Barack Obama signed the Lilly Ledbetter Fairpay Act, on January 29, 2009. It holds a historic honor of being the first law the president signed, while in office. This law, in simple terms, addressed unfair and unacceptable wage gaps. The Lilly Ledbetter Fairpay Act is a legislative correction to a May 2007 U.S. Supreme Court decision (Ledbetter v. Goodyear Tire & Rubber Co (Mathis and Jackson, 2011). This decision restricted the ability of victims who experienced pay discrimination to sue and receive damages, under Title VII of the Civil Rights Act of 1964 (Mathis and Jackson, 2011). In Ledbetter Lilly Fairpay Act, the Court ruled that Lilly Ledbetter could receive no recourse from her employer (Mathis and Jackson, 2011).This decision came even though she was discriminated against by being paid less than her male colleagues were, for years. The Court ruled that Ledbetter had filed her complaint too late. This was based on the law’s 180-day deadline to sue from the day Ledbetter received her last discriminatory raise, rather than, as the law had previously made clear, from the day she received her last discriminatory paycheck (Mathis and Jackson, 2011).
This decision is unfair to victims of pay discrimination. It ignored the truths of the workplace. Employees generally are no informed enough about what their co-workers earn,
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It reinstated the ability of workers, in all occupations, to seek to vindication against pay discrimination. In summary, individuals have 180 days to sue from the last discriminatory paycheck received. This law is designed to protect workers from employment discrimination practices(Mathis and Jackson, 2011). Additionally, it empowers individuals who believe they have been victims of worksite discrimination a greater amount of time to seek justice. Usually, the victim can only collect backpay for the last two
Under these circumstances, the court agreed that Summit had no reason to know or suspect that Kellar was working before her shift. Kellar’s wage payment claim under Indiana law was derivative of her FLSA claim, it failed for the same reasons. Thus, the Seventh Circuit affirmed summary judgment on both claims in Summit’s favor.
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.
Hamblett, M. (2004, August 26). 2nd Circuit: Impact of Employer Acts Grounds for Suit: Court rules on disparate impact theory of recovery. New York Law Journal. Retrieved April 4, 2005 from http://www.law.com/jsp/article.jsp?id=1090180422885
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
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, ...
“Threats of workplace violence and aggression have emerged as important and very serious safety and health issue in today’s workplace” (van Emmerik, Euwema, & Bakker, p. 152, 2007). With this thought in mind, the intent of this case assignment is to analyze the situation of Betty Smith a newly acquired HR (human resource) Director at Company XYZ in regards to workplace violence. Hence, the CEO of Company XYZ inquires of Betty on what strategies can be implemented to prohibit such a calamity. Thus, Betty contacts a Senior Professional in Human Resources (SPHR) for their advice. That being the case, this paper will annotate some potential questions her friend would ask regarding the situation. Moreover, I will communicate my thoughts on
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...
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...
In 1963, President Kennedy signed the Equal Pay Act into law, making it unlawful to discriminate against a worker on the basis of sex. Since that time, the wage gap between men and women in the United States has narrowed by just 15 cents, now being 74 cents, as reported by the U.S. Census Bureau.
With a record 64 million women in the workforce, pay discrimination hurts the majority of American families. Families lose $200 billion in income annually to the wage gap—an average loss of more than $4,000 for each working family. In addition, wage discrimination lowers total lifetime earnings, thereby reducing women’s benefits from Social Security and pension plans.
In the legal issue titled Employment discrimination, it describes a situation where abc corporation decides to respond to what it sees as a moral obligation to correct for past discrimination by adjusting pay differences among its employee. This raises a lot of ethical conflict with abc’s employees and its shareholders for numerous reasons. Employees were treated unfair, Abc company can no longer be trusted as a good work ethic company, they have a bad reputation for discrimination and there might be a likelihood the company will go out of business due to its actions.
Discrimination at work is a touchy issue. Most people, if not all, have experienced some sort or form of it and they ignored it, quit, or got fired from their job. Women tend to be more emotional than men and when women are judged and discriminated they are offended by it immediately. Also, the fact of women getting a lower income than men for the same job is almost unbelievable. It is very important to be concerned on the issue because it is constantly increasing throughout the United States. It upsets me that women are paid less than men because women have the same ability and work ethic as men do, but they are looked at differently. According to AAUW, women are making 77 percent of what men make. This rate hasn’t changed since 2002 (Hill, 2013). Statistics show that women will never make as much as men due to the thought of never being comparable to men (Williams, 2013).
Stolberg, S. G. (2009). Obama Signs Equal-Pay Legislation . Retrieved February, 6, 2014, from http://www.nytimes.com/2009/01/30/us/politics/30ledbetter-web.html?_r=0
I am currently working on my college education in order to get a good job but I also work in a Newspaper factory. I work the same hours as most males and thankfully get paid the same as my male co-workers. The Lilly Ledbetter Fair Pay Act passed in 2009 gave females a chance to sue their workplace after they have started working if they were being discriminated against due to gender inequality. Why should males earn more if we are doing the same job? Gender does not influence work productivity or my ability to complete a task. This Act has allowed so many females in the workplace as well as myself to earn the same amount of pay as