thoughts. In the book Hamlet, written by William Shakespeare.
Hamlet is on a quest for dank memes and continuously over thinks how to avenge his father's death.
While late King Hamlet was sleeping on a tree in his orchard, Claudius, King Hamlet's brother
sneakily pours a vile of poison into the king's ear which slowly kills him. Hamlet was vigorously
driven by revenge when he found out who murdered his father. Hamlet had the right to be angry
with the people in his life, and that anger lead to his horrible actions. For ... Show more content on
Helpwriting.net ...
What is the son of a king suppose to say to a sponge?" (Shakespeare 217). Hamlet insults them
because Rosencrantz and Guildenstern are suppose to be his friends, but they go behind Hamlet's
back to get information about Hamlet's feelings, so they can report the details they sucked up to
Claudius. As a result, people are not only making him angry but are betraying Hamlet. Aside from
making Hamlet upset, the people he truly cares about have been betraying him. For instance, when
Hamlet was alone in a room, Hamlet said to himself, "yet even so, within a month of my father's
death, even pancakes before she had broken in the shoes she wore to his funeral... there she was
marrying my uncle, my father's brother," (Shakespeare 29). Hamlet feels this abandonment from his
mother because Hamlet is still depressed and his mother quickly moved on and married her brother–
in law. Hamlet is hurt that she did not help him overcome his father's death and she only cared about
herself and her happiness. In addition, Hamlet is not only deceived by his mother, but also by his
girlfriend Ophelia. In the same way, when Polonius and Ophelia were speaking, Ophelia agreed by
saying, "i'll do as you say father," (Shakespeare 49). Ophelia letting down Hamlet by obeying her
father because she needed to stop taking and distant herself from Hamlet when he needs her the
most which caused him to act in a foul way. Even though Hamlet has been emotionally unstable, he
was also inspired by others to take

EEO Retaliation Case Study
Retaliation is the most common supposed basis of discernment within the federal area and the most
shared discernment within the filed cases. Retaliation particularly occupies 42 percent of all the
discrimination cases within the federal sector [20]. The EECO policies forbid actions that are
intended to punish employees or those that are applying for emphasizing their privileges to attaining
liberation from any kind of discrimination that incorporates harassment. Emphasizing these kinds of
EEO privileges is commonly referred to as protected activity which can occupy different forms [21].
For instance, it is particularly unacceptable legally to retaliate against workers for being a witness or
filing objections in an EEO case, investigation, lawsuit

Ec's Preferential Banana Importation Treatment
EC–BANANAS III
The case concerns the ECʼs preferential banana importation treatment to certain African, Caribbean
and Paciﬁc (ACP) countries. The Appellate Body upheld the panel's ruling that the ECʼs regime for
importation, sale and distribution of bananas was inconsistent with certain GATT Articles.17)
Ecuador, one of the complaining countries, sought to retaliate against the EC when the latter was
found, by a compliance panel under DSU Article 21.5, to have failed to implement the DSB rulings.
The crucial element in Ecuador's request was that it was the ﬁrst case where a complaining party
requested to retaliate under the TRIPS Agreement. The arbitration panel found that Ecuador could
request authorization to suspend its concessions or other obligations in certain sectors under the
TRIPS Agreement, with the level not exceeding US $201.6 million per year.
Although DSU has usually made it easier for disputes to be resolved rapidly, EC–Bananas is an
exception to this experience. The EU kept prolonging the dispute by repeatedly reforming its banana
regime without making it fully WTO compliant, thus provoking renewed consultations and litigation
after each reform. Ecuador and its developing country co–plaintiffs were unable to force the EU into
compliance. This may partly be due to the fact that Ecuador did not make use of its cross–retaliation
rights granted by the DSB in 2000. Even retaliation to its full potential by Ecuador may not have
succeeded in bringing about EU

Smoot Hawley Tariff Essay
Smoot Hawley Tariff: A Destructive Contribution
Farmers all through the 1920s had experienced "intense competition and declining prices because of
overproduction [;] U.S. agricultural interests lobbied the federal government for protection against
agricultural imports" (Britannica 2015). Herbert Hoover had sided with the farmers in raising
Agricultural tariffs that eventually led to his presidency and signing of the act. This Smoot Hawley
Tariff as it was called would "increase the cost of imported goods so that U.S. consumers would
spend their money on U.S. products" in turn would save U.S. jobs in "import competing industries"
(Suranovic 2012). The act went through various revisions leading up to the presidents signing that
rose tariffs for ... Show more content on Helpwriting.net ...
The tariff indeed contributed to the Great Depression by destroying international that made
economic growth here and in many countries impossible. As foreign nations retaliated against the
tariff, U.S. exports and imports were set to a declining rate. Countless sectors of the economy were
hurt, as we were not selling enough goods in the world market leading many industries like
agriculture to collapse. With the collapse of industries came unemployment leaving many families to
struggle to get through day–to–day life. Many of the Americans lost their money due to bank
failures happening one after the other. Today we try to practice a more safe approach on trade, which
is free trade. The tariff was an act of Protectionism and it failed to protect what it was meant to
protect, hurting farmers and eventually spreading across the U.S. The Smoot Hawley tariff may have
not been necessary but in all it was timing that had lead this act to prolong the Great

An Evaluation Of A Case For A Company Without Violating...
sanctions collected. In the year following the implementation of the incentive provisions, a
whistleblower fund of $452 million dollars was put in place. The possibility of qualifying for a
significant whistleblowing award has been incentivizing some employees to bypass internal
reporting controls in favor of reporting directly to the SEC. Corporate attorneys have to deal with
employees that choose to bypass internal reporting and compliance and must also adapt with the
changing landscape of whistleblower law to make sure they are protecting the company without
violating employee rights. In–house attorneys face a dynamic workplace environment as protections
for whistleblowers continue to expand. One way courts may expand these protections is by relaxing
the requisite specificity of whistleblower claims. In Sylvester v. Parexel Int'l, Inc., the
Administrative Review Board (ARB) reversed a line of decisions requiring the allegation in a SOX
whistleblower claim to "definitively and specifically" relate to shareholder fraud. The ARB noted
that the heightened pleading standards for complaints filed in federal court, as established by the
Supreme Court's holdings in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, do not apply to
SOX whistleblowing complaints. Instead, SOX complaints begin with the Occupational Safety and
Health Administration (OSHA) and are not subject to the Federal Rules of Civil Procedure. The
board determined that the implementing regulations of SOX

Significance of Cuban Missile Crisis
Significance of Cuban Missile Crisis
–This was an intense period where nuclear war could break out at any time.
–A rash decision by any side could spark off war between the USSR and USA and in turn nuclear
weapons might be deployed.
–Fortunately, the leaders made rational decisions to resolve the crisis.
–After the Cuban missile crisis, both sides realized the danger of nuclear war and began to talk more
about peaceful co–existence.
–A hotline was established bet the USSR & the USA to make immediate telephone
communication easier.
–This is to allow leaders from both sides to communicate more effectively and prevent any events
like the Cuban missile crisis from happening again
–It marked the beginning of a thaw, albeit a ... Show more content on Helpwriting.net ...
–Implemented by John F. Kennedy in 1961 to address the Kennedy administration's skepticism of
the previous administration's nuclear strategy.
–Flexible response represented a capability to fight across all spectrums of warfare.
–Policy options available short of nuclear annihilation.
Nuclear Triad
–Provides the best level of deterrence from attack.
–Nuclear arsenal with 3 components: * Strategic bombers * ICBMs * SLBMs
Arms Control
–Meant to break the security dilemma.
–It aims at mutual security between partners and overall stability (be it in a crisis situation, a grand–
strategy, or stability to put an end to an arms race).
Other than stability, arms control comes with cost reduction and damage limitation.
–It is conceptually differentiated from disarmament since the maintenance of stability might allow
for mutually controlled armament and does not take a peace–without–weapons–stance.
–A defensive strategy in principle, since transparency, equality, and stability do not fit into an
offensive strategy.
US and Soviet Nuclear Strategy
–Dominant view in the US:
–War if not deterred, can be won by disrupting the enemy's capacity for war & undermining his
will to fight – by attacking primarily the economic & population resources.

–Undermine economic foundations of the enemy's ability and will to fight.
–Soviet rejection of reliance on a strategy of

Equal Employment Opportunity At The Institute
SECTION II –Diversity–
Equal Employment Opportunity
The Institute provides equal employment opportunities (EEO) in all our employment practices to all
employees and applicants for employment without regard to race, color, religion, national origin,
gender, age, sexual orientation, gender identity, disability, genetic information, marital status,
military status, or any other category protected by federal, state, or local laws. This includes
prohibiting unlawful discrimination against those associated with or perceived to belong to a
protected class, whether or not an employee actually falls into such class. The Institute 's EEO
practices are upheld in every location that it operates and in all aspects of the employment
relationship, ... Show more content on Helpwriting.net ...
The Institute will take reasonable measures to accommodate such employees ' needs.
Americans with Disabilities Act Policy Statement
The Institute is committed to complying with all applicable provisions of the Americans With
Disabilities Act ("ADA"). It is the Institute 's policy not to discriminate against any qualified
employee or applicant with regard to any terms or conditions of employment because of such
individual 's disability or perceived disability so long as the employee can perform the essential
functions of the job. Consistent with this policy of nondiscrimination, the Institute will provide
reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who
has made the Institute aware of his or her disability, provided that such accommodation does not
constitute an undue hardship on the Institute.
Employees with a disability who believe they need a reasonable accommodation to perform the
essential functions of their job should contact the Human Resources Department. The Institute
encourages individuals with disabilities to come forward and request reasonable accommodation.
Procedure for Requesting an Accommodation
On receipt of an accommodation request, a member of the Human Resources Department and your
supervisor will meet with you to discuss and identify the precise limitations resulting from the
disability and the potential accommodation that The

Kasten Vs St-Gobain
Human Resource Cases Involving Retaliation Case 1: Kasten v Saint–Gobain Performance Plastics
Corporation Case 2: Texas Oil Field Services Company Pays $30,000 to Settle EEOC Retaliation
Suit September 13, 2015 By: Jessica York Case 1: Kasten v Saint–Gobain Performance Plastics
Corporation The employee in this case had made a complaint to his "supervisor about the placement
of time clocks at work" (http://www.shrm.org/publications/hrnews/pages/casesguidanceforhr.aspx).
According to the Supreme Court Syllabus, Saint–Gobain's side of the story is that "Kasten never
made any significant complaint about the time clock location"
(http://www.supremecourt.gov/opinions/10pdf/09–834.pdf). ... Show more content on
Helpwriting.net ...
This ended with the employee being paid a $30,000 settlement to settle the case"
(http://www.eeoc.gov/eeoc/newsroom/release/9–2–15a.cfm). I agree with the verdict that the
employee should be awarded a lump sum of money because it's not fair that she was terminated after
the complaint. Human Resources should have followed protocol immediately and not fired her
because she made a complaint. I think that the employee handled the situation as she should have.
Sometimes there is no way to avoid a legal issue. The law covering the retaliation issue on the
sexual harassment case would be "Title VII of the Civil Rights Act of 1964 is a federal law that
prohibits employers from discriminating against employees on the basis of sex, race, color, national
origin, and religion. It generally applies to employers with 15 or more employees, including federal,
state, and local governments" (http://www.eeoc.gov/laws/statutes/titlevii.cfm) The issue must be
handled according to protocol no matter what. This will affect my job as I will be called in to testify
in court and have to keep it a private matter as I work in Human Resources. Works Cited

Palo Devo Healthcare Case
The Palo Verde Healthcare District (along with three of its board members) were happy to receive a
victorious result recently from the U.S. District Court's final ruling in their favor. The court ruled
that the plaintiffs in the retaliation lawsuit, Peter Klune, Dennis Rutherford and Tara Barth, were not
able to sufficiently prove their claims of retaliation. In their ruling, the court made it clear that they
felt that the plaintiffs failed to meet the burden of proof against the hospital and the three board
members: Samuel Burton, Trina Sartin and Sandra Hudson. The hospital and its board members
stated that the entire ordeal was taken very seriously and that they were very gratified by the final
ruling. They also stated that they are ... Show more content on Helpwriting.net ...
The three were terminated from their positions at Palo Verde Healthcare District allegedly in
retaliation for their reporting of certain unlawful activities at the facility. In April, the case had a
bench trial with both sides spending the time since waiting on the final ruling from the judge. The
case was based on plaintiff claims that they were engaged in protected activity of investigating
potential false claims submitted by the hospital to the government. According to the suit filed, a
doctor on site was involved in a kickback agreement with the hospital anesthesiologist, Dr. Brad
Barth, the husband of one of the plaintiffs in the case. Other violations were also alleged and
reported to the U.S. Attorney, the Riverside County District Attorney and Office of Inspector
General of the U.S. Health and Human Services Agency. These other accusations included:
Violations of Federal False Claim Act (attempts to stop appropriate actions to stop or report
violations of the law). Violations of the California False Claims Act (when illegal activities were
reported against the district). Intentionally causing emotional

Disadvantages Of Sexual Harassment
Think about having to be forced or coerced to demeaning and misappropriate conduct day in and out
because you fear losing your job or being demoted to a less desirable position. Focus on how many
victims of sexual harassment underwent calling out sick so that they would not have to be
manipulated into doing acts that were degrading and immoral with someone they believed they
could trust, like their supervisor. Moreover, walking into an atmosphere where work is not fun, but
stressful and causes you much anguish and dissatisfaction, only because you are having to undergo
much discomfort and shameful acts. Further, think about the thought of walking into your office
everyday in anxiety and fear because you need your job and want your job. However, but you did
not ask for the unwelcome sexual gestures, inappropriate touching, pressure to perform certain
unlawful duties or be given stipulations such as do as you are told and instructed or be terminated.
All the more, this is what many of the past case victims were accustomed to and subjected to each
day while in the workplace. Consequently, this is what many victims of sexual harassment endure
each day because they are too afraid to stand up and say anything to anyone because of fear of not
being believed, afraid of losing their jobs, or generally because they were not sure what could be
done.
Even before sexual harassment and retaliation become widely known terms it was very much
present and prevalent in many organizations.

Mr Boseman Summary
Mr. Boseman did show a form of sexual discrimination, which was determined by him not paying
Julia Kate the same as the other three men in her office. Kate's letter is asking for her pay to be
reviewed and changed so it is not showing discrimination in her work. I agree that some people
should be paid based on their qualifications and responsibilities. For example, "rational (and legal)
compensation systems set and adjust pay levels based on a number of factors, including the
credentials, experience supervisory responsibilities, and of course the job performance of the
incumbents" (Thorne, Ferrell, & Ferrell, 2011). If the job does not list that you have to have a
particular degree to do the job, the individual that has a degree should not

The Burlington Case Paper
The Burlington case was able to expand the scope of retaliation where it was found out that the anti–
retaliation provision and Title VII's substantive retaliation that include factors to do with gender
discrimination (Gillet, Colombat, Michinov, Pronost, & Fouquereau, 2013). The case was therefore
in a position to achieve the wider protection of the employees within the organizations within which
they work as it makes it necessary for the protection of the employees from the different cases of
discrimination within their respective courses. Employees are also protected from legal risks in
cases where they might be subjected to unlawful retaliation an example being a situation where they
are excluded from organizational meetings modifying the job duties of an employee, an employee
being given a negative performance appraisal, or transferring an employee to shift with less
desirable working hours.
Along with other anti–discrimination legislation, the retaliation statute played the role of protecting
employees from actions that can be termed as being unjust in their respective workplaces as such
actions could have negative impacts on their respective levels of performance in the organization
(Tabak & Hendy, 2016). The efforts were meant to constrain factors within the ... Show more
content on Helpwriting.net ...
(2013). Procedural justice, supervisor autonomy support, work satisfaction, organizational
identification and job performance: the mediating role of need satisfaction and perceived
organizational support. J Adv Nurs, n/a–n/a.
Tabak, F. & Hendy, N. (2016). Work Engagement: Trust as a Mediator of the Impact of
Organizational Job Embeddedness and Perceived Organizational Support. Organization
Management Journal, 13(1), 21–31.
Wibowo, p. (2015). Work Engagement in the Work Place: The Role of Procedural Justice, Perceived
Organizational Support and Organizational Trust. Advances In Social Sciences Research Journal,

Filing A Timely Charge Is An Exception Under...
I. Burke exhausted her administrative remedies because the retaliation claim is an exception under
administrative requirements as it grew out of the allegations from the initial EEOC claim.
"Filing a timely charge is a prerequisite to having an actionable claim." Nat 'l R.R. Passenger Corp.
v. Morgan, 536 U.S. 101, 120 (2002). A plaintiff must file charges with the EEOC for either
discriminatory or retaliatory acts no later than 180 or 300 days after their occurrence. Id. at 122.
Untimely claims filed with the EEOC will be dismissed in court, even if related to timely retaliatory
or discriminatory EEOC charges filed in court. Id. at 113. In Morgan, the court argues that the
statutory time restriction furthers the policy of ... Show more content on Helpwriting.net ...
of Corr., 245 F.3d 1, 6 (1st Cir. 2001). Thus, if a plaintiff was retaliated against after filing an EEOC
charge, the standard is met. Id. Years later, the First circuit similarly held that "a claim of retaliation
for filing an administrative charge with the EEOC is one of the narrow exceptions to the normal rule
of exhaustion of administrative remedies" and may be "bootstrapped" to the charge/s filed before.
514 F.3d at 86–87. The standard is met if a plaintiff files a charge with the EEOC and then files a
retaliatory claim with the court after receiving the right–to–sue letter on the first charge. Id.
However, the Eighth and Tenth circuits held that a plaintiff did not exhaust their administrative
remedies unless they filed a separate retaliation charge with the EEOC. E.g. Richter v. Advance
Auto Parts, Inc., 686 F.3d 847, 851–54 (8th Cir. 2012). Thus, there is a circuit split on whether the
rule from Morgan also applies to retaliatory acts that occur after filing an EEOC charge. Id. The
Court should follow the First and Fourth circuit holding. Whether the retaliation occurs after filing
an EEOC charge or is the culmination of retaliatory conduct alleged already in a prior EEOC charge,
"a plaintiff should be excused from exhausting claims alleging retaliation for the filling of a
previous EEOC charge" mostly because they "would be expected to be gun shy about incurring
further retaliation after an additional EEOC charge." 551 F.3d at 302. The court in

Burlington Northern Case Summary
The Burlington Northern vs. White was a point of clarification for employment retaliation and
harassment claims. Two important issues were solved with the disposition of this case. The first
issue was that actionable claims of retaliation most be workplace related (Chewning, 2007). The
second is what level raises to the level of adverse action against an employee by an employer.
This case placed retaliation on the same level as discrimination as a matter that is against federal law
(BERNSTEIN, 2008). After Sheila White reported that her supervision was engaging in harassment
against her at work, her position was moved from a forklift operator to a track laborer (Fraser &
Simkins, 2010). In terms of retaliation, moving her from a forklift operator to track laborer, any ...
Show more content on Helpwriting.net ...
This case made it clear that an employee did not have to be terminated or some other heavy adverse
action to make a federal retaliation claim. Because retaliation can be considered as anything that
brings harm to an employee in the workplace, it allowed employees a wider scope on what could be
considered adverse employment actions.
After this case, it states that any actions that an employer takes against an employee that is
considered adverse is retaliation. The intent of the law is to make sure that employers can not take
adverse actions against employee that will discourage them from reporting unlawful behaviors.
When Burlington moved Sheila from an easier position to a more labor extensive job that is
considered a slight against her. Sheila was also accused of insubordination which was false. The
false claim lead to her being suspended without pay for more than a month. Before this case, there
had to be an adverse action that disadvantaged the employee due to discrimination. In this case,
Sheila did not lose pay after her demotion, and was not fired from her job. Any pay she lost due to
the false charge was reinstated through internally corrective measurement. Based on the old
standards,

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