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Racial discrimination in the justice system
Racial discrimination in the justice system
The effects of racial discrimination
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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.
The Facts
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Jackson, a black person, who was appointed fire chief in 1989 in Atlanta, Texas, was fired due to alleged misbehavior and amorality (Open Jurist, 1996).
After a hearing, he was not reinstated. He filed a lawsuit against the city manager and many councilmen for racial discrimination in regard to his employment in a federal district court citing Title VII and USC Sec 1983 of the United States (US) Constitution (Open Jurist, 1996). The defendants asked the court to dismiss the case or to make a summary judgment because there was not a substantive claim against them and they were entitled qualified immunity (Open Jurist, 1996). According to Chin (2013), settled factual issues do not need to be tried in courts, and thus summary judgements are required. The judges denied the motions stating that there were claims and issues of facts that needed to be tried (Open Jurist, 1996). The defendants appealed the district court’s decision before the US Fifth Circuit Court of Appeal (Open Jurist,
1996). The Issues The court of appeals was expected to rule on two issues. First, the defendants stated that the district court erred by not dismissing the Title VII. Second, alike the first issue, they also said that they were entitled a qualified immunity, so the district court erred again by not ruling a summary judgement concerning Sec. 1983 (Open Jurist, 1996). The appeal court’s justices were brought to decide on these issues. The Rulings In the appellate court, the judges argued that concerning the Title VII, the district court’s decision was not a final decision, and thus the court of appeal had no competence to review it. So, it was remanded to the district court for further proceedings (Open Jurist, 1996). However, the district court was asked by the court of appeals to dismiss the Sec 1983 claims (Open Jurist, 1996). The Justification The court of appeals lacked authority in an interlocutory stage with cases like this one, which concerned the Title VII to make legal ruling, so it remanded the case to the district court for continuing the process (Open Jurist, 1996). Concerning the Sec 1983, the existence of claims of discrimination in regard to Title VII covered any claim related to Sec 1983. To avoid duplication, the district court was asked to dismiss the case because it erred in its ruling (Open Jurist, 1996). The Court of appeals cited similar cases that other courts solved, and rulings made by the Supreme Court to justify their rulings in general. My Opinion The rulings of the court of appeals are just and are based on law. It is clear that an intermediate decision based on facts, which is not a final decision cannot make a case of appeal. However, a court of appeals is entitled to make substantive rulings if the decisions were made with errors on legal basis. In general, these concepts are great, and I support them. Emergency Situation A local emergency management agency’s (LEMA) manager who is from a minority origin is appointed by the mayor due to his talent and skills. It is difficult for him to get along with subordinates, promote team work, and get key stakeholders involved in any emergency management process. As everybody knows, emergency and disaster processes require the involvement of key professionals and people to get successfully through the phases (Lindell, Prater & Perry, 2007). This manager who lacks human qualities is fired and after hearing, files claims against the city manager on racial discrimination basis in regard to Title VII and Sec 1983 of the US Constitution. The city manager will cite this case for his actions. The US Constitution provides protection for citizens against discrimination in regard to employment. Some citizens animated by bad faith claim falsely this law when they are reprimanded due to their own bad behaviors. This was the case in this paper.
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 Tucker vs. Walgreen Company was a nationwide known class action case. It fell into the category of race discrimination. This cases was brought to the attention of the law by African Americans who were employed at this retail and pharmacy store. This pledged that they were being discriminated to by the following acts:failure to move up in positions (promotion), dieing them the opportunity to apply for assistant manager and manager, and being assigned to an undesirable store for an extended period of time compared to whites. They filed a class action lawsuit with the demand of compensatory and punitive damages and declaratory and injunctive relief. Along with these demands, the plaintiffs desired class certification for those who have been previously affected by the defendant’s discriminatory acts as well as any who will suffer from them in the future.
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
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.
Brown, D. (2012). An invitation to profile: Arizona v. united states. International Journal of Discrimination and the Law, 12(2), 117-127.
In the United States, racial discrimination has a lengthy history, dating back to the biblical period. Racial discrimination is a term used to characterize disruptive or discriminatory behaviors afflicted on a person because of his or her ethnic background. In other words, every t...
Disparate Impact arises when an employer's practices unintentionally excludes a protected class disproportionately (Player, Shoben and Lieberwitz, 1995). A "protected class" is a group of people, with common characteristics, which Congress has determined must be protected from inequality ("On-the-Job Discrimination: Gender Discrimination," 2004). This paper will analyze the landmark disparate impact case of Griggs v. Duke Power Co. (401 U.S. 424, 1971) from its beginning to its conclusion in the Supreme Court. Included will be the facts of the case and the issues detailed, as well as the history of the case from initial filing to final ruling.
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.
Another even more high news case was Ricci v. DeStefano. This landmark case ,most likely lead to Griffin and Low being rewarded as they were, started in 2003 when nineteen firefighters filled a lawsuit against the city of New Haven, Connecticut alleging that the city discriminated against them regarding promotions. Of these firefighters, seventeen are Caucasian and two are Hispanic, had all passed the city test for promotions to management. New Haven officials invalidated the test results because none of the b...
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.
Abstract- Racial discrimination happens all the time and most of us are unaware of it. The most common place for this to happen is in the workplace. Now people can be discriminated against because of their race, religion, or any other numerous things. Also, discrimination can occur during the job interview or even after you got the job. This paper will shoe the effects of racial discrimination and how it can be prevented. In addition there are some very important laws that deal specifically with discrimination, like the NAACP or Affirmative Action. These both will be discussed.
There are many laws protecting employees and employers against harassment and discrimination. Harassment and discrimination constitutes more than just race, color, and religion. However, employees fail to report harassment and discrimination due to the lack of knowledge about their rights. Three of the most important laws e...
In the world today, racism and discrimination is one of the major issues being faced with. Racism has existed throughout the world for centuries and has been the primary reasons for wars, conflicts, and other human calamities all over the planet. It has been a part of America since the European colonization of North America beginning in the 17th century. Many people are not aware of how much racism still exist in our schools, workforces, and anywhere else that social lives are occurring. It started from slavery in America to caste partiality in India, down to the Holocaust in Europe during World War II.
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.