Discrimination: Part 2 IP
Over the years, cases of employment discrimination have grown significantly. Instances of discrimination based on gender, religion, and sexual orientation have become a common practice. This essay seeks to identify a case of discrimination in the workplace based on sexual orientation, explore its facts and reveal the judgment that was passed by the legal system.
In the case of Mickens vs. General Electric, the plaintiff sued General Electric Appliance Company for harassment on the grounds of being transgender (“Mykel Mickens vs. General Electric Company,” 2016). Mykel Mickens, a transgender black male, worked for the company for two years before he was fired because of attendance issues (Butcher et al., 2017).
When
…show more content…
General Electric Company,” 2016). Besides, the Kentucky Civil Rights Act (KCRA) also prohibits employment discrimination based on the factors mentioned in Title VII (“Mykel Mickens vs. General Electric Company,” 2016). Therefore, any cases presented under Title VII are treated similarly as those under the Kentucky Civil Rights Act. Article 8 of the Federal Rule of Civil Procedure suggests that the plaintiffs ought to present sufficient, but not necessarily detailed, information to justify their claims (“Mykel Mickens vs. General Electric Company,” 2016). Therefore, regarding these Acts, Mickens presented enough evidence to prevent the dismissal of the claim for wrongful …show more content…
He revealed that he was harassed and even denied the right to use the washrooms that were close to him (McDevitt, 2017). In presenting his evidence, Mickens also notified the court of the penalties he received for extending his breaks since he had to use washrooms that were relatively far from General Electric premises (McDevitt, 2017).
Besides, Mickens revealed that General Electric was aware of the harassment he faced and they never reprimanded the perpetrators of such vile actions (“Mykel Mickens vs. General Electric Company,” 2016). He claimed that the amount of emotional and psychological stress he suffered due to the discrimination was insurmountable and that he was almost not in a position to provide his services effectively. The court, therefore, assesses these facts and found no reason to dismiss the
3. Procedural History: This matter comes before the court on motions of defendants for judgment notwithstanding the verdict, for new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for amended judgment. We have considered defendants' motions collectively and individually and conclude that neither a new trial, judgment notwithstanding the verdict, nor amended judgment is warranted. The evidence supports the jury's verdict.
Moran, John Jude. "Disability Discrimination." Employment Law: New Challenges in the Business Environment. Upper Saddle River, NJ: Prentice Hall, 2014. 413-14. Print.
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.
It supported the view in Tasmania that an appellate court should consider the Evidence afresh when reviewing a trial judge’s ruling. There was no dispute in this issue where both the parties in this case concurred to the approach taken. Therefore, it can be said that the reasoning of Underwood CJ in L v Tasmania and Basten JA (in dissent) in Zhang was accepted.
Raytheon Company v. Hernandez, 540 U.S. 44; No. 02749. Argued October 8, 2003Decided December 2, 2003 on Disparate Treatment. We can define, Disparate Impact happens "when people are treated differently, with respect to the terms and conditions of employment because of their race, color, sex, national origin, religion, age or mental or physical disability."
In class, we talked about how transgender people face many hardships today and are a highly discriminated group in America. In this article however, the author uses transgender men to prove a point. Prokos states that before the man transitioned, he was not treated as well in the work place when he identified as women. Discrimination can also be based on race, class, and cultural backgrounds of people rather than just discrimination based on
Hamilton made an eloquent appeal to the jury to judge both the law and the facts; as a result was acquitted. This finding of not
(1993) The 'Secondary' of the 'Secon Homosexual issues in the workplace. Washington, D.C.: Taylor & Francis, Inc. Johnson, D. K. & Johnson, D. K. a.
In 2005, a female secretary filed a compliment regarding her exclusion from a social gathering on the basis of her gender. The case eventuated from an issue that the manager had not encouraged the secretary to attend the Christmas party which was served by a topless waitress. As a result of the secretary having no knowledge of the party occurring while working that night, she had become distressed by what she believed was happening...
An appellate court determined this to be factual and allowed the judge’s ruling to stand.
Grant, Jaime M., Ph.D., Lisa A. Mottet, J.D., Justin Tanis, D.Min., Jack Harrison, Jody L. Herman, Ph.D., and Mara Keisling. Injustice at Every Turn: A Report of the National Transgender Discrimination Survey. Rep. National Center for Transgender Equality and National Gay and Lesbian Task Force, 2011. Web. 22 May 2014.
The Civil Rights Act of 1964, is specific to this case concerning Marwan’s conduct and is clearly stated under Title VII of the Civil Rights Act. This regulation protects employees against workplace discrimination on the basis of gender, race, creed, origin and religion and relates to all employers whether local, state or national. Organizations that employ fifteen or more employees has to stand by this regulation (Civil Rights Act, n.d.). According to this law, a commission called Equal Employment Opportunities Commission has been arranged, to protect individuals in contradiction of discrimination and enforce this as well as additional pertinent laws such as discrimination. Discrimination within the workplace has been in existence for a long time and was initiated by the U.S. Authorities once hearing several cases of harassment. The discrimination law protects applicants, employers and employees. The law states that no employer can take recruitment decision solely on the basis of the race, origin, gender, handicap of the applicant and is unable to take favor over anyon...
Introduction Winn-Dixie management does not morally justified in firing Oiler. Being a transgender is not a reason to fire Oliver. Discrimination is an act of distinguishing one object from another. This type of discrimination is consider as an isolated intentional discrimination. These type of discrimination is unlawful according to the title VII and also according to the utilitarian argument, right argument , justice argument, Rawl's argument , Kant argument and many more theories think that these type of discrimination is unethical.
The newly appointed district sales manager, Larry Barr, faces the problem of allocating sales quotas among his various sales representatives. This decision will affect everyone's earnings including his own. This problem is compounded by the fact that different territories have, for a variety of reasons, different potentials. In addition, the territory that is known to be the toughest will soon require a new sales rep.
Sexual harassment in the workplace has been a huge problem in recent history. It can happen to anyone, and it can happen everywhere. It can affect all types of races, genders and ages. Statistics today show that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consumed covering sexual harassment because of the high-profile cases.