Shewin Memorandum 1 Essay Example | Topics and Well Written Essays - 2000 words

Shewin Memorandum 1 - Essay Example . Blabber newspaper has only 3 women on upper level of management. . She has worked in the company for a period of 6 years without promotion yet Whiz who is only 26 years of age and with inadequate experience has been offered the post Shewin applied A 26-year-old new recruit by the name of whiz was considered for position she also applied . Senior employees in the company have been heard speculating on when she will retire. . The company only has five African American employees. . Question of Locusstandiis requisite in bringing this cause of since the level and type of engagement between Miss Shewin and the company must be ascertained to enable the court to hear her case. . Remedies available for Miss Shewin in an event of success of his case Sexual Harassment Crude sexual behaviors Ill language against pregnant women Miss Shewin’s interview at the restaurant did not dwell on professional issues but were majored on social questions . Male employees in the company discuss socia l issues including sexual experiences with their girlfriends over the weekend, which is not checked by the company managers despite protest by Miss Shewin. This case instance presents a critical analysis of rights of employees in a work premise as accorded by law. It details a brief operation of the America legal system to facilitate a proper understanding on how to tackle this legal issue. The American labor and employment laws are sourced from a variety of legal sources, including, constitutional law, statutory law being rules extracted from statutes, administrative regulations, and common law, which includes unwritten customs, principles and rules and case law (Hart 56). These sources are available on different levels, including: - federal and state constitutions, federal and state statutes and administrative regulations by both federal and state agencies, case law by both federal and state courts. In other circumstances however, these laws can be extracted from municipal laws as well. This therefore presents job places with often challenging circumstances of legal requirements and obligations that do not always align (Patterson 98). In case of a conflict or inconsistency between federal and state law, then the law that establishes stricter standard supersedes that whose penalty is less strict. In case of a conflict that cannot be resolved by application of the stricter standard, then the federal law preempts the state law (SS). Miss Shewin case elicits several issues under laws of employment including, discrimination on gender basis, race, sexual harassment of workers as an affirmative action and the extent which the law protects employees in a working place. It is significant to commence this discussion by establishing if Miss Shewin has sufficient locus standi to bring legal complaint against the Blabber newspaper. Locus standi is the legal right to bring an action, to be heard in court, or to address the court on a matter before it. It is the ability of a party to demonstrate to the court sufficient connection to and harm from the action challenged to support that party’s participation in the case. Locus standi in this case can be traced from the legal relationship that existed between Miss Shewinand the Blabber Newspaper. It must be traced if there was a legal contract between the two parties and if the same stipulated