Sexual Harassment in the Workplace

Posted by on Jan 2, 2015 in Business Law | 0 comments

The U.S. Equal Employment Opportunity Commission (EEOC) was formed by the US Congress in 1964 for the purpose of enforcing Title VII of the Civil Rights Act (made into law also in 1964). Title VII of the Civil Rights Act is aimed at promoting and protecting the employment rights of all American citizens (and foreigners invited to work or who found work in the United States) by prohibiting any form of discrimination in the workplace on the basis of race, color, religion, national origin or sex (gender). This law should be observed in all aspects of employment, which include hiring and firing, promotion, compensation and benefits, job training, apprenticeship programs, and so forth.

Based on EEOC’s fiscal year record for 2013 (which runs from Oct. 1 to Sept. 30 of each year), the total number of sex discrimination charges filed with the Commission was 27,687 or 29.5% of the total 93,727, making it the third most complained about violation of the stipulations of Title VII of the Civil Rights Act of 1964 (sex discrimination includes sexual harassment and discrimination due to pregnancy).

The first sex discrimination case that was tried in court particularly involved an on-the-job sexual harassment complaint; this case was tried in 1976. Had the victim or complainant chosen to remain silent, it may not have been discovered that sexual harassment in the workplace is very much widespread and that thousands of other victims (both male and female) continue to fall as prey to abusive employers or co-workers.

The EEOC defines sexual harassment as an act through which a perpetrator makes unwelcome sexual advances, asks for sexual favors or makes insulting comments about a person’s sex. There are two possible ways to commit these acts: through what is called the Quid Pro Quo or through creating a hostile work environment. The Quid Pro Quo is committed by a person who has authority, such as a supervisor, employer, etc., Such person makes use of his/her position to ask for sexual favors in exchange for promotion or employment (if the targeted victim were an applicant). To refuse the request can result to non-promotion, turned down application, denial of job benefits, and so forth. In the Hostile Work environment, however, the harasser can also be a co-worker who would make the workplace an intimidating, hostile and offensive, place to make the victim suffer.

It is important that those who feel that they are being sexually harassed or sexually discriminated understand their rights as employees and the possible legal consequences of the unjust acts. The web page of Employment and Labor law firm Cary Kane, http://www.carykanelegal.com offers information which the victim should know. The web page talks about the different violations of the provisions of Title VII of the Civil Rights Act and the legal rights of the victim in the event of such violations.

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Statutory Limit on Cruise Ship Excursion Accidents

Posted by on Sep 13, 2014 in Personal Injury | 0 comments

Spending a cruise vacation in one of the finest cruise liners is an experience that one will never have enough of. While waking up in one of the most exciting cities in the world is really exciting, what a passenger does while waiting to get there is what makes today’s cruise liners the best “floating cities” one will ever be in.

Unlike in the past when cruise line passengers only had the bar, night club, dance floor, lounge area, pools and some other facilities to enjoy, the amenities cruise ships are designed with today will make even a day not long enough for one to enjoy everything. And despite the much bigger crowd on board, as some ships can accommodate up to 4000 people (6000+ in the biggest ship built – the Allure of the Seas) one can always find a space in the ship’s library, cinema, casino, gym, basketball courts, pool tables, ping pong tables, bars, pubs and nightclubs, tax and duty free shops, hair and beauty salon, buffet restaurant, indoor and outdoor swimming pool with water slides, jogging tracks, planetarium, rock-climbing walls, aqua park, bumper cars and many others.

As if these are not enough, cruise lines have also began to introduce shore excursions and other shore activities. These activities, which are either conducted by the cruise line itself or by a private tour company, are intended to make the cruise experience more exciting and adventurous and, sometimes, educational too.

Advertising these excursions as safe, though, can be challenged by any passenger-participant, who can attest that accident-causing injuries do happen during the tour, sometimes even prior to or after it (while the passengers are transported from the boat to the shore, and vice versa, on board tender boats).

Despite the possible inclusion of an article in the excursion contract (that passengers sign), which exempts the excursion provider from legal liability in the event of an accident, a cruise ship injury lawyer definitely will think otherwise and provide legal avenues for the victims to help them receive the compensation that they rightfully deserve.

Hundreds of passengers have been injured in the past, hundreds of lawsuits have also been filed (in the specified in the cruise-ticket contract) and millions of dollars have been paid by companies as settlement payments. One thing victims only have to remember is delay in decision can mean lost chance for compensation. The maritime law gives injured cruise line passengers only 1 year statutory limit (the time within which to file a lawsuit) starting on the day the injury was sustained.

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Real Issues about ObamaCare

Posted by on Dec 6, 2013 in Health | 0 comments

The glitch-plagued federally-operated HealthCare.gov website, the very recent government shutdown and the absence of enthusiasm in state legislators and Republican governors to put up and operate their own state’s Health Insurance Marketplace (or Exchange), lest the ObamaCare works and succeeds, seemed good enough for the Republicans in Congress and haters of the health reform act to ensure that the President’s program fails.

According to the Campaign Media Analysis Group, since President Obama signed The Patient Protection and Affordable Care Act, or simply ObamaCare, on March 23, 2010, it supporters have spent about $75 million for its explanation and defense, while its opponents have spent $400 million to convince Americans that it will never work.

On October 10, 2013, though, all efforts employed by Congressional Republicans in forcing the president to end government shutdown by defunding his health program obviously backfired and even ended up making ObamaCare more famous.

But will ObamaCare really work? And is it designed as a really affordable health care program? To these questions and more Wendell Potter (formerly the Corporate Communications Vice President at CIGNA, one of the largest health insurance companies in the US. As a whistleblower, he testified in the U.S. Senate about insurance companies’ practices that have resulted to more than 44 million uninsured Americans today) says that ObamaCare:

  • Was specifically designed for those with low income – to make health care really affordable for them, as well as to reduce the cost of Medicare
  • Is aimed at lowering costs of premiums, providing tax relief and tax credits that will help millions of Americans afford healthcare, and allowing middle class Americans to save thousands of dollars on healthcare through tax cuts
  • Is intended to improve the quality of care for Americans through more efficient basic health care
  • Eliminates gender discrimination and pre-existing conditions, which means that no one can be charged to pay higher premiums or be removed from being covered due to health reasons.

The program has so many other benefits which will take effect starting 2014, while other benefits will get implemented year after year until 2022. While many are still against ObamaCare, letting them express whatever they want to say may just be the proper thing to do; just wait ‘til they get to enjoy the benefits themselves and find out how wrong they have been all along.

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Choosing a Garage Door

Posted by on Dec 4, 2013 in Home Improvement | 0 comments

Whether moving in to a new home or having home renovations, many people believe picking the right garage door is one of the most important things, since garage doors seem to have become the focal point of each home. In order to pick the right type of garage door, you have to first understand that garage doors come in various materials. These differences have their own advantages and disadvantages, so knowing what they are will help you pick the right one perfect for your home.

Wood – wood has an old-world and classic appeal: the first garage doors were made with wood. People who prefer to go with a traditional feel, wood would be a good choice, and presently they have a number of styles. One advantage of wood is that they have lost-cost options, and it is a better insulator than steel. However, wood garage doors may require more maintenance and to be refinished regularly to prevent it from being damaged.
Wood Composite – made up of recycled wood fibers, wood composite are sturdier than wood against rot and splitting. They are also offer the durability of steel garage doors with the appearance and feel of wood, allowing owners the options of either painting or staining it.
Steel – reasonably priced, strong, and low-maintenance, steel garage doors are the most common and popular ones. Steel garage doors provide a number of styles, and can be painted. Two things must be considered if you choose to have steel garage doors: first, they are poor insulators, therefore it would be better to have them insulated (it helps save energy bills and could reduce noise) and second, steel panels differ in thickness, and top quality steel garage doors have at least 24-gauge (the lower the gauge number, the thicker the steel).
Fiberglass – although not as popular, fiberglass garage doors are more resistant to salt-water erosion, making them a better option for coastal-located homes. They are very light, and can withstand dents more than thin steel. They are, however, a poor insulator and can be weathered from long exposure.
Aluminum – lighter than steel and is less expensive, aluminum garage doors present imitation wood texture and longer-lasting finishes, although they are prone to dents.

Picking your garage door does not only mean choosing the right material: you also have to consider the styles, finishes, and color. Consider other factors as well, such as the location of your home, the weather, pets, and such. Know what you want and how much you can afford to have a clearer mind on what to choose.

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Hair Gloss Treatments

Posted by on Nov 5, 2013 in Hair Treatments | 0 comments

It seems everyone wants to have the Hollywood-style hair: flow-y, full, and with shine. When people want to have such great looking hair, they would go to the salon to ask their hair stylist a hair gloss treatment, but what is it, really? And what can it do to your hair? Is it really better than having a regular hair dye job? A lot of people are raving about hair gloss treatment being better than a regular dye job. To help understand if it is a better alternative, let’s see what it can do to your hair:

  • Regular hair color tends to be harsher and more permanent than hair gloss treatments. Because of the gloss’ acidity, it helps in closing the hair and cuticles, giving a smoother surface that reflects more light. It can also give the hair a much softer texture to it. On the other side, regular hair dyes have ammonia which can cause the hair follicles to open which eventually damages the hair.
  • Hair gloss treatments help in restoring hair damaged by the sun and chlorinated pools. The treatment helps to deep condition your damaged hair to return the balance of the strands.
  • Hair gloss treatments do not change your hair color: you can keep your natural hair color if you want. There is an option of using clear gloss which gives hair a deep conditioning effect, an essential part in keeping your hair healthy and shiny. With hair gloss treatment you also have the advantage of toning down highlights that has become too brassy, giving hair a toned effect that is shiny and frizz-free.

You can do your hair gloss treatment at home, and they are easy to maintain as well. Local drugstores sell these at-home gloss treatments, although it would be better to go to the salon if you wish to have colored glosses. Also, choosing sulfate-free hair products is all you need to maintain gloss-treated hair.

The best thing about hair gloss treatments is its non-committal nature: it will eventually fade on its own in about six weeks. It is not strong enough to damage hair so you can go ahead and ask for other chemical-assisted hair changes you would prefer in the future. Using hair gloss treatment, whether at the salon or at home, can be a great way to get healthier-looking, shinier hair.

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Role of a Divorce Lawyer in Divorce Settlements

Posted by on Nov 3, 2013 in Divorce | 0 comments

Texas is the first state in the US to include collaborative divorce in the Family Code statutes. This indicates that Texas is in favor of alternatives to litigation when it comes to divorce, accommodating couples who prefer to keep things simple and amicable through a simplified divorce, mediation, arbitration or collaborative divorce. In most non-litigation divorces, the presence of a lawyer is not required, except perhaps for collaborative divorce. As a result, many couples have the mistaken belief that they can do it all on their own and save on money.

This is not true, however. The law is couched in terms that are not easily understood by the layperson no matter how carefully and often one goes over the numerous statutes related to matters of divorce. Even the most well-meaning and diligent of couples can draw up a divorce settlement or fill up a divorce form that will not be acceptable to the court because it may not be in the correct format or contains serious errors and disallowed provisions. The agreement could also contain provisions that is grossly unfair to one of the spouses, or which affects children of the marriage in an adverse manner, which may have repercussions later on.

The role of the divorce lawyer in a divorce settlement is to provide guidance, clarification and suggestions for the legal aspects of a settlement. While it would certainly cost a little more to get legal advice, it will be worth it if the settlement is drawn up correctly. An article on the website of BB Law Group PLLC points out that there are many legal points that may arise even in the simplest of simplified divorces that may require clarification. A lawyer in a consultant or advisory capacity is still the surest way to buttoning up a divorce settlement with a minimum of fuss and muss.

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Truck Accidents in the No-Zone

Posted by on Oct 29, 2013 in Personal Injury, Truck Accidents | 0 comments

One of the best advice for motorists to avoid truck accidents is to keep out of a truck’s “no-zone.” The “no-zone” is a blind spot, and most commercial trucks have four of these, located at:

  • The area right in front of the front bumper of the truck
  • Directly behind the truck’s trailer
  • A small area on the driver’s side of the cab
  • A larger area on the passenger side of the cab

According to the website of Kankakee-based firm Spiros Law, P.C., these are directly at the rear of the truck-trailer, directly in front, slightly behind the cab on driver’s side, and the right side of the truck. These no-zones also apply to buses in general.

In case of truck accidents where the other motorist was in a no-zone, it could be argued that the driver had no liability because the motorists should not have been in the no-zone in the first place. According to the website of The Ausband Firm, this could be true under certain circumstances, especially if the other driver was driving recklessly such as cutting lanes, tailgating or overtaking on the right. But if it was a case of being in the wrong place, wrong time, the truck driver could be held at least partially responsible for any injury sustained by another driver or passenger in an accident.

Truck drivers are held to a higher standard when it comes to road safety because they carry the bigger stick. Driving a truck requires a special license that is beyond what the average driver needs to get. Truckers are well aware of the no-zone and should give other motorists a wide berth. If an accident results because the driver change lanes abruptly, braked suddenly, sped up, or made a right turn without warning, these are instances that the driver was clearly at fault and negligent. A motorist who has been mowed down by an 18-wheeler is sure to have some hefty medical bills and a long recovery period, so it is just right that they get compensation for the costs. If you or a family member sustained injuries from being in a truck accident, ask a personal injury attorney what to do next.

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