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Age discrimination in the workplace brief introduction
Age discrimination in the workplace brief introduction
Age discrimination in the workplace brief introduction
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In addition, Walsh states that “the crux of a disparate treatment case is an allegation that an employment decision was intentionally discriminatory in the sense of being based on protected class (Walsh, 2013)”. When Ms. Baker refused to fire employees simply because they were older, she was placed on probation, and ultimately released from her position. Furthermore, the reasons given to Ms. Baker at the time of her termination differed from the reasons given to the court.
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.
Title VII of The Civil Rights Act of 1964 prohibits discrimination based on race, color, national origin, gender, or religion. Race, color, national origin, gender, and religion are known as protected classes. The Supreme Court later established “several theories of discrimination that plaintiffs may purses based on the type of discrimination alleged.” (Melvin & Katz, 2015) The three most common theories are disparate treatment, mixed motives, and disparate impact. Aquino v. Honda is an example of disparate treatment as Aquino believe his was terminated, thus discriminated against, because of his race. Disparate Treatment is defined as “overt and intentional discrimination.” (Melvin & Katz, 2015)The burden of proof was on Honda to prove it had legitimate reason to terminate Aquino. The court ruled that Honda had met the burden of proof; the firing was not discriminatory as the accusations were not baseless nor did they amount to pretext. When the burned shifted back to Aquino to prove his firing was discriminatory in nature, he could not provide any
In the case of Griggs vs. Duke Power Company the Supreme Court of the United States found the Duke Power Company liable for violating the civil rights of thirteen African American employees of Duke Power Company. This was a result of the Duke Power Company intradepartmental transfer policy requirements of a high school education and achieving a minimum scores on two aptitude tests. The intrade direct violation because the power company could not link the intradepartmental transfer policy to benefit or predict the how the employee will lead and serve Duke Power Company. Disparate treatment is the matter of proof. The plaintiff alleging direct, intentional discrimination must first be able to establish a prima facie case and second, he or she is able to establish that the employer was acting on the basis of a discriminatory motive (Caruth).The class action suit, on the behalf of the thirteen African American employees, resulted in a unanimous ruling in favor of Griggs, Duke Power Company.
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
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
The law prohibits discrimination when it comes to any phase of employing someone, including hiring, firing, getting a raise, getting a promotion and other related stuff.
Health disparity is one of the burdens that contributes to our healthcare system in providing equal healthcare to everyone regarding of race, age, race, sexual orientation, and socioeconomic status to achieve good health. Research reveals that racial and ethnic minorities are likely to receive lower quality of healthcare services than white Americans.
If a person convicted of a crime shows no signs of being mentally ill when entering a prison which enforces the long-term use solitary confinement, by the time they completed their sentence and are released, their mental health will have been severely compromised. Studies have shown that the long-term use of segregation in prisons can cause a wide variety of phycological effects such as anxiety, psychosis, depression, perceptual distortions, and paranoia, often leading to a desire to self-harm or in more severe cases suicide. Not only is it wrong to hold a criminal in solitary confinement for any longer then fifteen days, it is unconstitutional. Although many believe the use of solitary
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.
In January 2011, The City of Kansas City, MO lost its second multi-million dollar employment discrimination lawsuit in a one-week period. The former city employees, Jordan Griffin and Coleen Low, were awarded $345,000 and $517,000 respectively by the jury. Griffin, a former Senior Analyst and Commissioner of Revenue, says she was given the nickname “White Chocolate” in the false belief she would favor minority hires. She also says she was harassed when she refused to participate in the biased-hiring process and was overlooked for an interview for the Commissioner of Revenue position on a permanent basis because it was already “pre-determined” that the position would be filled by an African American. When the then Senior Analyst Low spoke up on her colleague’s behalf, she says the city laid her off as well. The city’s, assistant attorney, said the city did nothing wrong and that the city was forced to layoff another 73 people that year due to the slump in the economy (Evans). Did Griffin and Low deserve the money they were compensated and does reverse discrimination exist?
A health disparity is a term used to show that there are inequalities that occur in the healthcare system. Race, sex, age, disability, and socioeconomic status can all attribute to a person 's health outcome. According to Healthy People 2020, health disparity is defined as “a particular type of health difference that is closely linked with social, economic, and/or environmental disadvantage. Health disparities adversely affect groups of people who have systematically experienced greater obstacles to health based on their racial or ethnic group; religion; socioeconomic status; gender; age; mental health; cognitive, sensory, or physical disability; sexual orientation or gender identity; geographic location; or other characteristics historically linked to discrimination or exclusion.” In the United States, many ethnic minorities experience the effects of health disparities. African American, Asian American, Latinos, and Native Americans have a higher occurrence of poor health outcomes compared to the white population. Some examples of health disparities include: African American men, for instance, are more likely to die from cancer than white men. White women are more likely to develop breast cancer than African-American women. African-American men are more likely than white men to develop prostate
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.
Workplace harassment is unwelcome actions that are based on a person’s race, religion, color, and sex, and gender, country of origin, age, ethnicity or disability. The targets of the harassment are people who are usually perceived as “weaker” or “inferior” by the person who is harassing them. Companies and employers can also be guilty of workplace harassment if they utilize discriminatory practices against persons based on ethnicity, country of origin, religion, race, color, age, disability, or sex. These discriminatory practices have been illegal since the passing of the Civil Rights Act of 1964 (Civil Rights Act of 1964), and have been amended to be more inclusive of other people who experience discrimination by the Civil Rights Act of 1991 (The Civil Rights Act of 1991), and most recently, President Obama’s signing of the Lilly Ledbetter Fair Pay Act of 2009 (Stolberg, 2009).
Employers should know that they can reduce their potential liability for discriminatory practices by just a cursory review of their current policies and practices. This simple knowledge can translate to more objectivity and consistency in the workplace, thus decreasing employer liability for discrimination and other claims. By simply being proactive rather than reactive, employers can make improvements that may be the difference in whether an employee can prove a case for wrongful termination based upon discrimination.
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.