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Describe the effects of discrimination
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The question before the Court in Staub v. Proctor Hospital is if an employer should be held responsible if an employee who is biased and does not make decisions has an influence on a decision that an unbiased administrator or manager would not usually make. In this case, Mulally and Korenchuk fabricated an allegation that caused Buck to fire Staub. The Court decided that an employer can be held responsible when a biased employee intends to cause an unfavorable employment action by either taking an action or influencing an unbiased administrator. This is because of discriminatory animus which is intent, motive, or state of mind that discriminates against someone else. At the end of the decision, the question that is left to the lower court to
decide is if Staub should receive a new trial.
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
Case citation: Awkerman v. Tri-County Orthopedic Group, 373 N.W.2d 204 (Mich. Ct. App. 1985). (Child abuse reporting)
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
In the case of Riser v. American Medical Int’l, Inc., Riser, a 69-year-old mother of four children, was suffering from circulation complications in her lower arms and hands. She had a history of several conditions such as diabetes mellitus, end-stage renal failure, and arteriosclerosis. The physician at Hospital A, Dr. Sottiurai, requested bilateral arteriograms to find the etiology of Riser’s circulation problems. However, Hospital A could not fulfill Dr. Sottiurai’s request, so Riser was transferred to Hospital B under the care of Dr. Lang, who was a radiologist. At this instance, Dr. Lang mistakenly performed a femoral arteriogram instead of the bilateral arteriogram that Dr. Sottiurai had originally ordered, and after the procedure when Riser was on her way to be
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.
...g went to the fact that even though the business did not purposely discriminate, it did in fact due to a policy that is discriminatory in nature. In other words, the true reason for the firing was directly related to substance abuse. Although the employee was technically not let go due to the abuse specifically, the fact that this occurred in fact is enough to render the policy unfair. I feel that this law provides great value to my workplace as, it protects those who have made mistakes at the workplace due to a disability. In this case it was substance abuse, but the same concept could be applied to other conditions that alter behavior.
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
Background. Dorrence Darling II, at eighteen years old student who broke his right leg playing college football. Darling II was taken to the emergency room at Charleston Community Memorial Hospital for medical attention and treatment. Charleston Community Memeorial Hospital was a “rural, fifty-bed hospital in downstate Illinois” (Weit, p.399). Dr. John R. Alexander, the emergency room physician, treated Dorrence by applying traction and placing his leg in a cast. Shortly after the cast dried, “Dorrence began experiencing pain in his toes, which became swollen and discolored and later cold and insensitive. On several occasions thereafter, Alexander made slight modifications to the cast including
The Zundel vs. Citron case explains bias as, “a state of mind that is in some way predisposed to a particular result or that is closed with regard to particular issues,” (Zundel vs. Citron). Due to the importance that bias can play in a decision, the courts have created a legal test to determine if it exists in any given situation. The test is, “what would an informed person, viewing the matter realistically and practically – and having thought the matter through –
Clear and Danger was evaluated in the First Amendment and guarantees the right of Freedom of Speech. I have two scenarios regarding clear and danger, the first scenario is Debs v United States. In this case Debs v United States, Debs felt that socialism is the answer; however, Deb’s was prosecuted for the remarks that he made. In addition, the speech that Deb gave wasn’t as harsh as made by others, for example, George McGovern made a remark about the Viet Nam War during his 1972 presidential bid which was very harsh. This process was done by using its weak form of the clear-and-present-danger test and Deb’s ended up being sentenced to a ten year sentence. In this case Deb’s couldn’t speak everything on his mind that he wanted which was a violation
In Michigan v. Clifford, "the utility of requiring a magistrate to evaluate the grounds for a search following a fire is so limited that the incidental protection of an individual's privacy interests simply does not justify imposing a warrant requirement;" therefore, the search of the basement was reasonable (1984). The issues of that case revolve around the unreasonable search of the second floor of the home which required a criminal warrant because at that moment the arson inspectors had reasonable suspicion that the origin of the fire may have been arson (1984). Moreover, the effect and papers on the second floor of the Clifford's dwelling is protected under the 4th amendment (U.S. Const. amend. IV).
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.
Explain the issue or dilemma using information from the readings in the book and other sources.
However, unconscious bias can lead to far subtler, but highly crippling, form of discrimination. It may be the factor in African Americans not being hired, being overlooked for a promotion or becoming the first employees to be terminated in a workforce reduction without any indication that the decision was based on a person’s skin color or ethnic-sounding name.
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.