The facts in the case of Thompson V North American Stainless, LP 562 U.S._ (2011) are fairly straightforward. The petitioner in this case, Eric Thompson, was seemingly fired from his job at North American Stainless (NAS) because his fiancée, Miriam Regalado filed a sexual discrimination charge with the Equal Employment Opportunity Commission (EEOC). His suit was filed under Title VII claiming that his dismissal was retaliation for his fiancée’s charge. (Pagnattaro, Cahoy, Magid, Reed, & Shedd, n.d.)…
CM received a call from Honoria Forte (Attorney) regarding GPS tracking device for youth. CM was informed that Judge Iglesias has an available GPS tracking device for youth and Judge Iglesias rescheduled youth’s court hearing for Friday, 1/6/17 at 9:00am to release youth on GPS. Ms. Forte stated that she contacted caregiver regarding youth’s next court hearing. Ms. Forte reports she will give youth’s IEP documents to give Sergio (court liaison) for CM file.…
1. A business fails to meet the criteria if its practices are not equal and if has procedures unrelated to necessary job functions in the organization. In the case of McDonnell Douglas vs Green the Supreme Court holds that a charging party can prove unlawful discrimination indirectly by showing a failure in the organizational business process. In this case the hiring and firing of an employee, McDonnell Douglas was taken to court over their unethical tactics. The charging party has to only prove four things: they are a minority (protected group), they applied and were qualified for the position, the job was not offered to them, and the employer continued to seek applicants with similar qualifications. If the plaintiff can prove these four elements, the employer must show a legitimate lawful reason why the person was not hired.…
There are legal issues in case example A. These issues will need to be brought up and answered before any decision can be made over this case. A letter was sent to Elaine. Could this be considered a contract? If not, was there a contract involved? If there was a contract involved, is it an executory contract or is it not valid at all? This is an employment-at-will employer, does the employer really need to give a reason for the termination? Ethics in business play a big role in today’s society. Could ethics have been violated by the employer? Is this discrimination against Elaine? Did the employer lower Elaine in to this business with lies to gain something from her? Is this an intentional misrepresentation or fraud? Did Elaine have a certain skill that the employer needed and after the employer got what he needed he fired her? These are short legal questions that will need to be further studied.…
Federal and state governments have enacted laws to protect against discrimination and sexual harassment in the work place yet employers continue to discriminate and violate employee 's right to work in a non-hostile environment. We have chosen Jenson v. Eveleth Taconite Company to examine class action status, discrimination and sexual harassment in the work place. This was the case first sexual harassment lawsuit to receive class action certification in 1988 defining the class “to include: all women who have applied for, or have been employed, in hourly positions...at any time since December 30, 1983” (U.S. Court of Appeals, Eighth Circuit, 1997).…
I’m currently working as a bartender at Chuggie’s BUT I’m also working on my debut album _____________. I’m trying to break my way into the music world. You may have seen me on American Idol…multiple times.…
The Civil Rights Act of 1964, Title VII, forbids “an employer to … discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s … sex.” Civil Rights Act, 1964. In Meritor Savings Bank v. Vinson, the court held that “a plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive work environment.” Meritor Savings Bank v. Vinson (US 1986). A hostile work environment is created when the environment at work creates anxiety so severe as to result in an alteration of the terms and conditions of employment. Hailey Course Pack, p. 140. The burden to prove such an environment was created rests on the plaintiff. The plaintiff must prove that they belong to a protected class; were subject to unwelcomed harassment; the harassment is based on sex, meaning it is not happening to members of the opposite sex; and the harassment alters the conditions of employment. Hailey Course Pack, p. 140. In this case, the court will evaluate whether Black has sufficient evidence to prove her claim of a hostile work environment.…
This was a case brought to action by Joanne Zippittelli against her employer, J.C. Penney Company. Her defense for creating case was that she was overlooked for the position in question due to her age. Zippittelli was one of four women who applied for the position with the company. All four women had the same job title and when they were interviewed by the Personnel Manager, he determined that there were three candidates including the plaintiff qualified for the position. Johnson then ranked the applicants, making the plaintiff his third choice (Twomey, pg. 537). After a consultation with Johnson’s supervisor, he hired his first choice, Patti Cruikshank. Zippittelli had a conversation with her supervisor, Anita Benko about how she was overlooked. Benko asked Zippittelli how old she was at which time Zippittelli responded she was 63. Benko made the statement that she would “probably not” get the position. After having this conversation with her supervisor Zippittelli was convinced her age was to blame for her lack of success within the company. Zippittelli filed a complaint with the EEOC and received a right-to-sue letter. The Age discrimination in Employment Act prohibits discrimination against any individual over the age of 40 with respect to “compensation, terms, conditions, or privileges of employment, because of an individual’s age (Twomey, pg. 538).…
After being terminated a female bank employee filed an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. §2000e et seq., claiming that she had been sexually harassed by her male supervisor. The US Supreme Court ruled that if the actions of the supervisor were unwelcome, than the respondent had a claim for sexual harassment on the basis of a hostile work environment, even if the sexual acts were voluntary.…
The lawsuit that I have chosen is about a company not hiring someone because of their race. Tyeastia Green sued Alliant Techsystems, Inc. (ATK) because they did not hire her due to her race. A recruiter for ATK initially told her that she had gotten the job, later ATK rejected her and hired a while male instead ("U.S. Equal Employment Opportunity Commission", 2012).…
* The Civil Rights Act of 1991: It specifies that women who face job-related discrimination are entitled to monetary damages. Women who observe discriminatory behaviour can consult with lawyers, including civil rights advocates who offer free advice and may even take a case and charge small or no legal fees. However, equal rights for women in the workplace does not eliminate the reality of merit-based pay and variable pay scales for workers based on seniority and job effectiveness. Women are simply entitled to the same…
In response to the request on potential liability to the sexual harassment case brought by Virginia Pollard, the company is vicariously liable for the conduct of its employees even though there is a sexual harassment policy in place. Virginia had become a victim of a hostile work environment supported by a supervisor with immediate authority over the employee. Pollard was working in a very stressful environment in which she (being the only female) was a minority being subjected to inappropriate language and other unwanted and uninvited behavior. Pollard was humiliated on a daily basis (i.e. pranks involving taping her drawers shut, locking her out of the guard shack, having a forklift backing up to the guard shack and backfiring into her ear) and also upset with the lack of support from her manager.…
The focus of this paper will be to show how an employee would take a discrimination complaint against his or her employer. The process will be explored from where one would begin with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court. In the examination of this scenario, it becomes necessary to define two key terms: discrimination and civil litigation.…
Employment discrimination and harassment occurs in the workplace for a variety of reasons. The Civil Rights Act of 1964 identified race, sex, religion, and national origin as discrimination criteria. This paper will address those issues covered under the Civil Rights Act. When making an assessment concerning employment discrimination or harassment for any legal action, it is important to review the relevant legal standards and procedures.…
Is it clear to you why a court would be able to include in its remedies those who were not directly discriminated against by any employer?…