UNIT-IV RESPONSIBILITIES & RIGHTS Collegiality and loyalty - respect for authority - collective bargaining - confidentiality - conflicts of interest

- occupational crime - professional rights - employee rights - Intellectual Property Rights (IPR) - discrimination. COLLEGIALITY AND LOYALTY Colleagues are those explicitly united in a common purpose and respecting each other's abilities to or! to ard that purpose. " colleague is an associate in a profession or in a civil or ecclesiastical office. #hus$ the ord collegiality and loyality can connote respect for another's commitment to the common purpose and ability to or! to ard it. Case %tudy& #he uni'ue structural characteristic of a collegial body such as the %upreme Court is the e'uality of formal authority of the members. #ension exists bet een the individual responsibility to form vie s in each case and the necessity for cooperation to produce collective decisions in the Court's collegial structure. Cooperation and the appearance of unity serve to increase po er and respect for a collegial institution. Chief (ustice (ohn )arshall arranged accommodations in one boardinghouse to foster fello ship and developed the single opinion of the Court to create a symbol of *udicial solidarity (see %eriatim +pinions). ,et$ ithin the Court's collegial structure$ contemporary *ustices freely exhibit individualism$ as seen in the increase of separate opinions. -ffective action re'uires the cooperative participation of every *ustice. Collegiality does not mandate unanimity but does demand loyalty to the institution and civil treatment of colleagues. -vidences of the *ustices' strong commitment to the Court are long tenures$ unanimity in cases that threaten institutional integrity$ and resolution of internal difficulties ithout appeals for external intervention. Collegial relationships sometimes may be threatened by biting opinions$ such as those ritten by (ustice "ntonin %calia directing harsh language at opposing *ustices$ and by divisive cases li!e Bush v. Gore. %till$ *ustices assert that disagreements have not affected their relationships and that they remain friends ho respect each other and en*oy each other's company. (ustices have maintained cordial relations across ideological lines and arm friendships have developed bet een some pairs ith shared values. (ustice Ruth .ader /insburg$ for instance$ recounts a visit by (ustice %calia to give her a draft of his dissenting opinion so she ould have time to respond. Court practices remind the *ustices of their mutual dependence$ e'ual po er$ and personal esteem0 for example$ the handsha!es before conference initiated by Chief (ustice )elville 1. 2uller$ and the luncheons$ letters$ or gifts for significant personal occasions. +ther structural characteristics and changes in the Court's environment have affected there'uirements of collegiality. #he Court has remained a small group in si3e0 therefore$ s!illful chief *ustices can satisfy individuals and harmoni3e Court functioning. 4o ever$ the gro th of the federal court system and the Court bureaucracy has diverted the chief *ustice's attention to other duties (see .ureaucrati3ation of the 2ederal (udiciary). In the nineteenth century$ short Court terms$ circuit duties$ and home offices limited contacts among *ustices. 5onger Court

terms and a separate building have brought *ustices into proximity$ and the longevity of the current Court ( ith no personnel changes since 6778) has reinforced the *ustices' collegiality. Conversely$ heavy or!loads$ personal staffs$ and ne office technologies have focused their energies upon individual rather than collective decision ma!ing. Resolution of the tensions bet een e'ual authority and collective duty re'uires different strategies in the t enty--first century$ hen the Court has become a po erful institution and the *ustices or! in relative isolation. COLLECTIVE BARGAINING Collective bar ai!i! is a process of voluntary negotiation bet een employers and trade unions aimed at reaching agreements hich regulate or!ing conditions. Collective agreements usually set out age scales$ or!ing hours$ training$ health and safety$ overtime$ grievance mechanisms and rights to participate in or!place or company affairs. #he union may negotiate ith a single employer ( ho is typically representing a company's shareholders) or may negotiate ith a federation of businesses$ depending on the country$ to reach an industry ide agreement. " collective agreement functions as a labor contract bet een an employer and one or more unions. Collective bargaining consists of the process of negotiation bet een representatives of a union and employers (generally represented by management$ in some countries9 which?: by an employers' organi3ation) in respect of the terms and conditions of employment of employees$ such as ages$ hours of or!$ or!ing conditions and grievance-procedures$ and about the rights and responsibilities of trade unions. #he parties often refer to the result of the negotiation as a collective bargaining agreement (C.") or as a collective employment agreement (C-"). ;ifferent economic theories provide a number of models intended to explain some aspects of collective bargaining& 6. #he so-called )onopoly <nion )odel (;unlop$ 6788) states that the monopoly union has the po er to maximise the age rate0 the firm then chooses the level of employment. (Recent literature has started to abandon this model.9citation needed: =. #he Right-to-)anage model$ developed by the .ritish school during the 67>?s (@ic!ell) vie s the labour union and the firm bargaining over the age rate according to a typical @ash .argaining )aximin ( ritten as A B <CD6-C$ here < is the utility function of the labour union$ D the profit of the firm and C represents the bargaining po er of the labour unions). E. #he efficient bargaining model ()c;onald and %olo $ 67>6) sees the union and the firm bargaining over both ages and employment (or$ more realistically$ hours of or!). #he underlying idea of collective bargaining is that the employer and employee relations should not be decided unilaterally or ith the intervention of any third party. .oth parties must reconcile their differences voluntarily through negotiations$ yielding some concessions and ma!ing sacrifices in the process. .oth should bargain from a position of strength0 there should be no attempt to exploit the ea!nesses or vulnerability of one party. 1ith the gro th of union movement all over the globe and the emergence of employersF association$ the collective

bargaining process has undergone significant changes. .oth parties have$ more or less$ reali3ed the importance of peaceful co-existence for their mutual benefit and continued progress CON"IDENTIALITY Co!#i$e!tialit% is an ethical principle associated ith several professions (e.g.$ medicine$ la $ religion$ professional psychology$ and *ournalism). In ethics$ and (in some places) in la and alternative forms of legal dispute resolution such as mediation$ some types of communication bet een a person and one of these professionals are GprivilegedG and may not be discussed or divulged to third parties. In those *urisdictions in hich the la ma!es provision for such confidentiality$ there are usually penalties for its violation. Confidentiality has also been defined by the International +rgani3ation for %tandardi3ation (I%+) in I%+-6HH77 as Gensuring that information is accessible only to those authori3ed to have accessG and is one of the cornerstones of information security. Confidentiality is one of the design goals for many cryptosystems$ made possible in practice by the techni'ues of modern cryptography. Confidentiality of information$ enforced in an adaptation of the military's classic Gneed to !no G principle$ forms the cornerstone of information security in today's corporations. #he so called 'confidentiality bubble' restricts information flo s$ ith both positive and negative conse'uences. .oth the privilege and the duty serve the purpose of encouraging clients to spea! fran!ly about their cases. #his ay$ la yers ill be able to carry out their duty to provide clients ith 3ealous representation. +ther ise$ the opposing side may be able to surprise the la yer in court ith something hich he did not !no about his client$ hich ma!es both la yer and client loo! stupid. "lso$ a distrustful client might hide a relevant fact hich he thin!s is incriminating$ but hich a s!illed la yer could turn to the client's advantage (for example$ by raising affirmative defenses li!e selfdefense). 4o ever$ most *urisdictions have exceptions for situations here the la yer has reason to believe that the client may !ill or seriously in*ure someone$ may cause substantial in*ury to the financial interest or property of another$ or is using (or see!ing to use) the la yer's services to perpetrate a crime or fraud. In such situations the la yer has the discretion$ but not the obligation$ to disclose information designed to prevent the planned action. )ost states have a version of this discretionary disclosure rule under Rules of Professional Conduct$ Rule 6.I (or its e'uivalent). " fe *urisdictions have made this traditionally discretionary duty mandatory. 2or example$ see the @e (ersey and Jirginia Rules of Professional Conduct$ Rule 6.I. In some *urisdictions the la yer must try to convince the client to conform his or her conduct to the boundaries of the la before disclosing any other ise confidential information. @ote that these exceptions generally do not cover crimes that have already occurred$ even in extreme cases here murderers have confessed the location of missing bodies to their la yers but the police are still loo!ing for those bodies. #he <.%. %upreme Court and many state supreme courts have affirmed the right of a la yer to ithhold information in such situations. +ther ise$ it ould be impossible for any criminal defendant to obtain a 3ealous defense. California is famous for having one of the strongest duties of confidentiality in the orld0 its la yers must protect client confidences at Gevery peril to himself or herself.G <ntil an amendment in =??8$ California la yers ere not even permitted to disclose that a client as

about to commit murder. Recent legislation in the <K curtails the confidentiality professionals li!e la yers and accountants can maintain at the expense of the state. "ccountants$ for example$ are re'uired to disclose to the state any suspicions of fraudulent accounting and$ even$ the legitimate use of tax saving schemes if those schemes are not already !no n to the tax authorities. INTELLECTUAL PROPERTY RIGHTS I!tellect&al 'ro'ert% (IP) is a term referring to a number of distinct types of creations of the mind for hich property rights are recogni3edLand the corresponding fields of la .<nder intellectual property la $ o ners are granted certain exclusive rights to a variety of intangible assets$ such as musical$ literary$ and artistic or!s0 discoveries and inventions0 and ords$ phrases$ symbols$ and designs. Common types of intellectual property include copyrights$ trademar!s$ patents$ industrial design rights and trade secrets in some *urisdictions. Richard %tallman argues that$ although the term intellectual property is in ide use$ it should be re*ected altogether$ because it Gsystematically distorts and confuses these issues$ and its use as and is promoted by those ho gain from this confusion.G 4e claims that the term Goperates as a catchall to lump together disparate la s 9 hich: originated separately$ evolved differently$ cover different activities$ have different rules$ and raise different public policy issuesG and that it confuses these monopolies ith o nership of limited physical things %tallman advocates referring to copyrights$ patents and trademar!s in the singular and arns against abstracting disparate la s into a collective term. %ome critics of intellectual property$ such as those in the free culture movement$ point at intellectual monopolies as harming health$ preventing progress$ and benefiting concentrated interests to the detriment of the masses$96I:96H: and argue that the public interest is harmed by ever expansive monopolies in the form of copyright extensions$ soft are patents and business method patents. #here is also criticism9 by whom?: because strict intellectual property rights can inhibit the flo of innovations to poor nations. ;eveloping countries have benefitted from the spread of developed country technologies$ such as the internet$ mobile phone$ vaccines$ and high-yielding grains. )any intellectual property rights$ such as patent la s$ arguably go too far in protecting those ho produce innovations at the expense of those ho use them.9 citation needed: #he Commitment to ;evelopment Index measures donor government policies and ran!s them on the GfriendlinessG of their intellectual property rights to the developing orld. %ome libertarian critics of intellectual property have argued that allo ing property rights in ideas and information creates artificial scarcity and infringes on the right to o n tangible property. %tephan Kinsella uses the follo ing scenario to argue this point& Imagine the time hen men lived in caves. +ne bright guyLlet's call him /alt)agnonLdecides to build a log cabin on an open field$ near his crops. #o be sure$ this is a good idea$ and others notice it. #hey naturally imitate /alt-)agnon$ and they start building their o n cabins. .ut the first man to invent a house$ according to IP advocates$ ould have a right to prevent others from building houses on their o n land$ ith their o n logs$ or to charge them a fee if they do build houses. It is plain that the innovator in these examples becomes a partial o ner of the tangible property (e.g.$ land and logs) of others$ due not to first occupation and use

of that property (for it is already o ned)$ but due to his coming up ith an idea. Clearly$ this rule flies in the face of the first-user homesteading rule$ arbitrarily and groundlessly overriding the very homesteading rule that is at the foundation of all property rights. +ther criticism of intellectual property la concerns the tendency of the protections of intellectual property to expand$ both in duration and in scope. #he trend has been to ard longer copyright protection (raising fears that it may some day be eternal). In addition$ the developers and controllers of items of intellectual property have sought to bring more items under the protection. Patents have been granted for living organisms$ and colors have been trade mar!ed. 9 .ecause they are systems of government-granted monopolies copyrights$ patents$ and trademar!s are called intellectual monopoly privileges$ (I)P) a topic on hich several academics$ including .irgitte "ndersen and #homas "lured 2aunce have ritten. In =??M the R%" launched the "delphi Charter$ aimed at creating an international policy statement to frame ho governments should ma!e balanced intellectual property la . Intellectual Property Rights Intellectual property rights is a legal concept that confers rights to o ners and creators of the or!$ for their intellectual creativity. %uch rights can be granted for areas related to literature$ music$ invention etc$ hich are used in the business practices. In general$ the intellectual property la offers exclusionary rights to the creator or inventor against any misappropriation or use of or! ithout hisNher prior !no ledge. Intellectual property la establishes an e'uilibrium by granting rights for limited duration of time. -very nation has framed their o n intellectual property la s. .ut on international level it is governed by the 1orld Intellectual Property +rgani3ation (1IP+). #he Paris Convention for the Protection of Industrial Property in 6>>E and the '.erne Convention for the Protection of 5iterary and "rtistic 1or!s' in 6>>I ere first conventions hich have recogni3ed the importance of safeguarding intellectual property. .oth the treaties are under the direct administration of the 1IP+. #he 1IP+ convention lays do n follo ing list of the activities or or! hich are covered by the intellectual property rights O Industrial designs O %cientific discoveries O Protection against unfair competition O 5iterary$ artistic and scientific or!s O Inventions in all fields of human endeavor O Performances of performing artists$ phonograms and broadcasts O #rademar!s$ service mar!s and commercial names and designations O "ll other rights resulting from intellectual activity in the industrial$ scientific$ literary or artistic fields. T%'e( o# I!tellect&al Pro'ert% Ri )t( Intellectual Property Rights signifies to the bundle of exclusionary rights hich can be further categori3ed into the follo ing headsO Co'%ri )t

Copyright$ one of the form of intellectual property right$ offers exclusive rights for protecting the authorship of original P creative or! li!e dramatic$ musical and literary in nature. %ymboli3ed as GQG$ here the term .... Pate!t " patent is termed as the exclusionary rights given by the government or the authori3ed authority to its inventor for a particular duration of time$ in respect of his invention. It is the part of the intellectual property right. Tra$e*ar+ #he trademar! or trade mar!$ symboli3ed as the RST and U$ is the distinctive sign or indication hich is used for signifying some !ind of goods orNand services and is distinctively used across the business O Tra$e Secret( #rade secret points to ards a formula$ pattern$ any instrument$ design hich is !ept confidential and through hich any business or trade can edge over its rival and can en*oy economic gain. #rade secrets can be O Utilit% ,o$el #he utility model is the intellectual property right for protecting the inventions. It is someho described as the statutory monopoly hich is besto upon for the fixed duration of time in exchange to the inventor for O Geo ra')ical I!$icatio! /eographical Indication (/I) signifies to the name or sign$ used in reference to the products hich are corresponding to the particular geographical area or some hat related to the origin li!e to n$ region or nation. O I!$&(trial De(i ! Ri )t( Industrial design rights are defined as the part of the intellectual property rights hich confers the rights of exclusivity to the visual designs of ob*ects hich are generally not popular utilitarian. A$va!ta e( o# I!tellect&al Pro'ert% Ri )t( Intellectual property rights help in providing exclusive rights to creator or inventor$ thereby induces them to distribute and share information and data instead of !eeping it confidential. It provides legal protection and offers them incentive of their or!. Rights granted under the intellectual property act helps in socio and economic development. I!tellect&al Pro'ert% Ri )t( i! I!$ia India has defined the establishment of statutory$ administrative and *udicial frame or! for protecting the intellectual property rights in the Indian territory$ hether they connotes ith the copyright$ patent$ trademar!$ industrial designs or ith other parts. #uning ith the changing industrial orld$ the intellectual property rights have continued to strengthen its position in the India. In 6777$ the government has passed the important legislation in relation to the protection of intellectual property rights on the terms of the orld ide practices and in accordance to the India's obligations under the #rade Related "spects of Intellectual Property Rights. It consists of -

O #he Patents("mendment) "ct$ 6777 hich as passed on 6?th )arch$ 6777 in the Indian Parliament for amending the Patents "ct of 67H? hich in turns facilitate to establish the mail box system for filing patents and accords ith the exclusive mar!eting rights for the time period of M years. O #he #rade )ar!s .ill$ 6777 as passed in the India parliament during the inter session for replacing the #rade and )erchandise )ar!s "ct$ 67M>. It as passed on =Erd ;ecember$ 6777. O #he Copyright("mendment) "ct$ 6777 as passed by both upper house and lo er house of the Indian parliament and as later on signed by the Indian president on E?th ;ecember$ 6777. O #he sui generis legislation as approved by both houses of the Indian parliament on =E rd ;ecember$ 6777 and as named as the /eographical Indications of /oods (Registration P Protection) .ill$ 6777. O #he Industrial ;esigns .ill$ 6777 as passed in the <pper 4ouse of the Indian parliament for replacing the ;esigns "ct$ 6766. O #he Patents (%econd "mendment) .ill$ 6777 as introduced in the upper house of the parliament for further amending the Patents "ct 67H? and ma!ing it compliance ith the #RIP%. "long ith the above legislative measures$ the Indian government has introduced several changes for streamlining and bolstering the intellectual property administration system in the nation. %everal pro*ects concerning to the moderni3ing of the patent information services and trademar! registry have been undergone ith the help of the 1orld Intellectual Property +rgani3ationN <nited @ations ;evelopment Programme. DISCRI,INATION Di(cri*i!atio! is a sociological term referring to the pre*udicial treatment of an individual based solely on their membership ( hether voluntary or involuntary) in a certain group or category. ;iscrimination is the actual behavior to ards members of another group. It involves excluding or restricting members of one group from opportunities that are available to other groups.96: #he <nited @ations explains& G;iscriminatory behaviors ta!e many forms$ but they all involve some form of exclusion or re*ection.G9=: ;iscriminatory la s such as redlining have existed in many countries. In some countries$ controversial attempts such as racial 'uotas have been used to redress negative effects of discrimination. Racial discrimination differentiates bet een individuals on the basis of real and perceived racial differences$ and has been official government policy in several countries$ such as %outh "frica in the apartheid era$ and the <%". In the <nited %tates$ racial profiling of minorities by la enforcement officials has been called racial discrimination.9E: "s early as 6>IM$ the Civil Rights "ct provided a remedy for intentional race discrimination in employment by private employers and state and local public employers. #he Civil Rights "ct of 6>H6 applies to public employment or employment involving state action prohibiting deprivation of rights secured by the federal constitution or federal la s through action under color of la . #itle JII is the principal federal statute ith regard to employment discrimination prohibiting unla ful employment discrimination by public and private employers$ labor organi3ations$ training programs and employment agencies based on race or color$ religion$ gender$ and national origin.

#itle JII also prohibits retaliation against any person for opposing any practice forbidden by statute$ or for ma!ing a charge$ testifying$ assisting$ or participating in a proceeding under the statute. #he Civil Rights "ct of 6776 expanded the damages available in #itle JII cases and granted #itle JII plaintiffs the right to a *ury trial. #itle JII also provides that race and color discrimination against every race and color is prohibited. In the <K the in'uiry follo ing the murder of %tephen 5a rence accused the police of institutional racism. O 1eaver v @"#24- (no part of the <C<) RaceNsex discrimination case. "n Industrial (-mployment) #ribunal in the <K in 67>H decided that a trade union as *ustified in not assisting a blac! oman member complaining of racistNsexist harassment$ regardless of the merits of the case$ because the accused male ould lose his *ob. #he -mployment "ppeal #ribunal upheld the decision$ hich still stands today as the definitive legal precedent in this field. It is also !no n as the .ournville College Racial 4arassment issue. 1ithin the criminal *ustice system in some 1estern countries$ minorities are convicted and imprisoned disproportionately hen compared ith hites. In 677>$ nearly one out of three blac! men bet een the ages of =?-=7 ere in prison or *ail$ on probation or parole on any given day in the <nited %tates.9I: 2irst @ations ma!e up about =V of Canada's population$ but account for 6>V of the federal prison population as of =???.9H: "ccording to the "ustralian government's (une =??I publication of prison statistics$ indigenous peoples ma!e up =8V of the overall prison population in "ustralia.9>: In =??8$ )Wori made up *ust 6MV of the total population of @e Xealand but 87.MV of prisoners. )Wori ere entering prison at > times the rate of non-)Wori.97: " 'uarter of the people in -ngland's prisons are from an ethnic minority. #he -'uality and 4uman Rights Commission found that five times more blac! people than hite people per head of population in -ngland and 1ales are imprisoned. -xperts and politicians said overrepresentation of blac! men as a result of decades of racial pre*udice in the criminal *ustice system. Age discrimination Main article: Ageism "ge discrimination is discrimination on the grounds of age. "lthough theoretically the ord can refer to the discrimination against any age group$ age discrimination usually comes in one of three forms& discrimination against youth (also called adultism)$ discrimination against those 8? years old or older$966: and discrimination against elderly people. In the <nited %tates$ the "ge ;iscrimination in -mployment "ct prohibits employment discrimination nation ide based on age ith respect to employees 8? years of age or older. #he "ge ;iscrimination in -mployment "ct also addresses the difficulty older or!ers face in obtaining ne employment after being displaced from their *obs$ arbitrary age limits. +n the other hand$ the <K -'uality "ct =?6? protects young employees as ell as old. +ther countries go even further and ma!e age discrimination a criminal offence. In many countries$ companies more or less openly refuse to hire people above a certain age despite the increasing lifespans and average age of the population. #he reasons for this range from vague feelings younger people are more GdynamicG and create a positive image for the company$ to more concrete concerns about regulations

granting older employees higher salaries or other benefits ithout these expenses being fully *ustified by an older employees' greater experience. <nions cite age as the most common form of discrimination in the or!place. 1or!ers ages 8M and over form a disproportionate share of the long-term unemployed Y those ho have been out of or! for six months or longer$ according to the <.%. .ureau of 5abor %tatistics. %ome people consider that teenagers and youth (around 6MY=M years old) are victims of adultism$ age discrimination framed as a paternalistic form of protection. In see!ing social *ustice$ they feel that it is necessary to remove the use of a false moral agenda in order to achieve agency and empo erment. #his perspective is based on the grounds that youth should be treated more respectfully by adults and not as second-class citi3ens. %ome suggest that social stratification in age groups causes outsiders to incorrectly stereotype and generali3e the group$ for instance that all adolescents are e'ually immature$ violent or rebellious$ listen to roc! tunes$ and do drugs. %ome have organi3ed groups against age discrimination. "geism is the causal effect of a continuum of fears related to age.9citation needed: #his continuum includes& O -phebiphobia& the fear of youth. O /erontophobia& the fear of elderly people. O Pediaphobia& the fear of infants or small children. Related terms include& O "dultism& "lso called adultarchy$ adult privilege$ and adultcentrismNadultocentrism$ this is the ielding of authority over young people and the preference of adults before children and youth. O (eunism& "lso called GyouthismG is the holding of beliefs or actions ta!en that preference 'younger' people before adults. Sex and Gender discrimination #hough gender discrimination and sexism refers to beliefs and attitudes in relation to the gender of a person$ such beliefs and attitudes are of a social nature and do not$ normally$ carry any legal conse'uences. Se- $i(cri*i!atio!$ on the other hand$ may have legal conse'uences. #hough hat constitutes sex discrimination varies bet een countries$ the essence is that it is an adverse action ta!en by one person against another person that ould not have occurred had the person been of another sex. ;iscrimination of that nature in certain enumerated circumstances is illegal in many countries. Currently$ discrimination based on sex is defined as adverse action against another person$ that ould not have occurred had the person been of another sex. #his is considered a form of pre*udice and is illegal in certain enumerated circumstances in most countries. %exual discrimination can arise in different contexts. 2or instance an employee may be discriminated against by being as!ed discriminatory 'uestions during a *ob intervie $ or because an employer did not hire$ promote or rongfully terminated an employee based on his or her gender$ or employers pay une'ually based on gender. In an educational setting there could be claims that a student as excluded from an educational institution$ program$ opportunity$ loan$ student group$ or scholarship due to his or her gender. In the housing setting there could be

claims that a person as refused negotiations on see!ing a house$ contractingNleasing a house or getting a loan based on his or her gender. "nother setting here there have been claims of gender discrimination is ban!ing0 for example if one is refused credit or is offered une'ual loan terms based on oneFs gender. "nother setting here there is usually gender discrimination is hen one is refused to extend his or her credit$ refused approval of creditNloan process$ and if there is a burden of une'ual loan terms based on oneFs gender. %ocially$ sexual differences have been used to *ustify different roles for men and omen$ in some cases giving rise to claims of primary and secondary roles.96I: 1hile there are alleged non-physical differences bet een men and omen$ ma*or revie s of the academic literature on gender difference find only a tiny minority of characteristics here there are consistent psychological differences bet een men and omen$ and these relate directly to experiences grounded in biological difference.96H: 4o ever$ there are also some psychological differences in regard to ho problems are dealt ith and emotional perceptions and reactions hich may relate to hormones and the successful characteristics of each gender during longstanding roles in past primitive lifestyles. <nfair discrimination usually follo s the gender stereotyping held by a society. #he <nited @ations had concluded that omen often experience a Gglass ceilingG and that there are no societies in hich omen en*oy the same opportunities as men. #he term Gglass ceilingG #echno %cript %olutions 9 .technoscript3.com: is used to describe a perceived barrier to advancement in employment based on discrimination$ especially sex discrimination. In the <nited %tates in 677M$ the /lass Ceiling Commission$ a government-funded group$ stated& G+ver half of all )asterFs degrees are no a arded to omen$ yet 7MV of senior-level managers$ of the top 2ortune 6??? industrial and M?? service companies are men. +f them$ 7HV are hite.G In its report$ it recommended affirmative action$ hich is the consideration of an employee's gender and race in hiring and promotion decisions$ as a means to end this form of discrimination.96>: In =??>$ omen accounted for M6V of all or!ers in the high-paying management$ professional$ and related occupations. #hey outnumbered men in such occupations as public relations managers0 financial managers0 and human resource managers.967: #he China's leading headhunter$ Chinahr.com$ reported in =??H that the average salary for hitecollar men as 88$??? yuan (ZI$886)$ compared ith =>$H?? yuan (Z8$=?6) for omen.9=?: #he P C research found that among 2#%- EM? companies in the <nited Kingdom in =??= almost 8?V of senior management posts ere occupied by omen. 1hen that research as repeated in =??H$ the number of senior management posts held by omen had fallen to ==V.9=6: #ransgender individuals$ both male to female and female to male$ often experience problems hich often lead to dismissals$ underachievement$ difficulty in finding a *ob$ social isolation$

and$ occasionally$ violent attac!s against them. @evertheless$ the problem of gender discrimination does not stop at trandgender individuals nor ith omen. )en are often the victim in certain areas of employment as men begin to see! or! in office and childcare settings traditionally perceived as G omen's *obsG. +ne such situation seems to be evident in a recent case concerning alleged ,)C" discrimination and a 2ederal Court Case in #exas. #he case actually involves alleged discrimination against both men and blac!s in childcare$ even hen they pass the same strict bac!ground tests and other standards of employment. It is currently being contended in federal court$ as of fall =??7$ and sheds light on ho a or!place dominated by a ma*ority (- omen in this case) sometimes ill seemingly G*ustifyG hatever they ish to do$ regardless of the la . #his may be done as an effort at self-protection$ to uphold traditional societal roles$ or some other faulty$ unethical or illegal pre*udicial reasoning. "ffirmative action also leads to hite men being discriminated against for entry level and blue collar positions. "n employer cannot hire a hite man ith the same Gon paperG 'ualifications over a oman or minority or!er or the employer ill face prosecution