Essays on Title VII

Garayalde-Rijos v Municipality of Carolina

The case was brought before the court of appeal in the in the United States and the parties to the suit were; Waleska garayalde being the plaintiff who was suing Jose Aponte Dalmau the mayor for the Municipality of Carolina and the Municipality of Carolina.

Facts of the case

The plaintiff Waleska garayalde filed a suit of gender discrimination with the Equal Employment opportunity commission (EEOC) alleging the municipality of Carolina refused to accord her equal opportunity of being a fire fighter based on the fact that she was a woman. She further alleges that, less qualified men as compared to her were ...

After a read of Margaretta Midura’s 2013 article dubbed John v. Jennifer, A Battle of the Sexes, it is impossible to remain disinterested in the impact of gender on one’s employment opportunities. Perhaps one’s academic prowess does not necessarily give him or her automatic ticket to success. On the contrary, the employers that one seeks to impress with good grades and a university degree might harbor prejudices that will create another hurdle based on the sexes. That is what Midura implies in John v. Jennifer. According to the author, in the fields of science, technology, engineering, ...

Discrimination legislation

Even in modern day society, issues of religious discriminations still mar working environments and that should be an issue of concern. Different adherents are affected by what managers in different communities decide to be the basis of their employment terms and conditions. Rather than have a singular platform that allows more people to appreciate the changing strategies as part of addressing their religious discriminations that appear as part of addressing legal policies as defined by the constitution. Based on Title VII of the Civil Rights Act of 1964, religious conditions should not be included if the applicant’s religion ...

This case concerned equal employment opportunities. In the case, the company required individuals to pass two tests in order for them to be allowed to work inside the organization. The tests include the Wonderlic Personnel Test and the Bennett Mechanical Aptitude Test. The Wonderlic Personnel Test intended to test the general verbal abilities of the applicants. The scores were approximated according to the median high school graduate performance. African American applicants raised an issue with the application process citing the use of unfair hiring practices by the organization. They individuals indicated that the practice was a violation of employment ...

Human Resource Dilemmas

It is evident from Timothy’s Reverson’s case that the employment practices of Cameron Lake boat Rentals are authoritative. The company has imposed an authoritative control over the working conditions of the workers as evidenced by it compelling its workers to sign the employment arbitration agreement. As it can be seen, Timothy Reverson was dismissed for the fact that he claimed a pay rise. Workers in the company can do very little to fight for their rights as they are bound by the resolution by arbitration. It was illegal and unethical for the company to terminate his employment ...

The case Thompson v. North American Stainless, LP addresses the scope of the retaliation provision under Title VII that enables protection for the employees against the illegal actions of the employers. Title VII of the Civil Rights Act of 1964 permits retaliation cases in order to decrease the exposure to the discriminatory activity in actions of the employees. Meanwhile, this article states that the retaliation should be understood as the situation when the employee of the firm was fired or reassigned as well as he was deprived of the certain range of the benefits if the employer considered them ...

Vulgar language even when it is not directed an individual as sexual harassment can be actionable as sexual harassment under Title VII. The following are sexual harassment issues on a woman named Igrid Reeves at her workplace. Firstly Reeves could hear her male co-workers use vulgar and sexual language to refer to women and although they did not direct it at her, the fact that they used such language on women is actionable. Secondly, the vulgar discussions about female body parts also account for actionable offence of sexual harassment. Thirdly, there was a pornographic image of a woman in ...

Legal Issues and Disciplinary Action

Develop, analyze, and explain requirements that could be used in the personnel selection process for management positions in the company Employment in the US has evolved over time. The process has seen to it marked changes that have resulted in a shift in the workplace. A company’s culture determines its profitability and also its productivity. Employment law has been tasked with the mandate of developing an organization’s culture. Employer-employee relationships have been strengthened with the advent of the Employment law. The US gives a clear picture of the cultural advancement has in fact, shaped the workforce in ...

The issue before the court in this case was whether this standard of proof was the proper standard to be used in determining retaliation or was the appropriate standard the “motivating factor” standard. Or more specifically, whether a plaintiff claiming retaliation can win a claim based on discrimination being a “motivating factor” for retaliation or must the plaintiff show that the discrimination was the reason for the retaliation. In addressing this issue, the United States Supreme Court determined that the standard of proof used to allege a claim for retaliation under Title VII must be the but for test ...

Chapter VII Case Study

Introduction Discrimination implies judging individuals by their ability/disability statuses, race, gender, sexuality, age, and religion as opposed to their competence levels. People may apply for jobs where they are the best-qualified candidates. However, they could fail to get these jobs because of the HR’s discriminative practices. Such form of practice is authentic discrimination. This case study describes one such instance as follows. In July 2015, a large health care facility lost a case in the settlement of a disability discrimination suit filed by one of its employees (named Ms. X hereafter for confidentiality) through the U.S EEOC. The ...

Performance appraisal is a tool that the management uses to evaluate the performance of employees against the set performance standards such as output, competence, job initiative, and accomplishments (Bogaert, n.d.). Used effectively, performance appraisal can provide the management with important information to make decisions such as salary increment, promotions, or take disciplinary actions against an employee. Properly conducted performance appraisals also provide the organization with a legal defense in case an employee sues the organization over any grievance they may have against a negative performance appraisal. An effective performance appraisal is one that is consistent, valid, factual, and job ...

Lynn University

In the world today there are many issues that need to be addressed. Some issues are more prevalent than others and some are easier to solve. One issue that while not easily solvable which needs to be addressed far more seriously on the world stage, is that of equal rights for women in particular equal pay for women. (Hartman et al., 3). Throughout history women's wages have been much lower as compared to their male counterparts. In the 1960’s that difference was 40.2 percent according to the U.S National Equal Pay Task Force in 2013, while in 2013 ...

The employment practices in Timothy Reverson’s case can be characterized as; i) Rudimentary- Employees in this company seem disrespectful and don't seem to obey protocol or procedure as Timothy's case showed. This could be as a result of organizational culture and how to organization has been past. ii) Slow in growth- It seems that the company has grown very slowly over the years. Timothy has been a part of the company for 15years and yet only 17employees are members as of now. It shows their employment practices are stagnant; recruitment is slow or there simply isn't room for ...

Conclusion about the economy

The conclusion made after the April 27th FOMC meeting is that the interest rates paid were to be left unchanged while the excess reserves balances will be charged a 0.50 percent. In addition, as a decision policy, the board voted towards authorizing and directing the Open Market Desk at New York’s Federal Reserve Bank and until further instructions are given, the transactions will be executed in the System Open Market Account. This will be in accordance with the domestic policy directive that was earlier initiated. Ensuring that interest rates are not increased will foster economic development as firms ...

Introduction

Employment discrimination refers to preventing discrimination at the workplace on the basis of age, sex, nationality, religion, ethnicity, physical disabilities and various other parameters (Player 4). Employment discrimination extends to prejudice in terms of hiring and recruitment, promotions, compensation, job roles, termination, harassment and retaliation. The Constitution of the United States has formulated protective measures to ensure no employer practices any kind of employment discrimination. As such, the federal government has devised a multitude of legislature and acts, which prevent different sorts of employment discrimination. Some of these acts include employment at will, Civil Rights act, sexual harassment, pregnancy ...

One of the purposes of Title VII of the Civil Rights Act is to enable individuals with discrimination claims based on religious beliefs or practices to get relief from courts against their employers. One of the groups protected under the Act are religious groups. Section 2000e (s. 701) of the Act defines “religion” to mean an employee’s religious practices or observances or beliefs. Title VII of the Civil Rights Act also aims to ensure equal employment opportunities in the US and hence prohibits any discrimination based on any ground including religious beliefs and practices. Title VII, as amended ...

American federal law bans all workers from all forms of discrimination at the place of work. This discrimination can get based on religion, race, gender or even nationality. It can also take many forms and shapes. People can make lewd comments on race or religion. They can also negatively comment about an individual trait of a co-worker in a manner that hurts his or her feelings. In the modern workplace, discrimination is still a significant issue of concern that employers have to deal with. An unfriendly work environment mainly encompasses primarily sexual harassment. People might have discussions that contain ...

Issue: Did the Court of Appeals for the Sixth Circuit err by granted North American Stainless’ motion for summary judgement based on their argument that Thompson’s claim was not allowed under Title VII of the Civil Rights Act of 1964? Rule: An employer is prohibited from discriminating against any of its employees as retaliation for filing a charge under Title VII of the Civil Rights Act of 1964. An employee can file a charge under Title VII of the Civil Rights Act of 1964 against an employer if they believe that the employer’s unlawful agreement practice was ...

As an Employer, What are Your Legal Obligations Concerning Religion in the Workplace What Policies You Put in Your Employees Handbook? Religious in the American work environment is among the most antagonistic and troublesome territories for representatives and managers to explore. In our inexorably differing and religiously pluralistic culture, the attempt will undoubtedly happen, and if The Equal Employment Opportunity Commission (EEOC) measurements are correct, it is occurring at a regular enlivening pace. EEOC religion-based charges of separation have expanded about 41% since 1997, and payouts have expanded around 174% (Religion-Based Charges FY 1997 - FY 2015). The risk ...

Abstract

One of the most significant milestone that has been done for the United States’ civil rights platform is enactment of the Civil Rights Act of 1964. These rights were enacted on July 2nd, 1964. It is through these rights that the rights of civil servants in the United States were assured of protection against such discriminations based on their sex, race, and religion, place of origin or color of their skin. This paper will in detail examine the Civil Rights Act of 1964. The paper will in detail elaborate on the meaning and significance of the Act as well ...

Following the guidelines of the course ID guidelinesStudent’s NameUniversity

The following table outlines the number of allegations that has been received in the Fiscal Year 2015 based on the age, race, sex and disability of an individual. The figures that are being provided herein below are as per the records of the Equal Employment Opportunity Commission ("Enforcement & Litigation Statistics", 2016): The total charges’ number is a reflection of the number of singular charges that has been filed. As there are often cases wherein an individual has filed a charge based on different types of discriminations. It is to be mentioned here that the total number of charges ...

Citation: State of Arizona v. ASARCO, No. 11 – 17484, (December 10, 2014), United States Court for Appeals for the Ninth Circuit.

Facts: The Plaintiff Angela Aguilar was employed at a mill facility of the defendant ASARCO, a huge copper mining company, located in Sauharita, Arizona, on December 2005. In the course of the eleven months she worked at the mill factory, Aguilera contended she suffered multiple instances of sexual harassment by supervisors and co-workers regardless of her complaints to the Human Resources Department of ASARCO and at least one manager in the factory. Angela Aguilar filed claims for sexual harassment ...

1. Describe the pros and cons of government legislation on issues of employment and give some specific examples of employment law.

There are various employment laws in place in USA such as at-will employment, minimum wage for employees and title VII. At-will employment policy gives the employer the right to hire and fire employees at will without any legal liability at any time without any reason or for a petty reason, excluding an illegal one (NSCL). This policy also gives employees the privilege to quit the job at any time without notice or within a short notice of 7-15 days depending on the agreement between employers and employees. Employees can also bargain for a raise if they get a better offer. This policy allows ...

Discrimination Lawsuit: Disparate Impact and Treatment

Unfortunately, discrimination can take place in the workplace affecting the employees. To try to prevent these occurrences, federal laws have been enacted that prohibit such behavior. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin; it prohibits both in disparate treatment and disparate impact. Disparate impact refers to rules, policies, and practices by an employer that appear to be neutral on their face, but have a disproportionate impact on members of a protected class. Disparate treatment, on the other hand, is intentional discrimination (See EEO). If someone is the victim ...

1.) The best way for an HR manager to prevent an EEOC claims filed against the organization is to encourage the employees to create a work culture and environment that promotes diversity, deters employment discrimination, and sexual harassment. The HR manager should implement serious guidelines to prevent any form of discrimination inside the place of work. It is imperative to develop training programs that promotes job satisfaction and improves the quality of performance. The employer should increase diversity awareness to prevent potential offensive behavior among the employees.

2.) (1) Hannah cannot be forced to submit her claim to arbitration because ...

Overview

Sexual harassment in the workplace has increased the need to have and formulate laws that protect employees from exploitation in the workplace. Sexual harassment originates from the need to exercise power in the workplace (Boland, 2005). Sexual harassment in the workplace does not have to involve outright demand for sexual intercourse. It may even involve a simple joke, which is not received well by the other party. Sexual harassment is prevalent in the male dominated workplaces where the number of women employees is fewer. Men will likely be influenced to harass a woman sexually in a workplace. This is the case especially ...

Abstract

This paper researches the issue of religious discrimination in the workplace – an increasing phenomenon reflecting the increasing diversity of the workforce. The key issues involved are discussed and researched by means of a literature review, taking particular note of the situations as affecting the smaller business organizations. Pertinent legislation and case examples are discussed, and the ways that employers might head off potential strife within their workforce arising due to religious differences. Those ways include making proactive efforts to accommodate the religious needs of individual workers, while at the same time explaining to their employees that the primary objectives must ...

Ricci v. DeStefano, 557 U.S. 557 (2009) was a controversial case that was decided by the United States Supreme court. The case concerned racial discrimination practices by New Haven, Connecticut’s fire department. The department had eighteen employees where seventeen were white, while there was only one Hispanic. The company in 2003 had seven openings for captain and eight positions for lieutenant. The department administered civil service examinations to fill the positions. The test consisted of two segments where one was oral and the other was written. The New Haven Department of Human Resources issued and RFP for the exams ...

Law

ASSIGNMENT ONE:Memorandum RE: Employer-employee relationship between Mel and Alice The issue in this case is whether there was an employer-employee relationship that existed between Mel and Alice that will meet the criteria established in Amarnare. In this given case, Alice was hired by Ex-See-Lindt Staffing to work as a temporary legal secretary at Mel’s Law Offices, but she was being paid by Ex-See-Lindt. However, Alice got her hours, assignments, and training from Mel’s and was required by Ex-See-Lindt to report to work each day in a timely manner. She was informed that she will get paid ...

The Supreme Court of the United States

Joseph Oncale, Petitioner v. Sundowner Offshore Services, Incorporated, et al No. 96-568 December, 3 1997, Argued Type of Action It was a civil suit on employment law involving case of discrimination. Facts of the Case In October 1991, Joseph Oncale (the Petitioner) was working on a Chevron USA Incorporated oil rig in the Gulf of Mexico, for a company called Sundowner Offshore Service. He is one of the roustabouts in a crew of eight. While in employment, he alleged that on several occasions he was subjected to humiliating actions that were sex-related by his colleagues and in ...

I concur with the argument in relation to reverse discrimination. This, in my view, is one of the flipsides of affirmative action. It is not justifiable or at least at this juncture, to wholesomely reject affirmative action. Nonetheless, sufficient evidence suffices to show that some qualified and competent employees lost opportunities because they belong to the majority. This has especially affected the White men seeking employment opportunities. As noted in the discussion, it is imperative to follow the letter and spirit of Title VII. To that extent, discrimination based on race, color, religion, sex and or national origin should ...

A civil suit brought for violation of Title VII of the Age Discrimination in Employment Act (ADEA) and constructive discharge in violation of the Employee Retirement Income Security Act (ERISA).

Facts of the Case:

Andrew Terry, the plaintiff, is a white male who began working for the INS (Immigration and Naturalization Service) in New York as a Special Agent in 1976 aged 30. When he was over 40 years old, he was not selected for a vacant position of supervisory criminal investigator. He was not even on the “Best Qualified List” (BQL), even though he had 17 years experience compared with the younger African-American candidate with ...

In the US, an employer is required to conform to the employment laws, as specified by the congress from time to time. These employment laws are based on the country’s unique multicultural population.

Discrimination by Type

US Federal Laws prohibit employers (employees should be more than fifteen numbers in the subject firm) from indulging in discrimination towards their employees in any matter concerning employment ( e.g. Hiring, Firing, Incentive, Promotion, etc.) due to their (a)country of origin, (b) Age (c) Religious beliefs (d) Gender (e) Color (f) Pregnant Women and (f) disability as per Title VII of the Civil Rights Act of 1962. ...

Discuss the challenges of EMS systems.

EMS stands for Emergency Medical Services. It’s a medical services, which are provided for people, who needs help in emergency situation. Different methods, which are used prior giving medical services: Incident recognition, access 911, dispatch, first Responder, basic life support, advanced life support, transport ground/air, emergency department facilities, specialty care, patient rehabilitation, prevention awareness, public education. This methods run in cycle order, each method has its own goals and objectives.

Describe the challenges of providing EMS services in the rural setting.

The main challenge of providing EMS services in the rural setting is having a challenge reaching the patient, as it’s sometimes hard to reach the patient prior it’s ...

Question One

The labor laws outlaw employee discrimination of any nature. It is illegal to practice any form of workplace discrimination. The action by the employer would be deemed unlawful. It can be explained by the theory of affirmative action. The Act outlawed any form of discrimination against any employees and job applicants because of sex. The employers should therefore not make any employment decisions on stereotypical and assumptive attitude. Presuming the ability, personalities, or the productivity of potential employees, on account of their sex is illegal. The employer can be sued for violating the law. The principle of equality ...

- Discuss the challenges of EMS systems There are many challenges that are observed in the EMS systems. Some are discussed below: (a) Lower salaries: In comparison with other healthcare professionals, salaries for EMS are low especially in frontier and rural and frontier (b) Over-use in urban areas: Rapid job burnout, recruitment and retention of employees, and a high rate of turnover (employees) are few challenges in urban EMS systems. (c) Staff training: In an EMS organization, the provision for training of personnel can be a vital and costly affair. (d) Maintaining Equipment: For smaller department, the costs to repair ambulances and ...

Inappropriate Behavior

Business Inappropriate Behavior

Harassment proscribed under law includes ‘unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature’ (US Equal Employment Opportunity Commission, n.d.a.). Marwan’s actions against his co-worker involved an unwelcome sexual advance. Title VII of the US Civil Rights Act prohibits Marwan’s conduct with his fellow worker.

Applicability to Park Guests

According to the US Equal Opportunity Commission, the culpability of being tried under Title VII of the United States Civil Rights Act of 1964 for sexual harassment is extended to the victim’s supervisor, a different supervisor in the firm, a co-worker, ...

WalMart Stores Inc. is the largest private employer in the United States of America. Over the years, WalMart Stores Inc. has expanded across the globe acquiring a multinational status. Indeed, WalMart plays a significant economic role both within and outside the United States of America. As such, naturally a lot of focus is placed on the corporation. Business and legal pundits have analyzed the conduct, performance and structure of WalMart with a keen interest to observe its ethical practices. From the outset it is imperative to note that the multinational has not had a clean bill of health. It has suffered a number of legal ...

Sexual Harassment

Conflict Resolution Project Paper

Background2-4

Literature Review..5

Analysis.6-8

Conflict Resolution Recommendation..8-10 Reflection11 References..12 Background The sexual harassment case concerning an employee of Kleiner Perkins Caufield & Byers, one of Silicon Valley's best-known venture capital firms, Kleiner Perkins Caufield & Byers, is the conflict situation that will be the emphasis of discussion. According to one allegation relating to this specific case, Ellen Pao claims that in 2006 an male employee at the firm "made inappropriate sexual advances" toward her that caused her to feel as though her job at the company mightcould be in jeopardy if she refused rejected those ...

Question One

In this case Dr. Drew is under obligation to study the ADA to understand why and when a leave of absence should be considered appropriate in workplace accommodation. He should do a research to know exactly how long such a leave should last and the implications of denying Charlie the leave. Dr. Drew ought to know if the request for a leave of absence is reasonable or effective before he decides to terminate Charlie from the employment contract. Employers are facing challenges tying to comply with the complex ADA and at times they are not sure about their obligations (Walsh) If Dr. ...

Forensic psychology

Sexual harassment Sexual harassment, in all its forms, is a serious crime punishable by law. These acts of harassment include unwelcome sexual advances, soliciting sexual favors to facilitate career advancement and any physical or verbal conduct that is of a sexual nature. The victims or the harassers can be either a man or a woman contrary to common belief that women are in most cases the victims. The victim may not necessarily be of the opposite sex as the harasser. Harassers are, usually, any one from a supervisor, a colleague in the office or an outsider and the victim of sexual harassment can be a ...

Affirmative Action and Minority Employment in California Higher Education

Affirmative Action and Minority Employment in California Higher Education

Chapter 4: Results and Discussion

Based from the data gathered from the use of individual data from the available Public Use Microdata Samples of the Census of Population or PUMS data for the years 1880, 1900, 1910 and 1940-1990, the unemployment rate between white men and black men are almost totally similar prior to the Great Depression. However, the 1940s and 1950s showed signs of growing disparity among unemployment rates of white men and black men at an approximate of 11 percent and 9 percent for black men and white men, respectively, in 1940 and ...

Introduction

Workplace inequality can arise in relation to race and even gender. Moreover, such acts of discrimination can be perpetrated on an individual or at a structural level. Structural bias occurs when certain categories of people are given unequal status as compared to other people. However, individual discrimination refers to prejudicial treatment meted on a person because of certain features like their accent and gender. Therefore, the paper seeks to address the kinds of discrimination that exist in the company where Maria works as it is typical of what happens in organizations. Additionally, issues of unfair treatment, rights of an organization to ...

Question 1

Mohammed Rafiq was born in India and practices Islamic. Nevertheless, in the workplace, his colleagues as well as hi manager keeps on referring to him as an Arab and essentially takes him to be an Afghanistan citizen even though Rafiq has told them on several occasions that he is from India. Harassment based upon an erroneous depiction of a worker's national origin is as unethical as harassment based on the worker's actual national origin. For instance, in Rafiq’s case, the colleagues made discriminatory comments regarding Rafiq’s religion simply because he was from a religion that they associated with a different ...

Question one: Miles

The Miles case is fairly straight forward. The issues put forth for determination by the court can be summed up in the following questions. One, what rights Miles has against his parents? Two, what rights the parents have? Three whether on the request by the parents, Miles can be removed from the team without his consent? And lastly, whether his parents can take part or all of his income? In the ensuing discussion, the paper shall answer all the questions. From the onset, it is imperative to note that the Court should be guided by the holdings in Tye ...

In the American employment law, the disparate impact doctrine holds that the employment practices might be termed as discriminatory and also illegal if they include a disproportionate or the adverse impact on members belonging to minority groups. In the same doctrine, when Title VII of 1964 civil rights act is violated, it might be proved through presentation of an employment practice or the employment policy that have a disproportionately adverse negative effect on individuals of the protected class as it is compared with the non-members of protected class. This doctrine always prohibits employers from using facially neutral practice in employment which ...

The case of Johnson v Santa Clara Transportation Agency is one of the seminal decisions relating to employment discrimination and affirmative action plans. A background of the circumstances attending the institution of the case is important in this respect. In the year 1978, the defendant in this case voluntarily adopted an Affirmative Action Plan for hiring and promotion of women. The plan provided among other things, that while making promotions senior roles within traditionally segregated job categories where women had been marginalized, the Agency was permitted to consider the sex of the applicants as a factor for consideration in such ...

Personal and Organizational Policy

PERSONAL AND ORGANIZATIONAL POLICY Part 1 Any organization; big, medium or small, has its sets of rules and regulations, which the management expects it employees to adhere to. The management expects their employees to follow these rules and regulations most diligently so that no untoward incident takes place at the workplace. Employers find managing their workforce as among the most difficult aspects of a business and invariably, there is always an issue that challenges their managerial skills. Perhaps the most common problem faced by an organization is when an employee or employees choose to disrupt work under some ...

Introduction

One of the legally required benefits available to employees is protection against discrimination in their workplace. This is the selected area which this paper proposes to examine. The U.S. Department of Commerce has categorized potential discriminations in the workplace as “REGARDS” each letter of which refers to race, ethnicity, gender (sex), religion, disability, and sexual orientation respectively as part of best practices in achieving workforce diversity in one of its reports. As such, the most common forms of discrimination in vogue at workplaces are the above said ones in addition to genetic information, pregnancy, and sexual harassment. If an ...

Introduction

Common types of discrimination at workplace considered illegal are discrimination based on race, ethnicity, gender (sex), age, religion, disability, genetic information, pregnancy and sexual harassment. Sexual orientation is another form of discrimination. Discrimination refers to less favorable treatment of an employee compared to others because of the said predispositions. The U.S. Department of Commerce refers to these types of discriminations as “REGARDS” denoting race, ethnicity, gender, age, religion, disability and sexual orientation in its report of Best Practices in Achieving Workforce Diversity. These dimensions do not cover lack of intelligence, height or physical attractiveness though it is now illegal ...

In the ruling delivered by Judge Carol Los Mansmann in Schurr v. Resorts International Hotel Inc, the judge states that affirmative action cannot mirror Title VII’s purpose unless it is meant to remedy a discriminatory history against protected groups. The case was a pure legal question of narrow depth and quite focused in nature as its facts are quite simple. In the case, Schurr states that the Casino infringed on his employment rights and discriminated against him on the basis of race. He argues that the act by the casino infringes on his rights under Title VII provisions. He further ...

The case presents a fairly simple situation of sexual harassment. The victim in this case is Kimberly Ellerth while the villain is her boss at Burlington, Ted Slowik. This paper shall consider two main questions. These are whether Burlington is responsible for the behavior of its employees even without knowledge of their conduct and secondly what steps or behaviors could have prevented a law suit. It is this paper’s position that Burlington is indeed responsible for the behavior of its employees. The ignorance of these behaviors does not waive the liability. This is essentially based on Title VII which ...

The plaintiff, Mrs. Drake is a trained and qualified teacher of American English. She is a Black American citizen. The first defendant is the Headmaster of Governors Dummer Academy and the second Defendant is the Board Governors of Governor Dummer Academy. The facts were that on the tenth of October 2011, the first Defendant summoned the plaintiff in his office and instructed the plaintiff to explain her reasons for her absence at the work place without permission for three consecutive days starting the 4th of October to the 6th of October of 2011. The plaintiff reported to the headmaster that her ...

Organizations need to approach matters of employment consciously with due observation of the law. It is important to adopt a prudent approach that seeks to limit potential or any legal liabilities. The safest way to achieve this is through the practice of rule of law which involves observation of the law to the letter. In that context, it is the recommendation of this paper that organizations take cognizance of various employment laws and there requirements thereof. Some of the critical laws include Title VII, Equal Pay Law, Occupational Safety and Health Act, among other laws. While the laws provide ...

What were the legal issues in this case? What did the appeals court decide?

A lawsuit was filed by David Dunlap against Tennessee Valley Authority or TVA under Title VII of the Civil Rights Act of 1964 for racial discrimination during selection of candidates. The district court found that the plaintiff Dunlap has endured discrimination under both disparate impact analyses and disparate treatment, stating that the subjective hiring process of TVA allowed racial discrimination against Dunlap and other colored applicants. The Court of Appeals decided that although there was enough evidence to show that TVA was guilty of practicing disparate treatment, there was not sufficient proof to corroborate disparate impact. Taking into ...

Adverse effect and disparate treatment all apply to cases of discrimination in employment. They fall under the provisions of Title VII which seeks to ensure the protection of employees against any form of discrimination. Adverse effect or impact was developed in the case of Griggs v Duke Powers Co. It refers to the substantial application of a different rate of selection in employment matters with the consequence that the selection works to the disadvantage of members of a given race, sex or ethnic group. The adverse impact is tested using different parameters. The first and most important of the tests is ...

Equal Employment Opportunity Law (Title VII)

Introduction Protected Classes Covered Entities Initially, the Act had assumed an exclusionary approach only limiting itself to matters within private entities that had 20 or more employees. However, as indicated before, the Act has undergone through a series of amendments. It has since entertained a number of employers drawn from diverse origins. In addition, the Act now covers for employers with as little as 15 or more employees. The spirit in the amendment perhaps is in line with the overriding objective. The mischief the Act intended to address does not merely arise within private employment only. It equally ...

Reframing organizations: Lilly Ledbetter’s treatment while at Good year tire

Summary During the nineteen years she served at Goodyear tire, Lilly Ledbetter was constantly offered very low rakings with regards to annual performance, remuneration reviews and lower raises. Her fellow employees received higher emoluments than she did. As a result of this, Lilly sued Goodyear for gender discrimination. She argued that the company contravened Title VII of the 1964 civil rights. She made an argument that the firm accorded her a lower remuneration merely because of her gender. The jury awarded Ledbetter a huge pay of 3.5 million dollars, a sum that was later reduced to only $360,000 by the Court ...

Introduction

In 2012, FedEx Corporation paid a whopping $3 million to settle the charges of discrimination against 21, 635 job applicants 61% of whom were female, 52% African American, 14% Hispanic, 2% Asian and 1% Native American (Greenhouse, 2012). Title VII of the Civil Rights Act of 1964 is a federal law prohibiting employment discrimination based on race, sex, color, religion and national origin. EEOC is a federal organization which has the responsibility of enforcing this law. The EEOC statistics show that the highest number of discrimination charges ever registered was in the fiscal year that ended on 30th September 2010. Though Title ...

Introduction

Discrimination in the business place is an unethical practice yet it is a common tendency in the day to day operations in many businesses (Brown, 2007). It occurs in a variety of aspects, the most profound being discrimination against employees who in a way or another may have a competitive disadvantage working with an organization. In the past, discrimination settlements have cost some businesses huge sums of money as a result of litigation. Employees to a business may be discriminated against in various ways, for example, due to their situation (Elkhouly & Buda, 1997). I have a vivid example fresh in mind of my friend who was ...