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Legal Exception of

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Wataru Otsu

on 23 July 2014

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Transcript of Legal Exception of

Agenda
1: Situation of Racial Discrimination in the U.S
Racial Discrimination in the U.S
More than one-third
of blacks and
nearly 20 %
of Hispanics and Asians reported that they had personally been passed over for a job or promotion because of their race or ethnicity.
Relevant Laws or Rules
Potential Legal Exceptions
Outlook
MGMT 510, Current Issues
Wataru Otsu

Legal Exceptions of
Racial Discrimination

2: Relevant Laws
3: Potential Legal Exceptions
4: Problems of the exceptions
5: Recommendations
6: Conclusion
Employment-at-will
http://amodernlawyer.com/at-will-employment-explained/
Both employer and employee can terminate a working relationship at any time and for any reason
Title VII of the 1962 U.S Civil Rights Act
Prohibit discrimination because of race, religion, gender, color, and national origin.
https://www.google.com/search?q=title+vii+civil+rights+act&client=safari&rls=en&source=lnms&tbm=isch&sa=X&ei=
Companies can discriminate applicants based on applicants' education, skills, knowledge, etc for their normal business operation.
Adverse Impact
http://www.employtest.com/employment-testing-blog/bid/75787/Is-pre-employment-testing-legal
Result cannot lean toward one-side
Counterproductive Behavior
http://www.palgrave-journals.com/jibs/journal/v44/n9/full/jibs201342a.html
http://www.emeraldinsight.com/journals.htm?articleid=1921749
Low Education
http://diversity.ucsc.edu/resources/images/ace_report.pdf
Extra Care
Language Barriers
Work Visa Support
Extra Training
Problems of Exceptions
Difficulty to determine "
Unqualified
"
Elephant and Mouse
Expensive Tuition

http://www.trustship.co.jp/syakuchimondai.html
Recommendations
Conclusion
Companies can conduct racial discrimination if their decision is reasonable and job-related.
" I have seen something else under the sun: The race is not to the swift or the battle to the strong, nor does food come to the wise or wealth to the brilliant or favor to the learned; but time and chance happen to them all (Ecclesiastes 9:11, New International Version).
"And masters, treat your slaves in the same way. Do not threaten them, since you know that he who is both their Master and yours is in heaven, and there is no favoritism with him" (Ephesians 6:9, New International version).
Full transcript