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Aviation legislation eassay
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Aviation Legislation Diaz v. Pan Am World Airways Ricky Whitted Embry-Riddle Aeronautical University Introduction The case between Diaz and Pan American World Airways is a classic example of various court cases directly linked to aviation legislation. Moreover, it shows the existence of sex discrimination policies that go against occupational qualifications in the field of aviation. In the plaintiff of “Diaz v. Pan American Airways Inc.,” Celio Diaz sent his application for the flight cabin attendant position with Pan American Airways. Unfortunately, despite being qualified for the position, his application was rejected in the basis that the company always hired female flight cabin attendant. The company argued that their policies permitted only women to be employed in the position of flight attendants. Due to the company’s action, Diaz filed a case with the EEOC citing the company’s failure to comply with Title VII since the company discriminated him based on his gender. Pan American Airways, on the other hand, claimed that gender is an important factor in the company’s take …show more content…
Pan American Airways Inc. is a classic example of the various discriminations that occur in the aviation industry. Many job seekers especially male ones were denied the chance to operate as cabin flight attendants based on their gender. Although companies like Pan American Airways Inc. argue that their decisions to decline applications of qualified male attendants is based on business necessity, Fifth Circuit Court found out that there were no adverse effects that hiring male flight attendants like Diaz could subject their company operations or customers to. Based on the provisions of the Civil Rights Act of 1964, airline companies should adopt effective hiring policies that would ensure employees are hired based on their qualifications and experience rather than their gender, race, or other factors that may not add value to the company’s
In United States v. Alvarez, Xavier Alvarez claimed that he was a retired marine who had received the Congressional Medal of Honor in 1987 for being wounded repeatedly by the same person in combat. These claims were made in an attempt to have him gain more respect from his peers. The claim was that Alvarez had violated the Stolen Valor Act of 2005. The Stolen Valor Act of 2005 states that there are protections against claiming to have received some type of military honor, such as the Medal of Honor and other military decorations and awards (GovTrack). The Government stated that there was first amendment value applicable to Alvarez’s false statements, and that his statements caused harm to others. By making this statement, it was argued that the value of the award of Honor would drop and that this type of false speech falls under the same category as speaking falsely on behalf of the government or as a government official. However, since his statements were not made with the intention of financial benefits or special treatment, his false claims may not be illegal because they were made for the purpose of gaining respect.
Therefore, the job could have been done by either of the genders that applied. For this reason, the defense of the airline company was compromised. This led to the court’s decision that the placement of discriminating conditions such as the maximum height rule and the hiring of attractive female candidates only was a violation of Title VII under the Civil Rights Act of 1964. Indeed, the unlawful and impermissible discrimination exercised by the airline company denied the male applicants the above mentioned privileges and thus was a just cause of action taken by Gregory R.
David Dunlap, a 52-year old African American male with 25 year boilermaker experience, 15 years of which include foreman experience, brought suit under Title VII, alleging racial discrimination by the TVA after being looked over after interviewing for positions within the TVA. The district court agreed that “Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants” (Walsh, 2010). The case was heard by the 6th District Court of Appeals and that court “affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court’s award of damages and fees to Mr. Dunlap” (Walsh, ...
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
Sex Discrimination in the American Workplace: Still a Fact of Life. (2000, July 01). Retrieved from National Women's Law Center : www.nwlc.org
Considering her twenty employees, her thought process was to choose one individual from a racial or ethnic minority group to demonstrate the inclusiveness of the business. According to the U.S. Equal Employment Opportunity Commission (EEOC), Title VII of the Civil Rights Act of 1964 (2016) made it illegal for an employer with fifteen or more employees to base any promotion decisions on the racial or ethnic makeup of an individual. According to Joni Hersch and Jennifer Bennett Shinall (2015), the Civil Rights Act of 1964 was enacted as a result of unfair treatment of minorities in all aspects of life, and President John F. Kennedy chose to focus his executive powers on creating additional legal changes to protect disadvantaged individuals. Based on Nancy Kubasek, Bartley Brennan, and M. Neil Browne’s (2015) discussion on ethical norms in law, these acts were put into place in order to provide justice, so all citizens would be treated the same regardless of race or ethnic
Institutions in the businesses sector are swarming in racial discrimination, much of which is covert and difficult to detect and prove. Racial discrimination excludes, marginalizes and exploits those citizens who are discriminated against, ceasing any opportunity for economic progress and development. Under certain regulations some businesses are required to diversify their workplace by hiring certain amounts of people of color, but in reality these small quotas do not do much for the overall condition of the people who are being discriminated against. Businesses that fail to take action on racial discrimination tend to have lower levels of productivity. This stems from employees not being interested in working hard, or because people with exceptional talents and skills choose to shy away from certain places of employment due to the fear of racial discrimination. Employees who feel wronged also tend to switch jobs, forcing the organization to spend more time and resources on hiring and training new employees, besides coping with the low productivity of a new employee. (Nayab)The effects of racial discrimination in the American work force could be identified with funded research on the topic. With ample data employers will be able to better understand the negative affects that racial discrimination have
Despite legislation for equal opportunities, sexism is still evident in the workplace. Women have made great advancements in the workforce and have become an integral part of the labor market. They have greater access to higher education and as a result, greater access to traditionally male dominated professions such as law. While statistics show that women are equal to men in terms of their numbers in the law profession, it is clear however, that they have not yet achieved equality in all other areas of their employment. Discrimination in the form of gender, sex and sexual harassment continues to be a problem in today’s society.
The Equal Employment Opportunity Commission chart shows a decrease in gender discrimination since 2012, and remaining at a constant 29% of cases filed at the end of 2015. A straightforward approach is used to propose gender stereotypes by naming, identifying, and understanding the context. An example on how gender stereotyping comes into place, nurses are usually females, and you don’t see as many men in the healthcare field working as a nurses because it is for women. Gender discrimination comes in play when harm is applied to an individual. A woman may want a job that portray the role of a man, and she is discriminated against, and The Equal Employment Opportunity states what laws are being
...dress issues related to a history of discrimination in this country that excluded minorities and women from obtaining certain types of employment. These programs attempt to address the many years of discrimination by giving preference to groups of minorities with decisions related to hiring, training and promotions within a company. Although laws were passed that outlawed discrimination associated with race, religion, age and gender these alone were not sufficient to compensate for the many years of these exclusionary practices. Affirmative action programs, although controversial, work to provide access to areas of employment that had been previously denied to women and minorities.
Airlines are currently in litigation with Arabs and people on Indian descent over racial profiling. Recently, five passengers who of that descent who had passed through intense security check points and who were still denied the right to fly have filed individ...
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.
Throughout the years the United States has faced many challenges with equal employment opportunities for everyone. The United States has developed The Equal Employment Opportunity Commission, also known as the EEOC, to enforce laws that help prevent everyone from being treated unfairly when it comes to employment options. The EEOC has established stipulations and overlooks all of the federal equal employment opportunity regulations, practices and policies (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Some laws that have been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of these laws have helped the United States citizens become treated more equally in the work force.
According to Corley, Reed, Shedd, and Morehead, (2001) “the most important statue eliminating discriminatory employment practices, however, is the federal Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act o 1972 and the Civil Rights Act of 1991.” The appropriation section o...
This paper on equal opportunity employment will show a few different types of discrimination that would impede on a person from getting hired into an organization. It also shows some of the different Acts from the Civil Rights Act of 1964 that prevent discrimination when hiring workers into an organization.