Oncale Vs. Sundowner Offshore Services
The employment act in many governments always protects the rights of an employee such that an employer cannot discriminate on the rights of the employee. Employment discrimination therefore is a major violation of the civil rights. However, when a manager wants to discharge an employee but has uncertainty whether it is legal, the manager can look at the employment act so as to be certain that his or her actions are legal. Some of the employment law that the manager would consider include, race, religion, sex, color, age, religion or origin. The manager can also look at some of the cases related to employment that have been handled in the court so as to be certain. This essay will describe the sources of employment law that the manager will research on and also discuss a government level or court order that will be relevant to the company.
The first source of employment law that will be considered by the manager is federal and state constitutions. Constitutional provisions protect the rights and liberties of employees, how the workers are treated and also protect their First, Fourth and Fifth Amendment rights. Under the constitution, employees have a right to be free from undergoing any kind of discrimination such that any discrimination because of race, religion,
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He, along with the Justice Thomas, referred to the Title VII of the Civil Rights Act of 1964 and saw clear discriminatory grounds in the filed case. Ultimately, Oncale v. Sundowner Offshore Services became precedential for the LGBT-community, as it proved the fact that the same-sex discrimination at the workplace exists and can be fought. It was later disclosed that the application was met with difficulties at the lower levels of the federal courts due to lack of preciseness of the claim ‘because of sex’. Only in 2015, it was determined nationwide that the employment discrimination was illegal based on the sexual
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