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Discrimination of women
Case studies of gender discrimination
Discrimination of women
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In the cases mentioned in question one it briefly reflects how each case set a precedent for areas of retaliation and sexual harassment. The following narrative for each case provides more details on how these cases set a precedent for areas of retaliation and sexual harassment.
Burlington Nothern and Santa Fe Railwayco V. White,126 S.Ct. 2405 (2006)
The first case of Burlington Nothern and Santa Fe Railway V. White. Sheila White was a female employee working with the Burlington railway company as a forklift operator. White worked under the close supervision of her immediate supervisor Joiner who consistently claimed that women were not qualified to carry out the duties she was undertaking. The supervisor reaffirmed these statements even
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in the midst of the white male workmates a situation that did not please the female employee. He reported the sexual discriminatory case to the company top management, and her supervisor was suspended from his duties for ten days.
Later after reporting the case White received a notice that her job as a folk lifter has been reassigned another male member and that she has been relocated from her current job station to more strenuous manual difficult tasks. The employee filed a new lawsuit with EEOC citing retaliation actions against her for reporting sexual discrimination acts g against her immediate supervisor. She also filed a second case alleging that her employer has fixed surveillance camera something that was against her privacy rights. The company later her for alleged subordination. White filed the third case against her employer claiming that her suspension and demotion misfortunes emanated from her resolve to protest against sexual discrimination practices. The sixth circuit court as well as the Supreme Court awarded the plaintiff remedies and affirmed that the company’s …show more content…
practices amounted to retaliatory actions against protected employee activities. According to Janove (2006), the aftermath of the case regarding Burlington Nothern and Santa Fe Railway V. White, will require HR to review its policies, modify its training and establish a mechanism for reviewing all pertinent management decisions for any future retaliatory effect. CBOCS West Inc. v. Humphries, 128 s. Ct. 1951 (2008) The second case CBOCS West Inc.
v. Humphries. According to (“CBOCS West, Inc…”, n.d. ), the case of demonstrated Humphrey, an African American manager at Cracker Barrel Company, sued his company for alleged discriminatory by his race. The plaintiff had been fired by the employer and complained that he was fired as a retaliatory activity for his opposition to inhumane treatment of other African American workmates. The court of appeal and Supreme Court affirmed Humphrey’s case and noted that title seven protects the employees against retaliatory practices from their employers for protected activities including the Humphreys actions. According to Zimmer (2009), this case is significant as a reminder that employment decisions should be made by avoiding criteria that could easily be perceived as subjective. Having this case expose an area where managers fail to have non-subjective decision making procedures that could expose the organization to discrimination suits that could have possibly be prevented.
Jenson v. Eveleth Taconite Co 824f sup 847
(1993) The third case of Jenson v. Eveleth Taconite Co this was the first sexual harassment case to be brought before a federal law court. The plaintiff a female worker had worked for a taconite company sued the employer for alleged discrimination to women against the title seven provisions. He accused the company for sexual harassment and women discrimination acts. The plaintiff had indicated in her case that Eveleth mines has engaged in discriminatory activities in hiring, compensation, promotion training, discipline and job assignment on the basis of gender. The plaintiff also sued the company against hostile working conditions for women in the company. On the other hand, the company defended the allegations arguing that there was no element of sexual discrimination in the company. The court finally settled the case through and awarded 3.5 million dollars to the plaintiff as a remedy.
Based on the case what are two defenses against sexual harassment that can be used by an employer?
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
The American Indian Movement was formed and it was influenced due to the other civil rights groups speaking their mind about the oppression they found to be evident within the major of their culture. Martinez v. Santa Clara one of the most cited court cases focusing on the suppression of equal rights among all, Native American sovereignty, and the ability to govern over own domestic disputes. Martinez v. Santa Clara Pueblo a landmark case although no differences in stressors, cause Native American civil rights activists to speak out against the right of suffrage, ability for self-discrimination and Native American equal rights. The Native Americans have dealt with countless amounts of obstacles, however the government allows for federally funding
Gonzales v. Oregon is a Supreme Court case that took place in 2005, with the verdict and dissenting opinions stated in January of 2006. The case is about the General Attorney’s ruling of a medical practice to be illegal. The Attorney General at the time was John Ashcroft, appointed under President George Bush Jr., who authorized that the usage of lethal doses of medicine on terminally-ill patients to be illegal under the Controlled Substance Act in 1970. The Controlled Substance Act of 1970 is a federal United States drug policy which limits the usage of certain medications in a variety of ways. (Oyez, n.d.).
In the case of a reasonable person test, “a reasonable person in [the employee 's] position would have felt that he was forced to quit because of intolerable and discriminatory working conditions.” The evidence was inconclusive due to Thomas’ “subjective personal discomfort, however, was most likely not the product of any action by appellees but, rather, the product of human nature.” Thomas v. Douglas
In an article written by a Senior student they discuss a monumental moment in Mexican American history concerning equality in the South. The student’s paper revolves around the Pete Hernandez V. Texas case in which Hernandez receives a life in prison sentence by an all white jury. The essay further discusses how Mexican Americans are technically “white” americans because they do not fall into the Indian (Native American), or black categories and because of the Treaty of Guadalupe Hidalgo of 1848. The student’s paper proceeds to discuss the goals connecting the Hernandez V. Texas case which was to secure Mexican American’s right within the fourteenth amendment [1].
There have been many Supreme Court cases that dealed with many concepts of the law, like obscenity for example. As a matter of fact, obscenity is a concept that Miller v. California deals with. To be more specific, this case deals with what is considered obscene, and if the specific obscenity mentioned in this case is protected by the first amendment, the freedom of speech. I will now explain this case in more depth.
Discrimination in the workplace continues to be topics and issues of discussion, despite efforts to minimize or eliminate its ugly head. Discrimination is defined as the unfair or prejudicial treatment of people based on race, gender, disability or age (Fieser, 2015). Furthermore, some companies has used other forms in conjunction with discrimination like sexual harassment to mask unjust treatment in the workplace. Lilly Ledbetter was an employee at Goodyear Tire & Rubber Company, Inc. for over 19 years. During this period, she consistently received low rankings in her annual performance-and-salary reviews. As a result, Lilly received significantly lower raises than her male counterparts, which led to her filing a civil lawsuit
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
Disparate treatment is a form of discrimination that is forbidden by laws in which all employers must comply, including fire and emergency services. Disparate treatment in the workplace is applicable to many functions of the workplace including, discipline, promotions, hiring, firing, benefits, layoffs, and testing (Varone, 2012). The claim of disparate treatment arises when a person or group, “is treated differently because of a prohibited classification” (Varone, 2012, p. 439). In the 2010 case, Lewis v. City of Chicago, six plaintiffs accused the city of disparate treatment following testing for open positions within the Chicago Fire Department (Lewis v. City of Chicago, 2010). The case is based on the argument that the Chicago Fire Department firefighter candidate testing, which was conducted in 1995, followed an unfair process of grouping eligible candidates, therefore discriminating against candidates of African-American decent. The case was heard by the Seventh District Court of Appeals and ultimately appeared before the United States Supreme Court, where Justice Scalia delivered the final verdict in favor of the plaintiffs.
Schipani, C. (2013). Class Action Litigation After Dukes: In Search of a Remedy for Gender Discrimination in Employment. University of Michigan Journal of Law Reform, 46(4), 1249-1277.
...was sued in 2010 by an African American ex employee for 5 million dollars. Harmeen Jones alleges that his co-workers continually made racist, sexist, and extremely offensive comments throughout his employment. After he complained he was fired.(Huffingtonpost.com) Another example of prejudice in the work place is Lazaro Garcia, being segregated at Quietflex factory, that makes ducts for air conditioners. Then when Mrs. Garcia applied to transfer to another department, Department 910, where many workers say pay is higher and the work is easier and less dangerous, management did not even respond. Later 91 workers filed charges with the United States Equal Employment Opportunity Commission, accusing the factory’s owner, the Queitflex Manufacturing Company, of illegal discrimination.(nytimes.com) This helps now days to keep the number of prejudice happenings down.
The US Constitution protects citizens against discrimination at the workplace, it might be racial or other form of discrimination. Discrimination is the way people are treated differently based on unauthorized classification (Varone, 2012). Employment discrimination based on race, sex, religion, and so on is illegal, and it can be the cause of lawsuit by the victims. It has been always difficult to prove that a person is victim of discrimination because the incriminated acts are most of the time subtle (Varone, 2012). In 1992, in Atlanta, Texas, a black fire chief who was terminated, claimed that he was victim of racial discrimination (Open Jurist, 1996). The facts in the case, the issues, the rulings of the justices, the justification, my opinion on the court’s decisions, and any emergency situation in which this decision can be cited are the subjects of this essay.
Title VII makes it, "an unlawful employment practice for an employer...to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex or nati...