Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Age discrimination research paper
Age discrimination research paper
Age discrimination research paper
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Age discrimination research paper
In the Cortez v. Wal-Mart Stores case, the legal issues are Robert Cortez was not promoted to a general manager position over the years he worked at Sam’s Club due to his age. He moved around to different stores to help out and had a lot of experience, but was always overlooked because of his age. He felt he was not being treated fairly and many people newer to the company were getting the position, but he was never offered one. He was only 48 and had been an assistant manager in many locations, but never promoted to general manager. This was his goal he had set for his career. His age should have never held him back or been a factor. “The jury found that Sam’s Club had violated the ADEA and awarded damages to Cortez” (Walsh, 2016 ). The jury saw that Cortez was in the right and was not being treated fairly. Cortez deserved a chance no matter what his age was in my opinion. Sam’s Club liked it when he moved around for them, but not enough to offer him a general manager’s position. This is not fair to anyone at any company. The prima facie issue comes into light with the coaching issue due to the age remark. The two pieces of evidence together make a good case and how Cortez was discriminated against from the start of his career. He was moving around to different locations to get more qualifications under his belt to get …show more content…
Each case is different and should be handled in a certain way. Performance issues could be handled by a verbal warning first. If this does not work then a written warning should be issued to the employee. Last, if the employee does not respond to the previous warnings they should have a conversation with the employee to see what is going on. It could be a simple issue that can be resolved with a quick fix or a change of the schedule or co-workers. Many people have issues going on in their personal lives no one never knows about. So a kind word can go a long
This Hobby Lobby case was decided totally upon the Religious Freedom Restoration Act (RFRA) that became law in 1993. The problem is the Supreme Court’s ruling in Burwell v. Hobby Lobby Stores is one of the demonstration that anti-discrimination regulations can practically induce heightened discrimination than they inhibit. This regulation, RFRA has effectively worked to protect that several anti-discrimination laws. However, Regulations that target religion on purpose are and should be legally suspect, but the RFRA progress more and more, empowering intentional omissions to laws that oppress religious activities. The RFRA menaces rational set of laws, including Unite States Constitution and Amendments forbidding discrimination against other
Every manager wants nothing more than to see their organization succeed and an important part of their organizations succeeding is that their employees are completing their duties to their fullest potential. If for some reason the responsibilities’ of the employees are not getting accomplished, then it is up to the manager/supervisor to step in and resolve the situation. It is stated in the textbook that, “It is the supervisor’s responsibility to ensure that his or her unit meets its goals, ad that means ensuring that employees perform their tasks effectively.” (Werner & DeSimone, Pg. 327).
Lichenstein, N. (2007) Why Working at Walmart is Different Connecticut Law Review, Volume 39 Number 4, May 2007
The Supreme Court held the decision by mentioning the employees who refuses unwelcome and threating sexual advances may not suffer any tangible job consequences, however they may recover against employer and it doesn’t need to prove the negligence act of the employer. Quid-pro-quo instance was involved in this case because Ms. Ellerth had to bear with the sexual attention and remarks creating a hostile environment. The action of supervisor was directly related with the scope of environment and it was directly tied with the job benefits therefore, Burlington had to impose the vicarious liability. The Court stated that "a tangible employment actions [which could not be taken but for the agency relationship] taken by a supervisor becomes for Title VII purposes, the act of the employer." Employer should be liable for the action Ms Ellerth faced even though Burlington was not aware of the situation cause by one of their
The article displayed how Kroger, a major national retail chain, fail to comply with the federal laws and stop the harassment of a young teen employee in Little Rock, Arkansas. Following the teen’s numerous unfiled complaints, the EEOC stepped in and corrected the situation following a lawsuit against Kroger. EEOC claims the harassment had begun shortly after the teen was hired, and continued throughout her employment, without Kroger showing any regard to her safety. Faye A Williams, regional attorney of EEOC’s Memphis office states “Employees – especially very young employees such as in this case, should be about to report the incident without fear of sexual harassment.” Williams follows by stating “Further, companies must respond appropriately when an employee makes a complaint of sexual harassment.
“Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around” (Leo Buscaglia). Caring for those in difficult situations can be very beneficial to people in times of struggle. Atticus Finch of To Kill a Mockingbird, Friar Lawrence of Romeo and Juliet, and August Boatwright of The Secret Life of Bees show just how much being there for someone can impact that person’s life for the better.
In the case of Dukes vs. Wal-Mart Stores Inc. (Dukes), the court found that there was a lack of significant proof that Wal-Mart had a general policy of discrimination (Schipani, 2013). The plaintiffs needed commonality to establish uniformed disparity within the Wal-Mart organization, and statistical evidence was deemed unworthy of proving this commonality (Schipani, 2013). The numbers were astounding; seventy-two percent of the hourly workforce of Wal-Mart are women, yet only 10% are store managers, and a mere 4% of female Wal-Mart employees are district managers (Bernardin & Russell, 2013). The numbers seem to reflect a painfully obvious presence of discrimination, and with Wal-Mart’s market power within its industry, it can be frightening to evaluate the impact their practices have on the American employment culture.
In the past few years, however, other issues concerning the company have become important as well and have begun dominating the news. In particular, Wal-Mart’s treatment of its employees has raised many issues in public and business discussions. Paradoxically,
There are many reasons why an employee may perform poorly. Some of the common reasons include an employee doesn't know what is expected because goals and/or standards or workplace policies and consequences are not clear or have not been set.there is a mismatch between an employee's capabilities and the job they are required to undertake, or the employee does not have the knowledge or skills to do the job expected of them. An employee does not know whether they are doing a good job because there is no counselling or feedback on their performance. Lack of personal motivation, low morale in the workplace and/or poor work environment. Personal issues such as family stress, physical and/or mental health problems or problems with drugs or alcohol
Mr. Lopez made attempts prior to creating his web page to discuss the discrimination with his superiors, however, these attempts were not successful. We may have come upon hard times, but this does not make any discrimination acceptable. Nor does it make it ethical to treat lower level employees poorly. Firstly, I would have to agree with Mr. Lopez that this treatment must be stopped immediately. Under an ethical egoist view, this would be an acceptable manner to run a business because it benefits the company, first and foremost. However, under utilitarianism, this is unethical because it does not benefit the greater good. Additionally, Kant’s Duty ethics and Ross’s Prima Facie duties these acts would be unethical.
This shows that whenever someone is going through a rough time, a friend is always willing to support
Whenever I asked for help, people around me assisted me with patience and warmth. I feel not only my neighbors and colleagues but also strangers care about
They were retaliating against her because she had complained not once but several times to her supervisor. After years of sexual harassment, Carol decided to file a formal complaint with the EEOC. The court found that Carol had endured offensive and abusive behavior in the workplace. She had sustained malicious and brutal harassment that was malevolent and outrageous. The firm’s management staff failed not once or twice, but several times in providing immediate resolution.
If the time comes to terminate the employee, it should not be a huge surprise. Documenting the process is important especially documenting progressive disciplinary measures. Keeping records of the situation goes a long way to avoiding litigation, and it also ensures that appropriate procedures are followed. Being able to identify performance objectives and advise the employee on whether they meet or don’t meet those expectations is helpful not just for termination, but also for training and motivating your team.
Employee stakeholders have another story. The discrimination lawsuits ranging from female employees not getting equal pay or equal positions, to disabled employees, class-action lawsuits stating that Wal-Mart doctors questionnaires to prevent disabled workers from applying, Wal-Mart does not rank very high with these employees. Lawsuits stemming from Wal-Mart’s failure to monitor labor conditions at oversea factories and hires illegal immigrants add to the rift in relations between the employees and the company. Wal-Mart continues to deny charges...