Violations under American Disability Act Case Study

Violations under American Disability Act - Case Study Example The foregoing violations shall be discussed individually. First, the American Disability Act (ADA) â€Å"applies to disabilities that affect a major life activity, and those areas of coverage are vision, mental and motor skills, ability to care for one’s self and commute to employment†. In the case of Miss Clark, the fact that she is blind has been known to the company for a long time, as she holds the Vice-President position. Even though she is suffering from visual impairment, it did not prevent her from fulfilling her duties and responsibilities as the Vice-President of the company. However, due to her physical disability, the company refused to promote her to the position of Senior Vice-President because they think that she is not capable enough to carry-out the functions of an SVP. In spite of this physical defect, she has remained loyal to the company and worked for them in several years. Without a doubt, there is a clear violation of the law when the employer pre vented the career advancement of Miss Clark by denying her of the position of the Senior Vice-President. ... f the major life activities of such individual; Second: A record of such impairment, or being regarded as having such impairment; and Third: Accordingly, to fall within this definition, one must have an actual disability, have a record of disability or be regarded of having one. Verily, in the light of the justifications provided by law, Miss Clark has a valid cause of action against her employer as the above requisites have been complied with and she can file a claim against her employer. The employers must take judicial of the fact that both the state laws and the federal laws give protection to employees who have been victims of discrimination because of a disability, and entitles them to file claims for damages. This is pursuant to the principle of â€Å"disparate treatment enunciated in the case of Raytheon Vs. Hernandez (540 U.S. 44 (2003)  298 F.3d 1030), where the Supreme Court held that in addition that disparate impact claims are also available to workers based on facial ly neutral policies that impact qualified individuals with disabilities differently than workers without disabilities†. Another glaring violation committed by her employer is against the provisions of â€Å"The Employee Retirement Income Security Act of 1974, or ERISA. The law was enacted to â€Å"protect the employees’ justified expectation of receiving the benefits their employers promise them, and ensures that employees will not be left empty-handed once employers have guaranteed them certain benefits upon retirement† (Bennet-Alexander and Hartman 742). Under ERISA, Miss Clark has a legal standing to sue her employer for illegally termination when she was forced to resign and accept diminished retirement benefit package being offered by the company, which she later on refused for violations

International assignment training for Pakistan Term Paper

International assignment training for Pakistan - Term Paper Example It is not difficult to distinguish between the people of Pakistan from a large number of Americans. The reason is their different and unique cultures. Pakistani people have distinguishing dressing patterns, living style and traditions which are not present in the American culture. Pakistan is one of the biggest Islamic countries and hence, Islamic teachings are reflected in every way of their life (Abbott, 1968). In Pakistan, male children are given priority over the females. This discrimination among the children covers a vast area of their lives. Male members are given priority when it comes to the availability of education, financial support, dressing and entertainment stuff (like toys, games, Computers, cell phones etc.), food etc. Brothers, fathers and husbands are normally considered as the head of their families. Head of the family takes all important decisions about the house and lives of the family members. Pakistani children are taught to respect their elders and women are strictly directed to follow the decisions and respect the opinions of the head of their families. Religious strictness forces the Pakistani women to stay out of sight of male counterparts of the society (Bano, 1994). Men are supposed to help their families financially. They are given proper guidance since their childhood about their responsibilities to the family. It can be said that when Pakistani children grow up they are fully aware of the fact that it is their duty to support their family financially and morally. However, on the other hand, American people face less or no discrimination on the basis of gender as Shelly’s Frankenstein suggests in the portrayal of the monster’s desire to have an opposite sex companion. Children are given proper education, food, opportunities to grow confidence and are provided with the sense of independence. They are taught to distinguish between rights and wrongs of the society. Females are not forced to adopt and accept the decisio ns of their male counterparts. As they grow up and enter their teenage life, they start feeling and using their independence. However, they may misuse this freedom by adopting negative attitudes of the society. American teenagers are more likely to involve in alcohol misuse, drug addiction, smoking etc. Youngsters drink alcoholic beverages for fun and fashion purposes but afterward they get addicted to it. The exposure of alcohol and drinking to youngsters and young adults is evident in their literature as Hamlet’s refusal to kill his step father suggests when he was praying. His revenge wanted him to kill his father’s murderer when he was busy in negative or prohibited activities like drinking, sexual relationships and so on. These habits change their attitudes towards their family, friends, studies and responsibilities. They create a severe risk to their lives and future. However, once they enter their adulthood, normally they are not answerable to their elders unlik e Pakistanis. However, it always depends on the way they are brought up. There are no restrictions on the American women to keep themselves away or hidden from the male counterparts of the society. They have equal rights to employment, education, health facilities and career selection. American culture and laws are strict against