Illegal Aliens and the After-Acquired Evidence Essay

Illegal Aliens and the After-Acquired Evidence - Essay Example The doctrine may level the playing field for employers in employment discrimination claims. However, there is also a danger of inequitably undermining the plaintiff's claims of demonstrating authentically unlawful motivations of employers. The After-Acquired Evidence Doctrine is one of the most controversial rules recently contained in the employment law. As claims on employment discrimination are often invoked in courts by those who alleged unlawful discharge as a consequence of their ethnicity, religion, disability, gender or race, the US courts' decisions with regards these claims have transformed and encompassed contingencies that were neither promulgated nor mulled over by the legislature. The After-Acquired Evidence Rule spawned to be a ground-breaking doctrine which takes into account misconducts - such as document and resume fraud - and the legality of the working status of a person - such as that of an illegal alien. The most controversial aspect of this doctrine is that the evidence discovered which included the misconducts and the illegality of a person's status as aforementioned are still admissible in courts which will consequently undermine a plaintiff's claim of employment discrimination - even if the mi sconducts are discovered after the employee is discharged. One of the most significant aspects of the Acquired-Evidence doctrine is that plaintiffs are prohibited from all remedies although the misconduct done by the claimant is discovered after the termination of employment has been put into effect (Bangert et al, 1999). This ruling is essentially distinct from the customary employment discrimination cases in that, it bestows employers a more reasonable summary judgment. The claim for discrimination becomes irrelevant as the emphasis of the employment discrimination case switches towards the employee misconduct. Normally in an employment discrimination case, the argument centers on the employment decision, as for instance, termination of employment, and the purpose of the employer. This only means that the falsification of documents, resume fraud and the legality of a worker's status may reduce or even eliminate the liability of the employer in an employment discrimination suit. Wettre (2007) asserts that the after-acquired evidence defense 'may level the playing field for employers' in the current system whose bias leans towards employees. The scope and range of the after-acquired evidence doctrine are extensive since it applies to a variety of cases with regards to employment law. The scope includes, for instance, an employee who discharged harmful chemicals, an act unknown to his employers, before his termination. The court would normally decide that it is justifiable for the claimant to receive limited or no back pay damages at all in the light of his violations as for example, releasing hazardous chemicals. 1 In other applications of the doctrine, a claimant's prior conviction unknown to his employer and in the first place barred him from employment for the public position, are rationales for his claims to be dismissed.  

The Big Data Challenges Case Study Example | Topics and Well Written Essays - 1000 words

The Big Data Challenges - Case Study Example Additionally, Volvo also required a system that could deliver timely reports that are easier to recognize with the intention that Volvo managers and analysts could put together more effective and influential business scenarios for their proposals. In order to deal with these challenges Volvo Car Corporation decided to acquire and implement a Microsoft based data management solution. The basic purpose of implementing this solution was to make simpler its IT infrastructure, offer graphical self-service reporting functionalities, and enhance cooperation among other business employees (Microsoft Corporation, 2012; Business Cloud, 2010). This solution is based on Microsoft SQL Server 2012 Business Intelligence data management software and a wide variety of other BI tools and technologies such as Microsoft Office 2010 and Microsoft SharePoint Server 2010. The company decided to implement this cloud based solution for the reason that cloud computing offers a number of advantages. In fact, t he implementation of a cloud computing based infrastructure will allow business employees to get access to and make use of IT services that are very useful to them that they would otherwise have to develop and implement themselves. The implementation of cloud based infrastructure will also allow firm to go global for the reason that any of their existing or newly opened offices wherever in the globe can straight away take advantage of their IT environment and can make use of their latest services. In this scenario, they would not have to wait for the company’s endeavors for developing and implementing IT environment or to pipe it into their network; on the other hand they can start making use of it immediately. The implementation of cloud computing environment allows the business organizations to continue to be improved in due course, in this scenario, Volvo Car Corporation is expecting to a greater extent coming their way, and they can just take benefit of these opportunitie s (Microsoft Corporation, 2012; Business Cloud, 2010). One of the biggest reasons for deciding to choose products from Microsoft Corporation is that Microsoft products provide an excellent support for working in cooperation and collaboration. Additionally, Volvo Car Corporation is also going to implement the latest Power View feature in SQL Server 2012 Reporting Services. Basically, this is a self-service reporting tool that facilitates the users of data to deeply study and investigate their data themselves and get answers of informal queries without much effort. In addition, this tool provides the users with drag-and-drop graphical data displays and data-querying which are equally helpful for both skilled as well as nontechnical users. It is expected that this cloud based infrastructure will bring about an uncomplicated IT infrastructure as well as enhanced business efficiency that will help Volvo Car Corporation to run their business more competently as well as make it simple for business workers to work together. As the implementation of a cloud based infrastructure will improve communication and coordination between business workers by merging a wide variety of features such as data, reporting and business intelligence tools in a single online platform, which allows business employees to simply produce, share, save, update and deliver their work (Microsoft Corpor