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Literature review age discrimination in the workplace
Literature review age discrimination in the workplace
Literature review age discrimination in the workplace
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Workplace Protection for Unpaid Interns
Sexual harassment claims from unpaid interns against companies have been consistently dismissed. Current legal precedent forces students who accepting unpaid internships into a pool of vulnerable, powerless, at risk population. Many cases go undocumented, interns are often disempowered, feeling inferior in the workplace, working for no pay (often actually paying tuition for the honor to work for free), report to multiple superiors. With hopes of a future job offer, interns who experience harassment may repress their feelings from this inappropriate behavior (Healey, 2011).
According to David Yamada (2013), an intern must be directly paid by his or her internship site, to be afforded discrimination and sexual harassment protections that are guaranteed by the Civil Rights Act of 1964, the Age Discrimination in Employment Act, American with Disabilities Act, and future acts like the Employment Non-Discrimination Act.
Many fields of education require internships putting their students at risk, The Council on Social Work Education (2013) currently holds that baccalaureate programs require a minimum of 400 hours and 900 hours for masters programs of field education. Many of these positions are unpaid, and put students in disempowered positions while completing their education.
Oregon Extends Certain Employee Protections to Interns Performing Work for Educational Purposes
Oregon Governor John Kitzhaber, signed House Bill 2669 on June 13, 2013, placing into law immediately, and protecting interns for discrimination and sexual harassment (HB 2669 A, n.d.). After unanimous passage in both the house and senate Oregon became the only state of afford these protections to interns.
Policy Go...
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...ca.org/article/how-unpaid-interns-arent-protected-against-sexual-harassment
HB 2669 A. (n.d.). Retrieved December 1, 2013 from the 2130 Regular Session of the Oregon State Legislature: https://olis.leg.state.or.us/liz/2013R1/Measures/Overview/HB2669
Littler Mendelson (2013, June 21). Oregon Passes Workplace Protection Law for Unpaid Interns. Retrieved from http://www.littler.com/files/press/pdf/2013_06_ASAP_OR_Passes_Workplace_Protection_Law_Unpaid_Interns.pdf
Oregon Advocacy Commissions Office. (2013, May 9). Testimony in support of HB2669, May 9, 2013; House Rules Committee. Retrieved from http://www.oregon.gov/OAC/PDFs/HB%202669,%20Intern%20Protections%20OAC%20testimony%205.9.13.pdf
Yamada, D. C. (2013) The Legal and Social Movement Against Unpaid Internships. (Research Paper 13-34). Retrieved from Social Science Research Network: http://ssrn.com/abstract=2338646
Not all individuals with disabilities are protected by the ADA. To be protected, individuals with disabilities must show that they are otherwise qualified for the job they want. They have to prove that they can perform the essential functions of that job with or without reasonable modifications, and they must have a disability that significantly limits them and show that they have suffered discrimination because of the disability.
"Written Testimony of the Law Center to Prevent Gun Violence." Law Center to Prevent Gun Violence. N.p., n.d. Web. 2 April. 2014. .
Because of a 75 year old section of the Fair Labor Standards Act of 1938, companies that use sheltered workshops to train workers with disabilities, such as Goodwill Industries, can legally pay their employees just pennies an hour. The section of the Fair Labor Standards Act that legalizes this behavior needs to be repealed in order to ensure fair pay and treatment of every employee in today’s workforce. To begin, I will explain the use of sheltered workshops and the timed tests used to determine subminimum wages for employees with disabilities. I will then go on to discuss the history of the Fair Labor Standards Act of 1938 and how companies use a section of the legislation to get away with paying their employees with disabilities so little. And finally I will discuss the ethics behind the use of this piece of legislation and also provide a counter argument which supports subminimum wages.
Code 35-50-2-6 Version b (P.L. 158-2013. Available at http://www.in.gov/legislative/ic/code/title35/ar50/ch2.html. Accessed on 16 Apr. 2014. The 'Standard' of the 'Standard'. 8 Ind. & Exp.
Internships completed by students in certain degree programs are quite popular in most colleges and universities. An internship is used so classroom based learning in a degree program can be applied to practical situations in the real world (Jordan, Burns, Bedard & Barringer, 2007). When students are placed with an agency, there is a real possibility that a portion of students will witness actions they believe is unethical or illegal. During a study conducted within four universities, many students that participated in an internship program within the criminal justice system reported that they had observed behavior they suspected to be illegal behavior for a law enforcement agency. (Jordan et al. 2007). Due to this ongoing problem, colleges
middle of paper ... ... Hearing before the sub-committee on Employment Opportunities of the Committee on Education and Labor, House of Representatives. Durham, Robert, and Eugene. Labor Education and Research Center. Oregon Univ., and Others and Problems in the Workplace: AIDS, Drug Testing, Sexual Harassment, and Smoking Restrictions.
The Americans with Disability Act of 1990 (ADA) was put into force to protect employees from discrimination with disabilities in the area of employment. A person with a disability can be defined under the ADA as someone who has a physical or mental impairment which considerably limits one or more of major life activities. “It has been estimated that nearly one in five Americans has one or more physical or mental disabilities”(law book pg115). The ADA federal law requires that employers with 15 or more employees not to discriminate against applicants and current employees with disabilities and, when needed, provide reasonable accommodations to these individuals who are more than qualified to work. These individuals are protected in regard to the application process, hiring, advancement, firing, compensation/benefits, training or other privileges of employment. If an individual is requesting accommodation due to a disability and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workspace safety must be given the same consideration for employment as any other applicant. An employer is not obligated to hire anyone that is not qualifies to what is considered the essential functions of the job according to the ADA. An accommodation under the ADA must allow the employee enjoy equal benefits, given an equal opportunity for the person with the disability to be considered for the job and to perform the essential functions.
Moreover, internships are great starting blocks for a career. Jeff McGuire explains how in today’s educational system, schools have specialized offices and employees whose primary responsibility is to help you...
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
U.S. Department of Labor Wage and Hour Division (2010). Fact Sheet #71: Internship Programs Under the Fair Labor Standards Act, 12/513.
Eliza G.C. Collins and Timothy B. Blodgett. "Sexual Harassment…Some See It…Some Won’t" Harvard Business Review, March 1981. Web. 6 June 2015.
At first, I was very skeptical about the whole concept of an internship. Given the size of Providence, an organization that spans five states and employs over 82,000 people, I felt like a drop of water in a vast ocean. The idea of learning anything in such environment seemed unrealistic, let alone contributing to the organization’s growth. Most of all, I was conflicted by the notion of giving 200 hours of my life away without any sort of monetary compensations. In addition to incurring an implicit and explicit cost during my internship at Providence, after doing calculations I came to a conclusion that I would have made at least $2000 over the course of ten weeks if I were to take a part-time minimum wage job. From the economic feasibility perspective, I was losing money instead of making money. At the time, it seemed a preposterous idea to continue doing what I was doing, but in retrospect, the long-term impact of internship on my future career and personal development is priceless.
Sexual harassment is so ordinary in the workforce that frequently we fail to even recognize harassing behavior as immoral. This is because so many of us--women and men alike--have become desensitized to offensive behaviors. Sexual harassment in any form is unacceptable behavior and should not be tolerated by anyone. It undermines our ability to study, to work, and to feel like effective, empowered people in the world.
U.S. Department of Labor. Wage and Hour Division (WHD). Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act. U.S. Department of Labor, Apr. 2010. Web. 28 Jan. 2014. .
78. 553-554, Penn. Foster, P.C. This law is based on an exempt/non-exempt basis. Most salaried positions are exempt as they are usually offered at a higher wage which is "above the exemption line of $23,600/ year."