Statute And Case Law Relationship Essay

1030 words - 4 pages

This paper provide a brief summary and identify the statute pertaining to race discrimination between Dayton, Police Department and Police Major Barbara Temple.This writer will provide a brief summary and identify the statue pertaining to race discrimination in this law case study. This writer will also explain and examine how the statue is related to this case study. Final this writer will deliver an outcome of the case involving Case #49: Dayton, Ohio Police Department vs. Police Major Barbara Temple.Statutory BasisTo begin the writer must first describe the statue that is in question. Below is a brief summary explaining the statue in detail. Dayton, Ohio Police Major Temple filed a lawsuit pertaining to this statue. This case is very interested because it adds a twist to how the statue was design in the first place.Title VII of the Civil Right Act of 1964(a) It shall be an unlawful employment practice for an employer-(1) 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, because of such individual's race, color, religion, sex, or national origin: or(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his statute as an employee, because of such individual's race, color, religion, sex or national origin. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. sec 2000e et seq., 703(a)The Civil Rights Act of 1964 prohibits discrimination in housing, education, employment, public accommodations, and the receipt of federal funds on the basis or race, color, gender, national origin, or religion. Although five categories of discrimination are included in this law, racial discrimination was truly the moving force for its enactment. The face of the workplace has changed dramatically since the passage of this act. (University of Phoenix, 2003)Reverse Racial Discrimination SuitFormer Dayton Police Major Barbara Temple is white. She spent 27 years of honorable service with the Dayton, Ohio Police Department. In 2002, she was a strong and well-qualified candidate to become Chief of the Dayton Police Department. In 2002 election, the City of Dayton instead selected her black competitor, William McManus to be "Chief". As one could imagine Major Temple was upset about the election, and choose to move on. There were friction between the two and they were unable to work together. For example, Major Temple was ordered to wear uniform, but she continue wearing civilian clothes, she failed to follow up on citizen complaints a week after he(the newly elected chief) referred it to her, and she shook her head in disagreement during shift briefing. At a staff meeting McManus stated, in the present of Ms. Temple, "he felt Major Temple would not be a good fit' for his...

Find Another Essay On Statute and Case Law Relationship

Relationship between law and justice Essay

1351 words - 5 pages Law and justice are often misconstrued as being one and the same thing. This however, is a fallacy and even though the two have symbiotic relationship, they cannot be considered as the same thing. A relationship does exist between law and justice and as they are not mutually exclusive and I will try and highlight this relationship in the following paragraphs. In order to understand the nature of the relationship between law and justice, we

Critically discuss whether prerogative powers exercised by ministers should be codified in statute. - Constitutional and Administrative Law - Essay

2151 words - 9 pages Parliament or the public having any representation in terms of whether not they agree to the use of the power [footnoteRef:3] this has led to the question of whether prerogative powers specifically exercised by ministers should be codified in statute. The evidence presented in several reports for e case of codification of prerogative powers is strong and in my opinion overwhelming, [1: .A.V.Dicey, Introduction to the Study of the Law of the

Relationship between Aboriginal law and state and commonwealth law

900 words - 4 pages decide in a case where aboriginal customary law is involved and is contrasting Australian state law.We can conclude that the relationship of Aboriginal law and state and commonwealth law has improved greatly over time, but there can still be changes made to improve the relationship.Bibliography: Barker and

The relationship between human rights and common law

2505 words - 10 pages with contemporary notions of ...human rights if their adoption would fracture the skeleton of principle which gives the body of our law its shape and internal consistency.Brennan J, then went on to state that the ability to distinguish between cases which contain a skeletal principle and those which do not is impossible, however a case cannot be bound to a rule of law where that rule "seriously offends the values of justice and human rights" . A

The Relationship Between the Law and Your School

1318 words - 6 pages Discovering the Relationship between the Law and My School Attempting to obtain information about the district lawyer was harder than I thought. Not lot information was provided. According to the administrators usually in an elementary setting are not so common encounter litigations. Because I was not able to contact the district’s lawyer, the administrator assist me answering some of the questions presented here. The relationship between the

Discovering The Relationship Between the Law and Your School

912 words - 4 pages Abstract Today schools are changing to integrate the 21st century. Therefore, it is imperative that educational administrators are aware of the legal framework facing the issues in schools. There are many issues the administrators will face and they must know the constitutional rights of individuals and the school. The Constitution contains the laws of the United States. Discovering the Relationship between the Law and Your School There

Australian Law and Business - case study

2464 words - 10 pages the Legal position under the Contract Law regarding the above situation and followed by relevant recommendations.Legal position under the Law of ContractFirst, we will look into whether there is a valid contract between Jack and Albert.Jack is a taxi driver and he is stationed at the Toowoomba Railway Station for picking up passenger at the material time. As Jack and Albert do not know each other, and Albert did not make any appointment with

Employment Law Case Presentation and Analysis

1182 words - 5 pages the EEOC: INsights for employment mediators and counsel. Dispute Resolution Journal, 67(4), 19-38. Kubasek, N., Brennan, B., & Browne, M. (2012). The legal environment of business: A critical thinking approach (6th ed.). Upper Saddle River, NJ: Pearson Education. Maatman, Jr., G. L., & Degroff, C. J. (2012). EEOC-initiated litigation: Case law developments in 2011 and trends to watch for in 2012 Part I. Labor Law Journal, 63(1), 22-54. Remington, J

Law Enforcement and Miranda Warnings Case Analysis

1284 words - 5 pages interpreter, but the officer could then speak to the subject without violating his 5th Amendments. Miranda vs Arizona is the land mark case that every Law Enforcement agency in the United States goes by. The Supreme Court of the United States looked at four main cases that had to do with custodial interrogations. In these cases the suspect was shut off from the outside world and questioned by law enforcement. Law enforcement did not make sure that these

The Case of Procedural and Substantive Law

2226 words - 9 pages 1. Define the terms takings as it relates to the environmental law and provide one example of a legally resolved taking case. Answer: Taking is a general term of an act of taking something. In an environmental point of view, the taking is ta process that involves taking something of an environmental assets, such as land, from an individual or organization. However, most cases, it involves government taking private property from owners when that

Statue And Case Law: Discrimination Purviews

3022 words - 13 pages Case Law and Discrimination PurviewsAnti-Discrimination Laws were enacted to "promote fairness, equality, and opportunity within the workplace (Bennett, Alexander, Hartman, 2003 p. 5)". More specifically, these federal employment laws prohibit employment practices that discriminate on the basis of age, race, color, gender, national origin, religion, and disability. The same laws also prohibit employers from retaliating against those individuals

Similar Essays

Statue And Case Law Relationship Essay

2013 words - 8 pages Employment laws are created to protect both the employer and the employee. The employer has to follow specific guidelines when hiring and firing employees. This paper will identify five discrimination cases with a brief summary of each as well as identify the statute or regulation interpreted in the case. Lastly, this paper will examine how the statute and/or regulations have evolved through case interpretation and how the cases influence the

State And Case Law Relationship Essay

2034 words - 8 pages State and Case Law Relationship Paper•EEOC v. Jillian's of Indianapolis, Inc., Jillian's Entertainment Holdings, Inc. & Jillian's Entertainment Corp., No. IP00-1452-C-B/G (S.D. Ind. Aug. 12, 2004)This case was brought under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on gender (or sex), as well as many other aspects of the employment relationship. It applies to most employers engaged in interstate

Eeoc: Statute And Case Law Relationships

1183 words - 5 pages Age Discrimination CaseThe Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. "Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training." (EEOC 2005) While

Relationship Between Law And Morality Essay

1497 words - 6 pages In this essay I intend to discuss the relationship between law and morality through the perspectives of legal philosophers, I will provide a brief explanation of law, and what does law intend to achieve in the society. When discussing the relationship between law and morality I will consider the distinction between the theory of natural law and legal positivism and how these two theories influence each other and whether there is a legal or moral