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Why did a U.S. federal court rule that it is legal to refuse to hire someone because of their dreadlocks?

The obvious answer is the one provided by the court — that dreadlocks are not an immutable characteristic of any particular race, and thus are not granted protection under the law.However, the court in its opinion also indicates that the EEOC may have failed rather drastically in forming its legal argument, particularly in its choice to rely on the theory of racial discrimination and not on a disparate impact argument:Despite some loose language in its proposed amended complaint, the EEOC confirmed at oral argument that it is proceeding only on a disparate treatment theory under 42 U.S.C. § 2000e-2(a)(1) (making it “unlawful [for a covered employer] to fail or refuse to hire or to discharge any individual . . . because of such individual’s race, color, religion, sex or national origin”), and is not pursuing a disparate impact theory under 42 U.S.C. § 2000e-2(k)(1) (permitting disparate impact claims for unlawful employment practices and setting out applicable burdens of proof).The court then chastises the EEOC repeatedly for conflating the two forms of claim even though they are legally entirely separate. The EEOC also failed to provide any claim that dreadlocks were an immutable characteristic except in a motion for leave to amend — which is not a pleading that contains facts used by the court on the merits of the case.The court then rattles off a litany of cases in which facially race-neutral hairstyle restrictions have been deemed to not be protected under Title VII:As far as we can tell, every court to have considered the issue has rejected the argument that Title VII protects hairstyles culturally associated with race. See Cooper v. Am. Airlines, Inc., 149 F.3d 1167, 1998 WL 276235, at *1 (4th Cir. May 26, 1998) (upholding district court’s 12(b)(6) dismissal of claims based on a grooming policy requiring that braided hairstyles be secured to the head or at the nape of the neck); Campbell v. Alabama Dep’t of Corr., No. 2:13-CV-00106-RDP, 2013 WL 2248086, at *2 (N.D. Ala. May 20, 2013) (“A dreadlock hairstyle, like hair length, is not an immutable characteristic.”); Pitts v. Wild Adventures, Inc., No. CIV.A.7:06-CV-62-HL, 2008 WL 1899306, at *5–6 (M.D. Ga. Apr. 25, 2008) (holding that a grooming policy which prohibited dreadlocks and cornrows was outside the scope of federal employment discrimination statutes because it did not discriminate on the basis of immutable characteristics); Eatman v. United Parcel Serv., 194 F. Supp. 2d 256, 259–67 (S.D.N.Y. 2002) (holding that an employer’s policy prohibiting “unconventional” hairstyles, including dreadlocks, braids, and cornrows, was not racially discriminatory in violation of Title VII); McBride v. Lawstaf, Inc., No. CIV. A.1:96-CV-0196C, 1996 WL 755779, at *2 (Sept. 19, 1996) (holding that a grooming policy prohibiting braided hairstyles does not violate Title VII); Rogers, 527 F. Supp. at 232 (holding that a grooming policy prohibiting an all-braided hairstyle did not constitute racial discrimination, and distinguishing policies that prohibit Afros, because braids are not an immutable characteristic but rather “the product of . . . artifice”); Carswell v. Peachford Hosp., No. C80-222A, 1981 WL 224, at *2 (N.D. Ga. May 26, 1981) (“There is no evidence, and this court cannot conclude, that the wearing of beads in one’s hair is an immutable characteristic, such as national origin, race, or sex. Further, this court cannot conclude that the prohibition of beads in the hair by an employer is a subterfuge for discrimination.”); Wofford v. Safeway Stores, Inc., 78 F.R.D. 460, 470 (N.D. Cal. 1978) (explaining that the “even-handed application of reasonable grooming regulations has uniformly been held not to constitute discrimination on the basis of race”) (internal citations omitted); Thomas v. Firestone Tire & Rubber Co., 392 F. Supp. 373, 375 (N.D. Tex. 1975) (holding that a grooming policy regulating hair length and facial hair, which was applied even-handedly to employees of all races, did not violate Title VII or 42 U.S.C. § 1981). See also Brown v. D.C. Transit System, 523 F.2d 725, 726 (D.C. Cir. 1975) (rejecting claim by black male employees that race-neutral grooming regulation, which prohibited most facial hair, violated Title VII despite contention by employees that the regulation was “an ‘extreme and gross suppression of them as black men and (was) a badge of slavery’ depriving them ‘of their racial identity and virility’”).TL;DR - The EEOC made a piss-poor effort to argue their case, failed miserably to distinguish dreadlocks from other cases involving facially-neutral hairstyle restrictions, and thus lost.As the court says:Ms. Jones told CMS that she would not cut her dreadlocks in order to secure a job, and we respect that intensely personal decision and all it entails. But, for the reasons we have set out, the EEOC’s original and proposed amended complaint did not state a plausible claim that CMS intentionally discriminated against Ms. Jones because of her race. The district court therefore did not err in dismissing the original complaint and in concluding that the proposed amended complaint was futile.

How to file a case against my old company if they do not provide me my PF??

If your employer deducted your PF contribution, he is bound to deposit the EPF money with EPFO (Employees Provident Fund Organisation). You can withdraw your EPF amount by submitting your claim form after 2 months period from the date of your leaving your job. As they did not refuse to support you in withdrawing your PF amount, you can approach your company and fill up Form 19 and Form 10(C). You can not claim pension amount of 8.33% employer has deposited in your pension account if you worked for less than 180 days. As you said you worked for 5 months, you can withdraw your EPF amount i.e. 12% + 3.67% .In case your company is troubling you even after 2 months, you can contact PF commissioner at your nearest EPFO office and submit your complaint in writing.I have mentioned here the instructions from EPFO website in case your employer is not available.ATTESTATION OF CLAIM FORM: The application should be submitted through the employer under whom the member was last employed. In case the claim is through a form downloaded from the epfindia website, all pages should be signed by the claimant as well as the employer.In case of a closed establishment whose Authorised Signatory/Employer is not available, the claimant may forward the claims duly signed in the presence of any of the following authorized official and got attested over his official seal.Magistrate/ Gazetted Officer/Post or Sub-Post Master/President of Village Union/ President of the Village Panchayat where there is no Union Board/Chairman or Secretary or Member of the Municipal or District Local Board/Member of Parliament/Legislative Assembly/Member of Central Board of Trustees/Regional Committee of Employees’ Provident Fund/Manager of the Bank in which the Saving Bank Account is maintained/Head of any recognized educational Institution

What development steps need to be taken by the Indian government to become a developed nation like China?

First of all banning everything from China, Realizing fully well it is not as easy as said because of WTO agreements. But there is a way that will be discussed later.Categorize every item imported from China a) Can be done away with b) can not be done away withblanket ban( will be discussed how) on every single items that can be done away with.Items that can’t be done away with should be further classified as 1) can be substituted with other item or from other country 2) cant be substitutedItems that cant be substituted can be imported directly from China or routed through some other country or agency not affiliated directly with India. ( Because China would use its monopoly to target India ).Now the question is How to Ban it without inviting the wrath of WTO or retaliation from anyone. Answer is simple. Give china the taste of its own medicine. Bureaucracy . Why no one can export to china at will the answer is China uses its bureaucracy to demoralize companies to import non essentials. Indian bureaucracy is more dubious then Chinese. Chinese bureaucracy can’t go against the Chinese gov’t but Indian does. Use the very same bureaucracy to impose a non declared blanket ban on non essentials.How to use bureaucracy to impose non declared blanket ban on Chinese imports. a) Make banks stop processing loan application for opening LC’s and Bank Guarantees for imports from China. all Nationalized banks will fall in line b) Use Customs to seize and destroy all low quality non Indian quality standard goods imported from China.Income tax , Excise and Custom officials to make regular raids in the premises of importers of Chinese products and confiscate their goods for quality check and investigation of hawala trading( All Chinese imports involve hawala transactions and under invoicing ) leaving unofficial message that this will keep happening till they import Chinese products.Such acts would demoralize importers of Chinese products and companies that are assembling or producing in China would soon realize that if they wish to trade with India they would need to shift the supply chain to India instead of China , Vietnam or any other country. Today there is no bigger market then India and no company can afford to lose Indian market. Use that leverage.It is not dirty to play dirty with a country like China and Pakistan.The Key is to give employment to every citizen of this country. I have a project that can give employment, home, electricity to every citizen with no extra financial burden on government.OBJECTIVES1. To provide every person with 365 days of productive employment by making proper use of MAREGA funds and Unused land of government, Panchayat and Institutions and banks funds .2. To double the GDP of the nation and Per Capita Income.3. To Transform the Trade Deficit to a Trade Surplus.4. To make 100% household electricity self sufficient- measuring household electric consumption and installing solar rooftops, water heatersCONCEPT1. Prepaid categorization of labor pool as professional, professionally skilled, professionally unskilled, educated skilled- unskilled, uneducated, skilled- unskilled f high energy -medium energy and low energy labor free of concept of labor union.2. Compulsory up gradation of one step of skill/experience through training institution or on the job.3. Community dairy farm, fisheries, sheep rearing etc by allocation of community farms at Panchayat and government Institutions and unused land on lease.4. Community SSI and manufacturing hub-handicraft, textile, toys, mobile etc.5. Centralized procurement of raw material and marketing of finished product (Total Privatization- with zero taxation policy), monitoring and security under banks supervision- 24 hours video surveillance.6. Financing from banks under 100% government guarantee on demand and no question asked with minimum paper work for loans and recovery.7. All Applications, Processing, sanctioning of loans and recovery, providing of raw material and purchase of finished goods and payment proceeds must be electronically processed on real time on first come first serve basis.8. Work-Earn-Pay-Ownership/Forfeiture basis ( Before forfeiture the successors be given a chance to take over )9. Finished product to be 100% tax free to counter Chinese imports.10. Professionals be engaged by government to provide free technical, designing and new products advice.11. MOU between Central Government, State Government, Banks and related Companies and Departments - Non compliance within specified times to attract severe penalties on Departments and officials.12. LOAN PACKAGE TO INCLUDE - T/L for machinery / lease price of land and or other capital cost + working capital financing + solar panels heaters. Banks will make a consortium pool under lead bank and open a consortium pool account for automatic disbursement as and when the loan is sanctioned.13. Beneficiary is allowed to either procure his Capital equipment through government agency or from open market under approval from Government Agency and banks.14. Strict Accountable norms to apply on all involved officials and companies and compulsory CAG audit on yearly basis apart from Institutions online and on site Audits- Severe penalties be imposed on irregularities and delays.15. Separate bank hubs be formed for all banking operations - And all operations must invariably be through automatic online processes. Non processing in specific time will be taken for acceptance for next action and penalty to be imposed on officials for non processing on timePROCESSING1. ENACTMENT OF LAW TO FREE THE PROJECT FROM VARIOUS PROVISIONS OF LABOR UNIONS.2. Application be submitted online through E-KIYOSK and will reach the concerned department on real time basis.3. Concerned Department will check the application and forward it online to Inspection office for data verification and approval-Invariable bio-matrix verification. All CPF,EPF, NPS, Subsidy beneficiary, Govt. Scheme beneficiary, Income tax-PAN must be bio-matrix identification compliant4. Once Approval received the application will be forwarded to Banks for financing Procurement Agency for Procuring Capital Equipment and working capital needs to community center. Solar panels are immediately installed at the house of the applicant as per measured electricity consumption.5. One pager bank and govt contract to be got signed by the agency at home for onward submission to banks and related agency.6. Space will be allowed to the applicant at community center for installation of machinery and raw material will be supplied on daily basis and at the end of the day the stock will be purchased and sent to Go down under intimation to purchaser company.7. Banks official Guard be posted to keep check and vigil on go down and entrance of community center.8. All entry and disbursements be strictly allowed against biometrics cards.9. All payments will be strictly on productivity basis rather than time worked, after deduction of bank installments.10. Once banks Installments are fully paid the Applicant shall carry the capital equipment as owner with contracts of procurement of raw material and selling of finished goods as earlier.11. Vacant space will be allowed to the new Applicant.12. In case of death or non attendance of the Applicant the capital Equipment will be first offered to the successors and on refusal it be allowed to be auctioned to the New Applicants on depreciated value.13. In case for some reasons the value of the depreciated machinery is less than the bank’s loan than the government will compensate the difference.14. The purchasers of the finished goods will get 100% tax rebate if the produce is exported and 50% tax rebate if sold in market in goods related to import substitution.15. The Purchaser and the Applicant shall reserve the right not to purchase or sell the finished produce if value is less than justified price or the quality is not up to the mark- to maintain export quality-All products be exported under unique brand India symbol.16. Sale melas will be arranged to dispose of such rejected quality products on weekly basis or though Khadi shops.IMPORTANT FEATURES OF EXECUTION1.All points must be subjected to strict criticism from representatives of all important class-viz Labor Union, Civil Service NGO, MEDIA, JUDICIARY, FARMER, INDUSTRY, BANKS, KHADI, RBI, Exim ,CAG ,CVC, etc and their judicious concerns be accommodated before enacting law.2.Such group of critics is formed in every state and given a deadline to present their case. If no response until the deadline the state be presumed to have passed as it is by default. All objections, concerns and offers be discussed in central committee of critics.3.Key is time nothing be delayed for reasons of non processing by any one group .in exceptional circumstances one short period extension of time can be allowed.4.All new amendments to law must have prior approval of majority vote of- stand alone committee of rbi,judiciry,lokpal ,cag and cvc,under consideration of their reservations within given time frame with solutions to their concerns.5.All applications must invariably be entertained on first come first serve basis through e-submission and acceptance of application.6.The government must provide unemployment compensation to all until he gets the job. Non acceptance of job provided shall render the applicant barred from receiving the unemployment compensation for three years.7.Complaints at point of job against the applicant for three times shall make him debarred for employment and employment compensation for three years. The employer shall have the right to lodge complaint against the employee/labor during the job on online basis under strict redressal- false complaints are liable for monetary penalties.8.The complaint redressal agency to report the redressal of complaint under letter of satisfaction from the complainant/aggrieved the same day with data updated on real time basis in the employer/employee data base.GRIEVANCE REDRESSAL AGENCY1.Common expenses pool for employees by charging small portion of wages or profit on payment basis.2.A jury consisting of local social service retired people of various sectors of society at every tehsil/district level.3.All complaints not redressed by redressal agency be entertained accept for grave nature criminal complaints.4.Judgment is passed under arbitration or majority vote. Payment to the juries be made if both parties agree to the judgment and no further persual in a court of law.5.Payment of juries to be made from common expense pool in case of employee and from employer as per the position of the culprit.BY- SHAILESH KUMAR GUJRAL , 7505012557

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