Business Law

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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Tax Planning for Businesses

Posted by on Oct 12, 2013 in Business Law, Tax Law | 0 comments

Most people dream about going into business on their own and becoming their own bosses. This is a laudable ambition, but it is unfortunately not at all simple. Even if one has a great idea for business and is willing to work hard to get it up and running, it is not a guarantee of success, especially in the long term. Business lawyers will be quick to point out that it takes a lot of planning to get a business off the ground, especially in these troubled times, and this includes tax planning.

Tax planning is defined as the alignment of financial goals of the business with the appropriate tax laws that will result in an efficient outlay of resources. If that sounds a bit complicated, it is because it can be. Few people understand business law, of which a significant aspect is the state and federal tax laws, and that can become a problem as the business grows and takes off. Tax planning for businesses is a good way to make sure that the business owner minimizes liability for taxes.

However, there are a multitude of considerations involved in effective tax planning for businesses. Tax law should not wholly dictate financial actions, because there will always be a tax consequence to all transactions. Taxes should only be one of the factors affecting a business decision, be it the timing of expenditures or income. Investments, retirement plans, deductions, even the filing status. Tax planning should not be the end-all and be-all of any business plan. At the same time, flouting tax laws can cause a world of trouble for your business, so it can be quite difficult to find that middle ground where you are abiding by the laws, but not overdoing it.

In order to do effective tax planning for businesses, it is important to know how state and federal taxation interact with business laws and principles. This is not always easy to do, especially if complex business transactions are involved. It would be best to consult with a professional when developing a strategy that will lead to efficient tax planning to ensure that the business runs smoothly and compliantly.

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