Case Design Research Portfolio Assignment Help

ULO1: Understand the institutional characteristics and specific legal issues relating to sport, in particular those that are critical for comprehending the legal and ethical concerns in the field of sports management, from thecommunity (amateur) through to the elite (professional) level setting.

ULO2: Apply legal reasoning skills, through the identification, analysis, and application of relevant legal rules pertinent to hypothetical legal fact situations relating to sport (at all levels) both in Australia and internationally.

ULO3: Critically analyse the institutional characteristics and specific legal issues relating to sport, in particular those that are critical for comprehending the lega and ethical concerns in the field of sports management, from thecommunity (amateur) through to the elite (professional) level setting.

ULO4: Effectively demonstrate independent research and digital literacy skills in support of legal argument and critical discussion.

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Part A

Discrimination case research summaries:

1. Racism Discrimination: it was observed that around 11 workers from a popular trucking company at Denver were awarded around $15 million for winning a lawsuit against their organisation (sanfrancisco.cbslocal.com, 2015). The payment was received due to punitive damages and also included emotional distress pay and back payments. The employees at the lawsuit alleged that their organisation segregated its workers based on their race and the black employees were treated in a poor manner and received remarks such as "stupid Africans" from their white managers and often black employees were fired without any significant reason just due to their race. The employees revealed that NorCal trucking company often favoured employees over black workers repeatedly and they received promotions and recognitions with increased wages and other benefits and were paid double to work on holidays which are a desire of every worker but the company operates in a bias manner. Workplace discrimination is one of the most significant are of concern that affects the performance of the employees and the outcome of the company.

2. Disability Discrimination: According to the report of (bbc.com, 2019), a tribunal revealed that Meseret Kumulchew was discriminated by a popular coffee brand Starbucks after making a mistake due to her difficulties an issues with writing, reading and telling time. She was discriminated and giver lesser duties ad was told to retain which encouraged suicidal tendencies in her. As a Starbucks supervisor Ms Kumulchew was responsible for maintain the temperature of refrigerators and the water system at particular time and she has to enter results of the entire day in a roster. It was analysed that she was accused by the company for falsifying the documents after she mistakenly entered wrong information. She took her case to the employment tribunal alleging the disability discrimination as she has always made her company aware that she was dyslexic who means she has difficulties with numbers and words and was required to explain task in a visual manner.

3. Pregnancy discrimination: The case of Walmart's discriminatory practice and policies are increasing in context of accommodations in the workplace for their pregnant employees. It was observe that Plaintiff Otisha Woolbright a female resident of Jacksonville, Florida, was a Walmart employee associated with the company for more than a year (Kitroeff & Silver-Greenberg, 2018). It was analysed that when Otisha Woolbright got pregnant she requested her manager to excuse her from lifting heavy trays as it can affect her condition. it was the responsibility of the organisation to take of their employees yet after requesting the manger the manager responded that she had seen a popular figure Demi Moore doing a flip on television when she was full term indicating that being pregnancy is not considered as an excuse in the firm and therefore MS Woolbright kept lifting heavy trays until she got hurt. The employees of Walmart received a number of alleged cases of pregnancy discrimination due to their poor pregnancy policies.

4. Age Discrimination: Achim Beck a banker was observed to sue his employer for age discriminatory issues. He claimed that his employer sacked him as the organization wanted a younger employees to do his job (Wallop, 2009). The court is observed to be in his favour and is yet to decide the compensatory amount however; it is expected to be thousands of pounds after the employment tribunal ruled out that the Achim Beck has been unfairly dismissed due to his age. It was found that he was replaced by a worker of 38 years. Lawyers stated that the ruling was essential and enhanced how the age discrimination regulations that were introduced just 3 years back were being gravy train for a number of disgruntled employees who lost their job. It is an increasing issue and requires strict actions so that people who are being unfairly dismissed can receive justice and the regulations of unfair dismissal can be function in the most appropriate manner.

5. Gender discrimination: it is analysed that Walmart a popular retailer is experiencing issue of seal discrimination lawsuit eight years after the Supreme Court blocked this company from experiencing the largest gender discrimination case ever brought against a particular employer. It was observed that around 100 employees filed case against Walmart on grounds of gender discrimination revealing that the managers denied equal pay for retail stores and salaries of managerial positions were also unequal (Sainato, 2018). Francina Radtka expressed concerns to her manager regarding her salary after she acknowledged that other department managers who were men were paid more than her, and she had to resign after she was forced to take up duties as a bakery manager without any increased compensation. It is analysed that the firm's regulations and practices are inappropriate as per the law of the country and the employees need legal support so that these unjust practices can be mitigated.

Part B

Case design

Legal principles are the legal norms that are different from the latter that are the legal norms of the general application that is observed to ignore certain legal facts. These are considered as rules of human behaviour that were used to be considered just before the regulations or the laws started being written. The legal principles associated with the five mentioned cases have been illustrated below:
The case of racial discrimination revealed the the employer breached a number of discriminatory Acts and regulations of the country such as

- Equality Act 2010: this Act was formulated by the legislative body of the country in order to provide protection to all the employees from any kind of discrimination based on religion, gender, pay, race and more (Act, 2010).

- Anti Discrimination Law: As per this law it is illegal to under the US federal law to discriminate on individuals based on their beliefs, practices, religion and races (Groups & Centre, 2017).

Disability incrimination: in this case a dyslexic women was discriminated by her organisation which breached the following regulations

- The Disability Discrimination Act 1992 according to this act it is illegal to discriminate an individual in any aspects of life including education, employment, renting and many other services due to his or her disabilities

- Equality Act 2019: all the members of the firm must be provided with equal responsibilities and growth opportunity.
Pregnancy discrimination: the employers at Wal-Mart violated the following acts

- Civil Right Act 1964: As per this Act it is illegal to discriminate among employees on the basis of, religion, colours, race, national origin or sex.

- Pregnancy Discrimination Act: As per the Pregnancy Discrimination Act of 1978, is the regulation of the United State. It helps in amending the title Vii of the Civil Rights Act of 1964 that prohibits sex discrimination on the grounds of pregnancy (Perrewé et al., 2019).

Age discrimination: In this case it was analysed that certain legislations mentioned below was violated by the employers

- Employment Rights Act 1996: These are the rights that are rewarded to the workers which involves time off for parenting, reasonable notice before any dismissal and more. As it was observed that Mr Beck was unfairly dismissed.

- Equality Act 2019: in this context the Age discrimination is a vital factor which states that employees cannot e discriminated based on their age.

Gender discrimination: this case breached a number of regulations such as:

- Sex Discrimination Act of 1975: According to this Act organisations cannot discriminate among its employees based on their sex.

- Equality Act 2019: AS per this act organisations must provide equal growth opportunity to all its employees.

- Equal Pay Act 1963: this Act of the United State helps in mitigating the unequal wage distribution among its employees based on their gender (britannica.com, 2019). This Act encourages pay based on skill and performance irrespective of the sex of the candidate.

Part C

Legal Analysis

Racism Discrimination

Issue: the primary issue in this case was racial discrimination against the black workers in the trucking organisation. The management misbehaved with the black employees and they experienced issues of unfair dismissal, ill treatment, unfair behaviour, misconduct at workplace and more. The employees were called stupid, black, lazy and more such unethical language that influenced their self confidence and affect their civil rights.

Legal rules: the legal rues such as Equality Act 2019, Anti Discrimination law were effective in this case in order to protect the civil rights of the employees.

Fact an application of the law: the mentioned laws were formulated in order to protect the employees against any kind of racial discrimination. So as per the legislations of the government the company was expected to protect the rights of the employees and treat them in a fair and equal manner.

Conclusion: It s concluded that the employees were accurate and filing a case against company violating such significant legislation was important in order to ensure the safety of every employee and encourage other organisation to adopt regulations in an efficient manner so that employee harassment can be reduced.

Disability Discrimination

Issue: in this case it was observed that the employee was a dyslexic and was accused of falsely corrupting the roster while she mistakenly entered the digits. The employers were well aware about the disability of the employee and should have followed the guidance of the legislation of the country while dealing her.

Legal rules: the legal rules valid in this case involved Equality Act 2019 as per which the dyslexic employee must be treated in an equal manner as others and Disability Act 1992 in which the disabled employees should not be discriminate by other employees.
Fact an application of the law: the laws are meant to ensure that disabled persons are able t get equal employment opportunity and are able to enhance their living standards. Due to this law disabled individuals are encouraged to apply for jobs and earn their living.

Conclusion: It is analysed that the employment tribunal that helped the dyslexic employee to file a case against Starbucks were helping the employee in maintain civil rights and maintain the legislation of the country. The case was in favour of the disabled employee and he organisation will have to compensate for the damages.

Pregnancy Discrimination

Issue: In this case Plaintiff Otisha Woolbright was not excused by her employer due to pregnancy and was forced to lift heavy trays during her pregnancy. It was analysed that she suffered from pain and after on sued her employer for violating her civil rights.
Legal rules: The legal regulations of Plaintiff Otisha Woolbright included Pregnancy Discrimination Act and Civil Right Act 1964 that have been formulated in order to protect the workers from discrimination during pregnancy (Andrews & Gaby, 2015). The behaviour of the mange of Walmart was unethical and inconsiderate.

Fact an application of the law: As per this law teh manger should have taken the initiative of lowering the work load of Plaintiff Otisha Woolbright or should have transferred her duties to the roles where she was not supposed to suffer any health issues.
Conclusion: The case of pregnancy discrimination against Wal-Mart is increasing due t their poor policy and practices. It is important that the firm should take up initiative of improving their practices and respect the legislations of the country and operate as per the legal norms.

Age Discrimination

Issue: In this case it was analysed that Achim Beck was dismissed in an unfair manner form his job due to his increasing age. A younger employee was appointed in his place in order to carry out his duties.

Legal rules: Employment right Act 1996 and Equality Act 2019 were discriminated in this case; the management dismissed the employee in an unfair manner without any valid reason (Taylor & Emir, 2015). These acts protect employees from unfair dismissal and dismissal due to age. If the employee is able to perform his duties in a fair manner the termination is illegal.

Fact an application of the law: These legislations protect employees against being dismissed in an unfair manner. As per the regulation management were suppose to provide Achim Beck a reasonable notice for termination. Age is not considered a valid reason of termination as per the legislation of the United States.

Conclusion: It is concluded that suing the company for illegal and unethical behaviour and practices is a valid action of Achim Beck. The curt is also in favour of Achim Beck however; the compensation that must be paid for the company is not yet decided but is expected to be thousands of dollars.

Gender Discrimination

Issue: the cases of gender discrimination are increasing, most of the company has a male dominant work ambience and females receive less recognitions as well as pay. This is one of the primary areas of concerns. As in the case of Walmart it was observed that the company has received a majority of allegation against gender discrimination.

Legal rules: Sex Discrimination Act 1975, Equal Pay Act 1963, and Equality Act 2019 are the few regulations that are responsible to ensure the civil right of workers and ensure that they are not discriminated due to their sex.

Fact an application of the law: this law would have ensured that women as well as male workers receive equal pay as per their designations and position in the company. They will not be discriminated due to their gender. However, in Walmart male managers received more salary than female manger.

Conclusion: This case helps in concluding that ensuring the rights of employees is important and suing the company on the ground of gender discrimination is important so that awareness can be created and discrimination can be abolished.

Part D

Critical Reflection

Legal Issue: In the first case of NorCal trucking company I was able to learn about the significance and impact of racial discrimination. The employees of the firm were being categorised based on their races that reduced the morals of the employees and violated their civil rights.

Laws of the issue: A per me Anti Discrimination and Equality Act of 2019 are valid for this case as these laws are meant to save the employees against racial discrimination. As the well developed countries are receiving skilled migrants it is important to have such policies of anti discrimination at workplace.

Critical reflection: The issue of ethical behaviour and thinking is the primary reason due to which the cases of racial discrimination are increasing. I am of the opinion that the organisation must adopt practices and policies that encourage ethical thinking so that employees of diverse culture receive respect and can perform in an efficient manner.

Conclusion: The court passed judgement in favour of the employees as they were discriminated and it was illegal as per the legislations of the country. This cased helped me in gaining insight about the legal practices and the way marinating legislations is significant or the company will have to pay compensatory amount for their unethical practices.

Legal Issue: The legal issue of disability discrimination is gaining huge attention nowadays. The government has shown significant support towards the disabled so that they are able to work and earn their living like any other individuals. However, the case of Meseret Kumulchew helped in understanding that popular brand such as Starbucks also lack appropriate compliance with the legislation.

Laws of the issue: Disability Discrimination Act 1992 and Equality Act 2019, help in maintaining the civil rights of the employees in a significant manner. As per these acts disabled employees of an organisation should be treated in equal manner and provided equal growth opportunity. However, I analysed that Starbucks in spite of knowing about the dyslexic condition mistreated their employee.

Critical reflection: This case helped me in learning about the discrimination issue and the legal norms that have been formulated by the government in order to support the disabled candidates so that they can earn their living. This initiative of the government helps in protecting the candidates.

Conclusion: this case helped me in gaining information regarding ethical behaviour and rights of employees. the roles of supervisors in allocating jobs as per the skills of the employees is necessary if the employee is dyslexic it is suggested that they should provide them with task that do not involve writing.

Legal Issue: The legal issue in case of Plaintiff Otisha Woolbright was pregnancy discrimination; the manager of Walmart was inconsiderate towards the pregnancy of Plaintiff Otisha Woolbright. It is analysed that in order to develop healthy working environment cooperation is necessary health and wellness for employees is the responsibility of the management.

Laws of the issue: I gained information regarding the legal norms such as Pregnancy Discrimination Act and Civil Right Act that are beneficial in maintain the rights of workers. As per these Acts women's should not be discriminated due to their pregnancy.

Critical reflection: The case of Plaintiff Otisha Woolbright was an area of concern as taking care of employee is necessary in order to gain high level of employee coordination and satisfaction. However, as Walmart failed to take care of their employee and filing the case against them was important in order to maintain the rights of every pregnant woman.

Conclusion: It is concluded that taking action against the company was significant as the issue of pregnancy discrimination is increasing however; I am not fully satisfied with this issue as the Acts suggest that equality can be maintained and as per that pregnant women is required to take equal responsibility which includes heavy lifting. However on an ethical not it is analysed that taking care of discomfort of employees is important and ensuring their safety is necessary.

Legal Issue: Age discrimination as in case of MR Beck was one of the most common problems that is resulting in loss of job of ageing population. In order to support this in just behaviour the government introduced certain legalisations.

Laws of the issue: I was able to learn about the legislations such as Employment Right Act 1996 equality Act 2019 which are formulated to support the aged population stating that if they are able to perform their task efficiently terminating them on age basis is illegal.

Critical reflection: I think this is one of the most important acts that help in providing support to the aged employees who deserve to work as they have the necessary skill and knowledge.

Conclusion: The case should be in favour of Mr Beck as he was unfairly dismissed from his job that is illegal as per the regulations.
Legal Issue: The issue of gender discrimination is increasing among the employees of Walmart

Laws of the issue: Sex Discrimination Act 1975, Equal Pay Act 1963 and Equality Act 2019, the vital information and guidance about these Acts were gained.

Critical reflection: this issue is significant as the women empowerment is necessary in order to encourage and motivate the skilled women in workforce to perform.

Conclusion: This case allowed me to understand about the laws that help and support the growth and development of individuals with skill irrespective of their gender.

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