History is witness to racial discrimination against those who are socially marginalized. Racial minority groups such as the Hispanics have been victims of racial tension for generations. Here is why lawyers and activists such as Karen DeSoto cannot overstate the need for a civil rights movement today. The Nature of the Problem
Studies show that as many as 52% of Hispanics in the United States experience racial discrimination or are treated unfairly due to ethnicity or race at some point in their lives. These occur in a number of forms ➔ Workplace Discrimination In spite of laws being in place to prevent such incidents, Hispanics are regularly being discriminated against. This could be in the form of harassment, being denied jobs or promotions, all because of their race. ➔ Hate Crimes Based on current political sentiments, hate crimes are at a high. While politicians may make racially charged rhetoric, the public takes these remarks as a passive permit to be violent towards a specific group. Also, with every new terrorism related incident, individuals tend to lash out on minorities, regardless of whether they know the difference between each race. ➔ Anti-Immigration Sentiments The public perception of immigration also affects how Hispanics are treated. Especially when people who lead the country come with polarizing opinions, discrimination tends to go up. Furthermore, lawmakers may be putting laws in place that harm immigrants but also affect how legal Hispanics are treated within the U.S. With other forms of discrimination such as racial profiling, housing discrimination and citizenship verification laws, there is an evident need for a civil rights movement in favour of the Hispanics.
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Harvey Weinstein is all over the news today for using his powerful position to prey on young, aspiring actresses. While for many, this may be just another story for the tabloids, his case has had far-reaching implications -- not only in the entertainment business but across work-environments in all industries.
With more stars coming out to talk about Weinstein, victims of harassment across the country are finding strength in voicing experiences that they otherwise would be ashamed to speak of. This movement raises the question – how should one act if confronted by a superior, employer, boss or colleague who suggests a career advancement on the basis of sexual favours? Here is what human rights activist Karen DeSoto has to say- 1. Maintain a record Keep a record of every email, text, comment on social media or verbal comment. Take screenshots of the comments, maintain a digital diary that will give your perspective on what you have experienced, and further help take relevant legal action if it comes to it. 2. Do Not Quit Remember that you have the right to be treated with dignity. Leaving your job is not an answer. If you quit, the perpetrator wins. Even seemingly strong, confident and highly successful women such as Angelina Jolie and Gwyneth Paltrow took years to find the courage to speak up against Weinstein. Remember that you are not wrong. Build resilience to fight for your rights. Finally, workplaces too, must get conscious and draft a clear code of conduct that protects victims from any form of harassment. People should be trained to understand their rights and understand what the company will simply not tolerate. Commercial Mediation is a confidential and private process of dispute resolution where independent, neutral third parties (i.e., the mediator) helps parties to arrive at an acceptable agreement and avoid lengthy and costly court procedures. Here is why Karen DeSoto believes commercial mediation may be advantageous in various disputes – ● Ownership of the Dispute Stays with the Parties The mediation is on the basis of both parties taking control. This means that the ownership of the dispute as well as its outcome continues to remain with the parties. It is possible to express their perspective throughout the mediation and arrive at a solution that works for everyone. ● Maintaining Confidentiality The process is entirely confidential and without prejudice. Also, any documentation or information that is privately shared with the mediator will not be passed on to other parties during mediation, unless there is an expressed permission given. ● Flexibility and Commerciality This process focuses on commercial settlements and arriving at realistic resolutions. Parties are expected to make non-binding concessions and propose their own suggestions to resolve the issue. With the flexibility to negotiate your own solution, all parties can leave feeling satisfied. In addition to this, the process can prove to be time and cost saving. Commercial mediation offers a quicker solution as compared to litigation. Essentially, mediation takes anywhere between four to six weeks. In some urgent situations, agreements may be signed even faster. Commercial mediation is also rather economical when compared to litigation. It enables parties to get back to their business faster, saving significant opportunity cost. It is estimated that the legal costs and expenses associated with the mediation process are approximately 20% of what it would cost if you went to court. Employment discrimination happens when a job applicant or employee is treated unfavourably due to his or her skin colour, nationality, race, religion, age or physical disability. Karen DeSoto, a Workplace Discrimination attorney, cannot overstate the fact that it is illegal to discriminate in any aspect of employment. This means that discrimination extends beyond the scope of recruiting or firing an individual. What the Law Says In Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate in hiring, discharging, promoting, referring and other aspects of employment on the basis of race, colour, religion, national origin and gender. This law is enforced by the Equal Employment Opportunity Commission (EEOC). Understanding the Difference between Discrimination and Harassment Not all forms of discrimination can be a cause of harassment. However, harassment is a form of discrimination. This includes unwelcoming behaviour by co-workers, managers, clients or any other individual at the workplace on the basis of colour, race, religion, gender, nationality, age, physical ability/ disability, genetic information, or health status such as pregnancy or being an HIV patient. Employment Discrimination on the other had can take place in a variety of situations such as – ● Suggesting or stating a preferred candidate profile in a job listing ● Excluding potential employees during the recruitment process ● Denying compensation or benefits to certain kinds of employees ● Paying different salaries to equally qualified employees in the same job position ● Disrupting or denying using of company facilities ● Discriminating when promoting or laying off employees If you believe that you are a victim of workplace discrimination or harassment, it is recommended that you contact a discrimination attorney right away. Co-founded by Karen DeSoto and David Weiss, the Institute for Dispute Resolution aims at promoting international trade and commerce in New Jersey. Since its inception, the Institute has been making news. Here are a few things about this Institute for Dispute Resolution. Its formation – The purpose of forming the Institute was to promote international negotiation and mediation techniques in order to manage disputes in cross-border commercial, investor-state and general conflict resolution forums. For applying these principles, the Institute engages in applied research in the fields of negotiation and mediation studies. Its mission – The mission of the Institute for Dispute Resolution is “to promote trade and commerce applying international mediation from a business school prospective and promote New Jersey as a place to conduct cross border disputes”. The key objectives to accomplish this include, program initiatives, applied research in field of mediation, seminars and programs, exchange programs, field work, and publications. In addition to this, the Institute also engages in legislative policy initiatives. Its contribution to the development of a legislation – The Institute for Dispute Resolution has also contributed to the development of the legislation that was signed into law on February 7, 2017. It is called the New Jersey International Arbitration, Mediation, and Conciliation Act and this law has made New Jersey more attractive to international businesses by allowing certain nonprofits in the state to organize alternative dispute resolution centers, which would then facilitate the resolution of international business and trade disputes through arbitration, mediation or conciliation. In an interview with Karen DeSoto, an on-air legal analyst, attorney, professor, and co-founder /co-director of the Institute for Dispute Resolution, Brie Austin delves into how the Institute was founded, its mission and some of its early successes.
The motivation behind starting the IDR According to Karen DeSoto, “The idea came about while David Weiss and I were discussing ways to promote international commercial trade and commerce for the state of New Jersey, and subsequently a way to do so for the benefit of New Jersey City University. The Institute was what we came up with.” The purpose of the Institute An entity of the Business School at NJCU, the IDR aims to promote international negotiation and mediation techniques to better manage disputes in cross-border commercial, investor-state and general conflict resolution forums. The Institute engages in applied research, the fields of negotiation and mediation studies so that these principles can be applied, and sponsors students at international mediation competitions. The mission of the Institute The IDR was formed with the mission “to promote trade and commerce applying international mediation from a business school prospective and promote New Jersey as a place to conduct cross border disputes”. The objectives In order to accomplish the mission, the IDR has several key objectives that include program initiatives, applied research in field of mediation, seminars and programs, exchange programs, fieldwork, publications, as well as legislative policy initiatives. To find out more about the interview, you can visit www.brieaustin.com/2016/08/interview-with-karen-desoto and can also learn more about the Institute for Dispute Resolution on the Institute’s website. To learn more about Karen DeSoto follow her online. You can find her social media links on any of these websites: KarenDeSoto.org KarenDeSoto.com KarenDesoto.info |
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