The Disparity Between Disparate Treatment and Disparate Impact: An Analysis of the Ricci Case. - Ethical and Regulatory Issues Journal of Legal

The Disparity Between Disparate Treatment and Disparate Impact: An Analysis of the Ricci Case.

By Ethical and Regulatory Issues Journal of Legal

  • Release Date: 2010-07-01
  • Genre: Law

Description

INTRODUCTION The legal environment is a complicated and expensive component that all business should closely monitor, as changes can change the competitive landscape. In order to sustain a competitive advantage, employers must stay abreast of the numerous changes within the law that has the potential to affect their business. The need to monitor changes within the law is heightened when the business hires employees, as employment law issues have become the most litigated facet of law for small business owners. While the employee at-will doctrine still governs most employees, courts and legislatures have carved out numerous exceptions in order to afford additional safeguards to employees that they otherwise would not enjoy (Galberry, 2000). One of the more publicized examples involves employees seeking protections bestowed upon them through their employee handbook (Galberry, 2000). Courts consistently recognize that employee handbooks can create a reasonable expectation of rights as provided for within the handbook (Galberry, 2000). As a result, many attorneys are now advising their business clientele to adopt "employee instruction manuals" as opposed to employee handbooks in order to circumvent the negative precedence associated with the employee handbook.

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