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2017 South Carolina Bar Convention Employment & Labor Law Section
2017 South Carolina Bar Convention Employment & Labor Law Section Seminar Friday, January 20, 2017 presented by The South Carolina Bar Continuing Legal Education Division SC Supreme Court Commission on CLE Course No. 170440 Onboarding and Offboarding in the Digital Age—Protecting Your Trade Secrets and Confidential Information Against Unfair Competition John C. Glancy Greenville, SC PDA in the Workplace Ashley C. Story Columbia, SC Christina L. Rogers Columbia Ashley C. Story, Duff, White & Turner, LLC Christy Rogers, Fisher & Phillips, LLP Roadmap The Law Regarding Pregnancy Discrimination Young v. UPS Other Case Updates EEOC Guidelines Future Trends – Election and the Law Tips Q&A Pregnancy Discrimination Act and Title VII PDA amended Title VII in 1978. Two pertinent clauses: 1. “because of or on the basis of pregnancy, childbirth, or related medical conditions “ 2. “[employers must treat women affected by pregnancy] the same for all employment- related purposes . as other persons not so affected but similar in their ability or inability to work.” Young v. United Parcel Service 575 U.S. ____ (2015) Employee brought action against her employer, alleging that she was the victim of pregnancy discrimination in violation of the Pregnancy Discrimination Act (PDA). • Federal District Court granted summary judgment in favor of UPS; • 4th Circuit held that the employee failed to present direct evidence of discrimination or establish a prima facie case of discriminatory discharge on account of pregnancy under Title VII; • Vacated by U.S. Supreme Court and remanded to 4th Cir. – opinion by Breyer with 6-3 vote. Scalia authored dissent. Young v. United Parcel Service – Young’s Facts 1. -
"Model Minority" Myth Shuzi Meng | Soobin Im | Stephanie Campbell, MS YWCA Racial Justice Summit | Madison, WI 15 October 2019
Minoritized Yet Excluded: Dismantling the "Model Minority" Myth Shuzi Meng | Soobin Im | Stephanie Campbell, MS YWCA Racial Justice Summit | Madison, WI 15 October 2019 AGENDA ● Introductions ● Learning objectives ● What sparked our interest ● Asian Americans, the hyphenated Americans and perpetual foreigners in the U.S. ● Hidden in the Black/White racial binary ● The Model Minority myth: What’s wrong with the positive stereotype? ● Activity: The myth crusher ● Implications for mental health and education ● Activity: Application to your own occupational/interpersonal settings ● Questions 3 HELLO! ● name ● racial/ethnic identity ● preferred pronouns ● share about: ○ an experience in which you were over- or underestimated ○ your favorite Asian dish or food 4 LEARNING OBJECTIVES ◈ Understand history of Asian Americans in the U.S. and the experiences of discrimination and implicit racial biases against Asian Americans. ◈ Recognize and identify how “positive stereotypes” can hurt not only Asian American communities, but all racial/ethnic groups. ◈ Increase confidence in interacting with and advocating for individuals who fall victim to such biases. 5 What Sparked Our Interest “Say My Name” 6 7 8 Xenophobia? Or beyond? What are the experiences of Asian Americans with U.S. nationality? 9 10 11 DISCUSSION In your table groups… What are your reactions to these videos? Do these resonate with your ideas of Asian Americans? If yes, why? If no, why not? 12 Asian Americans the hyphenated Americans and perpetual foreigners in the U.S. Where are you from? Where were you born? What are you? Your English is very good. 13 “One indication that Asian Americans continue to be viewed as foreigners (i.e., not Americans) is that attitudes toward Asian Americans are highly influenced by international relations between the United States and Asian countries (Lowe, 1996; Nakayama, 1994; Wu, 2002).” - Lee, 2005, p.5 14 HISTORY OF ASIAN AMERICANS IN THE U.S. -
Equal Employment Opportunity Fact Sheets
Texas Workforce Commission Facts About National Origin Discrimination Chapter 21, Texas Labor Code and Title VII of the Civil Rights Act of l964 protects individuals against employment discrimination on the basis of national origin as well as race, color, religion and sex. It is unlawful to discriminate against any employee or applicant because of the individual’s national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group. Speak English-Only Rule: A rule requiring performance or negatively affect an individual’s employees to speak only English, at all times, on the employment opportunities. Employers have a job may violate Title VII, unless an employer shows it responsibility to maintain a workplace free of national is necessary for conducting business. If an employer origin harassment. Employers may be responsible believes the English-only rule is critical for business for any on-the-job harassment by their agents and purposes, employees have to be told when they must supervisory employees, regardless of whether the speak English and the consequences for violating acts were authorized or specifically forbidden by the the rule. Any negative employment decision based employer. Under certain circumstances, an employer on breaking the English-only rule will be considered may be responsible for the acts of non-employees evidence of discrimination if the employer did not tell who harass their employees at work. -
YOUNG V. UNITED PARCEL SERVICE, INC
(Slip Opinion) OCTOBER TERM, 2014 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus YOUNG v. UNITED PARCEL SERVICE, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12–1226. Argued December 3, 2014—Decided March 25, 2015 The Pregnancy Discrimination Act added new language to the defini- tions subsection of Title VII of the Civil Rights Act of 1964. The first clause of the Pregnancy Discrimination Act specifies that Title VII’s prohibition against sex discrimination applies to discrimination “be- cause of or on the basis of pregnancy, childbirth, or related medical conditions.” 42 U. S. C §2000e(k). The Act’s second clause says that employers must treat “women affected by pregnancy . the same for all employment-related purposes . as other persons not so affected but similar in their ability or inability to work.” Ibid. This case asks the Court to determine how the latter provision applies in the context of an employer’s policy that accommodates many, but not all, workers with nonpregnancy-related disabilities. Petitioner Young was a part-time driver for respondent United Parcel Service (UPS). When she became pregnant, her doctor advised her that she should not lift more than 20 pounds. -
ABSTRACT Stereotypes of Asians and Asian Americans in the U.S. Media
ABSTRACT Stereotypes of Asians and Asian Americans in the U.S. Media: Appearance, Disappearance, and Assimilation Yueqin Yang, M.A. Mentor: Douglas R. Ferdon, Jr., Ph.D. This thesis commits to highlighting major stereotypes concerning Asians and Asian Americans found in the U.S. media, the “Yellow Peril,” the perpetual foreigner, the model minority, and problematic representations of gender and sexuality. In the U.S. media, Asians and Asian Americans are greatly underrepresented. Acting roles that are granted to them in television series, films, and shows usually consist of stereotyped characters. It is unacceptable to socialize such stereotypes, for the media play a significant role of education and social networking which help people understand themselves and their relation with others. Within the limited pages of the thesis, I devote to exploring such labels as the “Yellow Peril,” perpetual foreigner, the model minority, the emasculated Asian male and the hyper-sexualized Asian female in the U.S. media. In doing so I hope to promote awareness of such typecasts by white dominant culture and society to ethnic minorities in the U.S. Stereotypes of Asians and Asian Americans in the U.S. Media: Appearance, Disappearance, and Assimilation by Yueqin Yang, B.A. A Thesis Approved by the Department of American Studies ___________________________________ Douglas R. Ferdon, Jr., Ph.D., Chairperson Submitted to the Graduate Faculty of Baylor University in Partial Fulfillment of the Requirements for the Degree of Master of Arts Approved by the Thesis Committee ___________________________________ Douglas R. Ferdon, Jr., Ph.D., Chairperson ___________________________________ James M. SoRelle, Ph.D. ___________________________________ Xin Wang, Ph.D. -
Challenge Bowl 2020
Notice: study guide will be updated after the December general election. Sponsored by the Muscogee (Creek) Nation Challenge Bowl 2020 High School Study Guide Sponsored by the Challenge Bowl 2020 Muscogee (Creek) Nation Table of Contents A Struggle To Survive ................................................................................................................................ 3-4 1. Muscogee History ......................................................................................................... 5-30 2. Muscogee Forced Removal ........................................................................................... 31-50 3. Muscogee Customs & Traditions .................................................................................. 51-62 4. Branches of Government .............................................................................................. 63-76 5. Muscogee Royalty ........................................................................................................ 77-79 6. Muscogee (Creek) Nation Seal ...................................................................................... 80-81 7. Belvin Hill Scholarship .................................................................................................. 82-83 8. Wilbur Chebon Gouge Honors Team ............................................................................. 84-85 9. Chronicles of Oklahoma ............................................................................................... 86-97 10. Legends & Stories ...................................................................................................... -
REPORT Donations Are Fully Tax-Deductible
SUPPORT THE NYCLU JOIN AND BECOME A CARD-CARRYING MEMBER Basic individual membership is only $20 per year, joint membership NEW YORK is $35. NYCLU membership automatically extends to the national CIVIL LIBERTIES UNION American Civil Liberties Union and to your local chapter. Membership is not tax-deductible and supports our legal, legislative, lobbying, educational and community organizing efforts. ANNUAL MAKE A TAX-DEDUCTIBLE GIFT Because the NYCLU Foundation is a non-profit 501(c)(3) organization, REPORT donations are fully tax-deductible. The NYCLU Foundation supports litigation, advocacy and public education but does not fund legislative lobbying, which cannot be supported by tax-deductible funds. BECOME AN NYCLU ACTIVIST 2013 NYCLU activists organize coalitions, lobby elected officials, protest civil liberties violations and participate in web-based action campaigns THE DESILVER SOCIETY Named for Albert DeSilver, one of the founders of the ACLU, the DeSilver Society supports the organization through bequests, retirement plans, beneficiary designations or other legacy gifts. This special group of supporters helps secure civil liberties for future generations. THE AMICUS CLUB Lawyers and legal professionals are invited to join our Amicus Club with a donation equal to the value of one to four billable hours. Club events offer members the opportunity to network, stay informed of legal developments in the field of civil liberties and earn CLE credits. THE EASTMAN SOCIETY Named for the ACLU’s co-founder, Crystal Eastman, the Eastman Society honors and recognizes those patrons who make an annual gift of $5,000 or more. Society members receive a variety of benefits. Go to www.nyclu.org to sign up and stand up for civil liberties. -
The Past May Be Prologue, but It Does Not Dictate Our Future: This Is the Muscogee (Creek) Nation's Table
Tulsa Law Review Volume 56 Issue 3 Special McGirt Issue Spring 2021 The Past May Be Prologue, But It Does Not Dictate Our Future: This Is the Muscogee (Creek) Nation's Table Jonodev Chaudhuri Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Jonodev Chaudhuri, The Past May Be Prologue, But It Does Not Dictate Our Future: This Is the Muscogee (Creek) Nation's Table, 56 Tulsa L. Rev. 369 (2021). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol56/iss3/6 This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Chaudhuri: The Past May Be Prologue, But It Does Not Dictate Our Future: Thi THE PAST MAY BE PROLOGUE, BUT IT DOES NOT DICTATE OUR FUTURE: THIS IS THE MUSCOGEE &5((. 1$7,21¶67$%/( Ambassador Jonodev Chaudhuri* I.INTRODUCTION ............................................................................................................ 369 II.MUSCOGEE (CREEK)NATION¶S AMBASSADOR,CHITTO HARJO,PAVED THE WAY FOR OUR VICTORY IN MCGIRT .................................................................................. 371 III.THE MUSCOGEE (CREEK)NATION RESERVATION REMAINS TODAY ........................ 373 IV. MCGIRT UNDER ATTACK: THE PARALLELS TO THE FIGHTS AMBASSADOR CHITTO HARJO FOUGHT ................................................................................................. -
How Did the U.S. Government Finally Subdue the Indians?
Chapter How did the U.S. government finally subdue the Indians? How did courts and prisons operate in Indian Territory? For many years, there were no courts in Indian Territory with authority over 9 white people. As the number of whites in the area grew, this caused difficulties. So, in 1871, the federal court system gave authority to its District Court at Fort Smith, Arkansas, to try cases from Indian Terri- tory. The Fort Smith District Court would handle cases involving whites as well as cases of Indians charged with breaking federal laws. When it convicted defendants and sentenced them to prison, the Territory had to move them to a prison in Leavenworth, Kansas. Fort Smith was many miles from most settlements in Indian Terri- tory. Sometimes the greatest problem in bringing a lawbreaker to justice was getting him to court. Then if the court convicted him, another prob- lem was getting him to Kansas. Many men and a few women died on the trail to Fort Smith or Leavenworth. Some were law officers. Some were suspects or convicted criminals. However, considering the length of the journeys and the chances to escape, it is probably surprising that anyone ever completed it alive. What attracted outlaws to Indian Territory? With justice far away, numerous criminals found the Territory the perfect place to stay. Outlaws such as Jim Reed, Jesse James, Cole Younger, and Bill Doolin often took refuge in Indian Territory. A favorite stopover was “Young- er’s Bend,” a farm belonging to Belle Starr. Outlaws in Indian Territory came from a variety of backgrounds. -
Challenge Bowl 2020
Sponsored by the Muscogee (Creek) Nation Challenge Bowl 2020 High School Study Guide Sponsored by the Challenge Bowl 2020 Muscogee (Creek) Nation Table of Contents A Struggle To Survive ................................................................................................................................ 3-4 1. Muscogee History ......................................................................................................... 5-30 2. Muscogee Forced Removal ........................................................................................... 31-50 3. Muscogee Customs & Traditions .................................................................................. 51-62 4. Branches of Government .............................................................................................. 63-76 5. Muscogee Royalty ........................................................................................................ 77-79 6. Muscogee (Creek) Nation Seal ...................................................................................... 80-81 7. Belvin Hill Scholarship .................................................................................................. 82-83 8. Wilbur Chebon Gouge Honors Team ............................................................................. 84-85 9. Chronicles of Oklahoma ............................................................................................... 86-97 10. Legends & Stories ...................................................................................................... -
Studies in American Indian Literatures Editors James H
volume 21 . number 3 . fall 2009 Studies in American Indian Literatures editors james h. cox, University of Texas at Austin daniel heath justice, University of Toronto Published by the University of Nebraska Press The editors thank the Centre for Aboriginal Initiatives at the University of To- ronto and the College of Liberal Arts and the Department of English at the Uni- versity of Texas for their fi nancial support. subscriptions Studies in American Indian Literatures (SAIL ISSN 0730-3238) is the only schol- arly journal in the United States that focuses exclusively on American Indian lit- eratures. SAIL is published quarterly by the University of Nebraska Press for the Association for the Study of American Indian Literatures (ASAIL). Subscription rates are $38 for individuals and $95 for institutions. Single issues are available for $22. For subscriptions outside the United States, please add $30. Canadian subscribers please add appropriate GST or HST. Residents of Nebraska, please add the appropriate Nebraska sales tax. To subscribe, please contact the Univer- sity of Nebraska Press. Payment must accompany order. Make checks payable to the University of Nebraska Press and mail to The University of Nebraska Press PO Box 84555 Lincoln, NE 68501-4555 Phone: 402-472-8536 Web site: http://www.nebraskapress.unl.edu All inquiries on subscription, change of address, advertising, and other business communications should be addressed to the University of Nebraska Press at 1111 Lincoln Mall, Lincoln, NE 68588-0630. A subscription to SAIL is a benefi t of membership in ASAIL. For member- ship information please contact R. M. Nelson 2421 Birchwood Road Henrico, VA 23294-3513 Phone: 804-672-0101 E-mail: [email protected] submissions The editorial board of SAIL invites the submission of scholarly manuscripts fo- cused on all aspects of American Indian literatures as well as the submission of poetry and short fi ction, bibliographical essays, review essays, and interviews. -
THE WAR of 1812 in CLAY COUNTY, ALABAMA by Don C. East
THE WAR OF 1812 IN CLAY COUNTY, ALABAMA By Don C. East BACKGROUND The War of 1812 is often referred to as the “Forgotten War.” This conflict was overshadowed by the grand scale of the American Revolutionary War before it and the American Civil War afterwards. We Americans fought two wars with England: the American Revolutionary War and the War of 1812. Put simply, the first of these was a war for our political freedom, while the second was a war for our economic freedom. However, it was a bit more complex than that. In 1812, the British were still smarting from the defeat of their forces and the loss of their colonies to the upstart Americans. Beyond that, the major causes of the war of 1812 were the illegal impressments of our ships’ crewmen on the high seas by the British Navy, Great Britain’s interference with our trade and other trade issues, and the British incitement of the Native Americans to hostilities against the Americans along the western and southeast American frontiers. Another, often overlooked cause of this war was it provided America a timely excuse to eliminate American Indian tribes on their frontiers so that further westward expansion could occur. This was especially true in the case of the Creek Nation in Alabama so that expansion of the American colonies/states could move westward into the Mississippi Territories in the wake of the elimination of the French influence there with the Louisiana Purchase of 1803, and the Spanish influence, with the Pinckney Treaty of 1796. Now the British and the Creek Nation were the only ones standing in the way of America’s destiny of moving the country westward into the Mississippi Territories.