| "Affirmative Action" in the Workplace |
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| Pursuant to Executive Order 11246, certain federal contractors and subcontractors must take affirmative action to hire and promote qualified employees who are members of minority groups, female, disabled, or Vietnam Era veterans. An employer that has entered into federal contracts of $ 10,000 or more in one year must agree not to discriminate against job applicants and employees on the basis of race, color, national origin, gender, or religion. These employers must also include an "equal opportunity clause" in their government contracts.
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| Taking of Property - The Fifth Amendment to the US Constitution |
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| The Fifth Amendment to the United States Constitution guarantees that a citizen's property cannot be taken from him or her without "just compensation." The "takings clause" of the Fifth Amendment applies to the federal government. It is also made applicable to state and local governments by the Fourteenth Amendment to the Constitution.
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| Individuals With Disabilities Education Act (IDEA) |
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| The Individuals with Disabilities Education Act (IDEA) requires a school district to evaluate a student's special needs and to provide the student with an individualized education program (IEP) or an independent educational evaluation. Parents are allowed input into the planning and modification of their child's IEP. Parents can bring a lawsuit against a school district for an alleged failure to provide an IEP.More... |
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| Employment Discrimination: Disparate Treatment and Disparate Impact |
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| Two theories of employment discrimination are "disparate treatment" and "disparate impact." Disparate treatment is the different or unequal treatment of individuals due to their membership in a protected class, such as employees with disabilities, older workers, and female workers. Disparate treatment must be deliberate. Disparate impact occurs when an employer's purportedly "facially neutral" policy or practice has an adverse effect on members of a protected class. In disparate treatment cases, an employer's intent is important, while in disparate impact cases, the consequences of an employment practice are important.
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| Are public schools allowed to test students for drugs and alcohol? |
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| There is little question that a drug test or an alcohol test is a search. Courts seem to be divided on the question of whether and when schools may require students to undergo drug and alcohol testing. Some state laws and constitutions offer greater privacy protection to students. Accordingly, courts often look to state laws in deciding whether school officials must have reasonable suspicion before demanding that a student take a drug or alcohol test.
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