America Needs Affirmative Action Essay - 1384 Words

Discrimination against race, gender, religion, or other social characteristics is occurring in all parts of the United States almost every day. Unfortunately, the U.S. has a history of extreme case of discrimination, which has evoked controversy and in worse cases, violence. To discourage any more of adverse discernment towards certain individuals, the Federal government has imposed legislation called affirmative action. According to At Issue: Affirmative Action, â€Å"Affirmative action is designed to promote access to opportunities in education, employment, housing, and government contracts among certain designated groups, such as women and minoritiesâ€Å" (At Issue). This law is necessary in today’s society in order to maintain equality and†¦show more content†¦Companies and educational institutions greatly benefit from the guidelines of affirmative action because they profit from the different ideas, work styles, and contributions unique to each diverse individ ual. As quoted in Paul Connors’s compilation, Affirmative Action, President of Columbia University, Lee Bollinger, addresses the importance of a diverse educational system by stating, â€Å"The experience of arriving on a campus to live and study with classmates from a diverse range of backgrounds is essential to students training for this new world, nurturing in them an instinct to reach out instead of clinging to the comforts of what seems natural or familiar† (12-13). A statement by Southeastern Oklahoma State University further supports the idea that success in modern day society stems from diversity saying, â€Å"Our country is strong because of the rich diversity of our culture, not in spite of it† (Affirmative Action). Not only does Affirmative action prevent discrimination, but also this legislation implemented by the national government can diversify and improve the overall well being of businesses and schools. Sometimes individuals of a minority group are rejected for a position or declined acceptance to a university not because they are inept, but due to outdated stereotypical assumptions that cause an employer or official to reconsider that person. The ideas behind affirmative action prevent unfair labeling from those whoseShow MoreRelatedAn Ethical Dilemma: Affirmative Action, Do We Still Need It?1706 Words   |  7 PagesDilemma: Affirmative Action, Do We Still Need It? An Ethical Dilemma: Affirmative Action, Do We Still Need It? Abstract This paper discusses the importance of affirmative action in today’s society and the ethical role it plays when Employers and Universities are considering entry to their respected places of establishment. The paper will conclude with what America will face in the future in terms of affirmative action. An Ethical Dilemma: Affirmative Action, Do We Still Need It? Read MoreAffirmative Action in Universities728 Words   |  3 PagesAffirmative Action in University Admissions All across America, universities have been denying highly qualified applicants to accept minorities who are usually less qualified. These admissions processes misuse the basic principle of affirmative action. Affirmative action is a mandate that says that minorities should be given special opportunities. In 1952, when President D.W. Eisenhower was in office, he decided to let the states decide whether or not to use affirmative action (AffirmativeRead MoreAffirmative Action Is The Most Important Modern Anti Discrimination1578 Words   |  7 Pagesdistrict of Columbia in the United States of America once said that â€Å"affirmative action is the most important modern anti-discrimination technique ever instituted in the United States. It is the one tool that has had a demonstrable effect on discrimination. No one who knows anything about the subject would say it hasn t worked. It has certainly done something, or else it wouldn t have provoked so much opposition†. This means that affirmative action is a modern anti-discrimination technique thatRead MoreAfrican American Economy : African Americans909 Words   |  4 Pageseducation at a rate lower than other groups in society, and lack opportunities in the workforce. These are just two of the elements that cause the wealth gap between Blacks and Whites in America’s financial system. African men and women were brought to America for slavery. Once the slaves were freed, they had to find work and enter into the American workforce with little or no education. Therefore, countless Blacks were forced to take lower level jobs in American society. As a result, racism and inequalityRead MoreAffirmative Action1571 Words   |  7 PagesName Professor Name Management 11th November 2011 Affirmative Action Thesis: Affirmative Action has helped many women and minorities in entering the job market. Although there has been a lot of hue and cry regarding the benefits of the affirmative action and the suitability of candidates selected thorough affirmative action; research has shown that affirmative action is beneficial and the candidates of affirmative action perform as well as those who are selected through theRead MoreAffirmative Action And Its Effects On Affirmative1263 Words   |  6 PagesThroughout America there are many different views on the effects of affirmative action. Many see it as a negative policy which gives an unnecessary advantage to minorities in America. In a 2009 Pew Poll, â€Å"58% of African Americans agree† and only â€Å"22% whites agree† that there should be â€Å"preferential treatment to improve the position of blacks and other minorities† (Public Backs Affirmative Action†). Today affirmative action and other racial injustices tend to be in the spotlight quite often, suchRead MoreAffirmative Action774 Words   |  4 PagesAffirmative action is a practice that is intended to promote opportunities for the â€Å"protected class† which includes minorities, woman, and people with disabilities or any disadvantaged group for that matter. With affirmative action in place people of this protected class are given an even playing field in terms of hiring, promotion, as well as compensation. Historically, affirmative action is only known to have protected African Americans and woman; however that is not the case. Affirmative actionRead Moreaffirmative action1695 Words   |  7 Pagesï » ¿ Abstract What is affirmative action? Affirmative action is an action or policy favoring those who tend to suffer from discrimination, esp. in relation to employment or education; positive discrimination. In the 1940s: President Roosevelt signed an order making discrimination illegal in defense contracting. 1954: The U.S. Supreme Court ruled in Brown v. Board of Education that separate but equal facilities on the basis of race were unconstitutionally discriminatory. The Act of 1964: CongressRead MoreThe Debate over Affirmative Action1307 Words   |  5 Pagesdebate over affirmative action. Although the United States has made great strides in improving race relations over the past forty years, affirmative action continues to be one of the most controversial policies in America. It has rattle the halls of higher education. It has appeared on the steps of the Supreme Court. And it has divided not only different racial groups, but even members of a single racial group. In fact, I’ve heard some of the most heated conversation over affirmative action between twoRead MoreAffirmative Action719 Words   |  3 PagesAffirmative Action Generations of families have suffered due unequal laws or prejudices set in place to prevent minorities from growing. Slavery, segregation, separate but equal laws, the trail of tears, failing ESOL classes, unequal pay and so much more effect todays youth and causing history to change slowly if at all. Affirmative action has good intentions and is very much needed in todays world however it sometimes fails doing what it was created to do. The extra points given to the

The Levels Of Law Enforcement - 1190 Words

Since the beginning years of American history and basically every other country has been kept safe by the police or police type department. In the United States, there are three levels of law enforcement, there is the Federal level, the State level, and the Local level. The levels of law enforcement have various duties but most duties are very similar. Every day in the field is very different. The job can also be extremely stressful, and law enforcement professionals need specific training to succeed. A career in law enforcement is a secure job to have because crime never stops. What is law enforcement? It is a system where members of society perform in such manner to enforce laws by discovering, deterring, rehabilitating, or punishing the members of society who violate the laws that protect society. In other words â€Å"The generic name for the activities of the agencies responsible for maintaining public order and enforcing the law, particularly the activities of prevention, detec tion, and investigation of crime and the apprehension of criminals† (BJS). Quick History In April of 1635, the City of Boston established the first system of law enforcement in the 13 colonies. They were called the â€Å"Night Watch†, the officers worked part-time with no pay. It was until 1712 when the City of Boston hired its first paid full time law enforcement officer in the 13 colonies. On September 24, 1789 â€Å"the United States Congress created the first Federal law enforcement officer, the UnitedShow MoreRelatedLaw Enforcement Officials At Multiple Levels860 Words   |  4 Pages Serious misconduct amongst law enforcement officials at multiple levels has come to the forefront of pertinent issues facing the United States of America. 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The similarities include power to make arrests without warran t for some crimes; they all carry firearms and are trained in similar law enforcement skillsRead MoreThe University Police Department : An Highest Level Of Professional Law Enforcement1428 Words   |  6 PagesIt is the mission of University Police that all members of the University Police Department are committed to providing the highest level of professional law enforcement services to all within the university community, regardless of race, creed, national origin, or sexual orientation (UPD, n.d.). â€Å"We are evidence based, and data/records do not suggest a need for change,† (Lieutenant, personal communication, October 17, 2014). 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Administrative Law Philippines Free Essays

string(105) " and make certain that they truly and accurately reflect their conclusions and their final dispositions\." 1. Administrative Findings Given Great Weight in Court Sebastian F. Oasay, Jr. We will write a custom essay sample on Administrative Law Philippines or any similar topic only for you Order Now vs. Palacio del Gobernador Condominium Corporation and Omar T. Cruz,  [G. R. No. 194306, February 6, 2012. ] LINK: http://lexoterica. wordpress. com/2012/03/05/february-2012-philippine-supreme-court-decisions-on-labor-law-and-procedure/ Appeal; factual finding of NLRC. Findings of fact of administrative agencies and quasi-judicial bodies, which have acquired expertise because their jurisdiction is confined to specific matters, are generally accorded not only respect but finality when affirmed by the Court of Appeals. Factual findings of quasi-judicial bodies like the NLRC, if supported by substantial evidence, are accorded respect and even finality by the Supreme Court, more so when they coincide with those of the Labor Arbiter. Such factual findings are given more weight when the same are affirmed by the Court of Appeals. In the present case, the Supreme Court found no reason to depart from these principles since the Labor Arbiter found that there was substantial evidence to conclude that Oasay had breached the trust and confidence of Palacio Del Gobernador Condominium Corporation, which finding the NLRC had likewise upheld. Gatus vs. SSS [G. R. No. 174725, January 26, 2011] LINK: http://sc. judiciary. gov. ph/jurisprudence/2011/january2011/174725. htm The sole issue to be determined is whether the Court of Appeals committed grave abuse of discretion in affirming the finding of the ECC that petitioner’s ailment is not compensable under Presidential Decree No. 626, as amended. xxx The burden of proof is thus on petitioner to show that any of the above conditions have been met in his case. The required proof is further discussed in  Ortega v. Social Security Commission[17]: The requisite quantum of proof in cases filed before administrative or quasi-judicial bodies is neither proof beyond reasonable doubt nor preponderance of evidence. In this type of cases, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. In this case, substantial evidence abounds. xxx The questioned Decision deemed as established fact that petitioner is a cigarette smoker; but petitioner vehemently denies this, saying there is no competent evidence to prove he had that habit. What petitioner would like this Court to do is to pass upon a question of fact, which the ECC, the SSS, and the Court of Appeals have used to deny his claim for compensation. This is not allowed under Section 1 of Rule 45, which states that â€Å"[t]he petition shall raise  only questions of law  which must be distinctly set forth. â€Å"[21]  Hence, questions of fact may not be taken up in a petition for review on  certiorari  such as this case now before us. As we have held previously: A question of fact exists when the doubt centers on the truth or falsity of the alleged facts while a question of law exists if the doubt centers on what the law is on a certain set of facts. There is a question of fact if the issue requires a review of the evidence presented or requires the re-evaluation of the credibility of witnesses. However, if the issue raised is capable of being resolved without need of reviewing the probative value of the evidence, the question is one of law. xxx The matter of petitioner’s cigarette smoking, established by two competent government agencies and the appellate court, is thus a matter that cannot be questioned before us via petition for review. There is no doubt that petitioner deserves sympathy because even the benefits already given to him were questioned after the SSS found that he was a chronic cigarette smoker. For humanitarian reasons, as he pursued his claim all the way to the Court as an indigent litigant, and due to his advancing age, we would like to clarify that what had already been given him should no longer be taken away from him. But he is not entitled to further compensation for his condition. We have once more put great weight to the factual findings of administrative agencies and quasi-judicial bodies, namely the SSS and the ECC, as they have acquired expertise in all matters relating to employee compensation and disability benefits. As we have held in  Ortega v. Social Security Commission[25]: It is settled that the Court is not a trier of facts and accords great weight to the factual findings of lower courts or agencies whose function is to resolve factual matters. It is not for the Court to weigh evidence all over again. Moreover, findings of fact of administrative agencies and quasi-judicial bodies, which have acquired expertise because their jurisdiction is confined to specific matters, are generally accorded not only respect but finality when affirmed by the Court of Appeals. 2. Decisions not stating facts and the law Saballa, et. al vs. NLRC [G. R. Nos. 102472-84. August 22, 1996] The Issue The petitioners raised the lone issue of whether or not: RESPONDENT NLRC GRAVELY ABUSED ITS DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN, DESPITE THE OVERWHELMING EVIDENCE TO THE CONTRARY, IT DECLARED THE RETRENCHMENT OF PETITIONERS VALID AND LEGAL. † Petitioners argue that while the  NLRC  claimed to disagree with the factual findings/conclusions of the arbiter, it did not state what particular findings and conclusions it could not go along with; and while the Decision purports to apply the requisites for a valid retrenchment, the public respondent did not specify what those were. Further, citing  Lopez Sugar Corporation vs. Federation of Free Workers,[15]  petitioners claim that private respondent failed to show by convincing proof the concurrence of the requirements for valid retrenchment, and among other things, failed to show that the losses sought to be prevented were substantial and reasonably imminent. On the contrary, according to petitioners, the evidence on record clearly shows that the enforcement of the retrenchment program was attended by bad faith. The Court’s Ruling NLRC  Decision Arbitrary The petition is meritorious. This Court has previously held that judges and arbiters should draw up their decisions and resolutions with due care, and make certain that they truly and accurately reflect their conclusions and their final dispositions. You read "Administrative Law Philippines" in category "Essay examples" [16]  A decision should faithfully comply with Section 14, Article  VIII  of the Constitution which provides that no decision shall be rendered by any court without expressing therein clearly and distinctly the facts of the case and the law on which it is based. If such decision had to be completely overturned or set aside, upon the filing of a motion for reconsideration, in a subsequent action via a resolution or modified decision, such resolution or decision should likewise state the factual and legal foundation relied upon. The reason for this is obvious:  Ã‚  aside from being required by the Constitution, the court should be able to justify such a sudden change of course; it must be able to convincingly explain the taking back of its solemn conclusions and pronouncements in the earlier decision. 17]  The same thing goes for the findings of fact made by the  NLRC, as it is a settled rule that such findings are entitled to great respect and even finality when supported by substantial evidence; otherwise, they shall be struck down for being whimsical and capricious and arrived at with grave abuse of discretion. 18]  It is a requirement of due process and fair play that the parties to a litigation be informed of how it was decided, w ith an explanation of the factual and legal reasons that led to the conclusions of the court. A decision that does not clearly and distinctly state the facts and the law on which it is based leaves the parties in the dark as to how it was reached and is especially prejudicial to the losing party, who is unable to pinpoint the possible errors of the court for review by a higher tribunal. 19] Based on the foregoing considerations, we find the assailed Decision arbitrary in its naked assertion that:  Ã‚  Ã¢â‚¬Å"(A)pplying the requisites (for valid retrenchment) to the instant case, we lent credence to respondent’s evidence supporting the fact that it was suffering financial reverses (pp. 118-136). Hence, complainant’s separation is valid, due to retrenchment. † The Decision does not indicate the  specific  bases for such crucial holding. While it  enumerated  some of the factors that supposedly weighed in favor of private respondent’s position,  i. e. , theNEA’s foreclosure letter; the  NPC’s disconnection letter; private respondent’s Income Statement; the fact that the employees’ union agreed to the â€Å"forced leave† policy instead of the drastic measure of retrenchment; and the impossibility of reinstating the petitioners â€Å"considering the financial losses for 1988 alone not to mention the losses incurred for 1989 and wage increases imposed by the government (pp. 13-141,  rollo),† the public respondent nevertheless did not bother to explain how it came to the conclusion that private respondent was experiencing business reversals, nor did it specify which particular data and document it based such conclusion upon. This can only be because the private respondent failed to show convincingly by substantial evidence the fact of its failing financial health , and that such retrenchment was justified. Our observation is bolstered further by the Comment of the public respondent where it tried to rationalize its ruling by saying: â€Å"It is to be noted that private respondent x x x is a big and reputable company and for them to admit that it is in distress is a bitter pill to swallow, yet they must accept the sad situation that they are in. This representation believes in the veracity of respondent’s x x x position. † Even resorting to the records does not help. The termination letter dated October 18, 1988[20]  stated that the reason for the retrenchment was â€Å"to avoid Coop financial losses. † However, the imminent loss sought to be forestalled by the retrenchment of petitioners was not actually indicated or specified. Page 118 of the records is the demand letter of  NEA  for payment of private respondent’s arrearages as of June 30, 1988. It warned that the account in the amount of approximately P8. 5 million should be settled within 30 days otherwise  NEA  will exercise its right to foreclose. But the records do not show that any property of private respondent was ever foreclosed nor that the savings from the salaries of the retrenched petitioners were to be used to pay for the arrearages; neither was it shown that private respondent did not have the resources to pay said obligation. Page 119 of the records is a Notice of Disconnection stating that the private respondent was required to pay twenty five percent of its outstanding bill to the  NEA  or face power disconnection on July 29, 1988. But private respondent did not show that such disconnection was effected then nor that the allotment for petitioners’ salaries was to be used to pay for this bill. The private respondent in its motion for reconsideration asked that the labor arbiter take judicial notice that  NPC  eventually disconnected its power supply on April 10, 1989, but this only means that the private respondent must have been able to pay up and settle its account on or about July 29, 1988, as it was not disconnected until April 10, 1989. By October 18, 1988, the losses, if any, sought to be proven by these documents would already have been sustained, so there could not have been any imminent loss which was to have been forestalled by the retrenchment of petitioners effected at that time. In other words, these abovementioned documents did not show any expected loss which made the retrenchment reasonably necessary, nor that such retrenchment was likely to prevent the expected loss. We do not deny that the private respondent would suffer losses as a result of a foreclosure or power disconnection, however, it failed to show how these threatened events eventually affected the cooperative’s financial health, if they ever happened at all. Besides, they are irrelevant because the imminent loss was supposed to come after October 18, 1988, months after these incidents. Moreover, pages 120-136 of the records (referred to in the assailed Decision) are the financial statements of the private respondent which are  unaudited  by independent external auditors and are without  Ã‚  Ã‚  accompanying explanations. This Court has previously held that financial statements audited by independent external auditors constitute the normal method of proof of the profit and loss performance of a company. [21]  And since private respondent insists that its  critical financial condition  was the central and pivotal reason for its retrenchment and forced leave programs, we therefore fail to see why it should neglect or refuse to submit such audited financial statements. Apart from that, we noted that the said unaudited statements were filled with erasures; some entries were even handwritten, and different typewriters were used. There is therefore serious ground to doubt the correctness and accuracy of said statements. Additionally, these statements require further explanations before the accounting procedures of private respondent can be understood. Thus, the Court is wary of according them any probative value, especially since respondent Commission seems to have treated them in a similar fashion by not discussing them in its Decision. In brief, we hold that public respondent gravely abused its discretion in rendering the challenged Decision without adequately explaining its factual and legal How to cite Administrative Law Philippines, Essay examples