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State And Federal Systems Paper

1681 words - 7 pages

State and Federal Systems PaperFederal LawsUnder the law a relationship is formed by employer and employee. The basic principle of this relationship is for the employer to exercise good faith while in this correlation. "Many states have enacted legislation specifically aimed at the growth of the federal statutes above." An example is the states that have human rights acts which prohibits discrimination. And there is a human rights commission in these states that individuals can bring claims to. While other states have had legislation that closely resembles Title VII. "These laws are supplemented by various State and local laws that may provide further protection, like sexual orientation." ...view middle of the document...

The process of filing a complaint regarding sexual harassment is a long process and can take up to several years before reaching a verdict.However, state laws uphold the federal laws and they also may include other more specific laws.In Arizona, the definition of employee is an "individual that is employed by an employer but does not include an elected public official of the state, or any person chosen by such officer to be on the officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office, unless the person or appointee is subject to the civil service laws of the state or any political subdivision of the state." And the meaning of employer is a person who has 15 or more employees for each working day in each of 20 or more calendar weeks. And to define discrimination at work is the act of discriminating a person because of the individual's race, color, religion, sex, age, disability or national origin. Each business and every employer that falls into this category is required to report unlawful acts of discrimination to the Civil Rights Division of the Attorney General's Office.In Arizona, the case of Arbitration has been a big subject. The idea was that employment arbitration agreement would no longer be enforceable in Arizona. But that is not the result of a recent court decision. In Arizona the laws of the workers are maintained by the Arizona Legislative. At the workplace the employer is required to post a notice from the Civil Rights Division in a "conspicuous" place. This is to be seen and viewed by all employees, and applicants. Some states have their own laws. And many states have their own discrimination laws that are similar to the Federal EEOC laws. An example is that some state laws many include that is it unlawful to discriminate based on sexual orientation or personal appearance. There are 11 states that have ban employment discrimination based on sexual orientation, but this applies only to the public sector. And Arizona is one of those states that fall into this category.Examples of this would be if a person that is gay is working and the supervisor is prejudice against this person. If management treats this person differently from the other employees, this would be a violation of Arizona state laws. It is unlawful for an employer to ask questions about an applicant or employees sexual preferences. Or to make comments about it, that the person may become offended by. A case was brought to court that involved an employee being harassed at work. This person was continually ridiculed by his superior, who asked this employee personal questions regarding his sexuality and made offensive remarks about him being gay. He would mention all the diseases the gay people spread and say that gay people with AIDS, should go to an island to live there. The Court of Appeal upheld that this was discrimination. Even if someone is asking...

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