individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e. family medical history). Anna did not stated that her genetics were involved for not advancement; therefore, she is not going to be protected under this class. The next class that is going to be protected is harassment. The EEOC is going to state harassment as any unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Anna could possibly be protected under this class if the harassment came form the boss. Since the harassment came from others in the …show more content…
The EEOC states national origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). Anna was not advanced because of her origin; therefore she would not be protected under this class. The next class that is going to be protected is pregnancy. The EEOC states pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Anna was not pregnant at the time; therefore, she would not be protected under this class. The next class that is going to be protected is Race and color discrimination. The EEOC states race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Anna did not mention any race or color discrimination; therefore, would not be protected under this
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
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.
...iscrimination will not occur. It is also important to post some of the Title VII laws, so that employees will understand what to do in case they feel they have been discriminated against.
Abigail Fisher applied for admission to the University of Texas in 2008 and was denied. She was unqualified for the university’s top ten percent plan (Ten percent plan definition: guaranteed admission for any student in the top ten percent of their high school class (has to be in state of Texas)). For those who do not meet the requirements of the ten percent plan their applications are determined by several factors such as race. Fisher proceeded to sue the University, and claimed that utilizing race as a factor for the application process violated the Equal Protection Clause of the Fourteenth Amendment. She claimed that the University discriminated her for being white, but the district court claimed the admissions process constitutional. Then
The suit veronica filed against Wind Power Company meets all the requirements that she must show to succeed on her claim. She has a disability with being hearing impaired, she is otherwise qualified for the job, and she was denied the job in question because she is hearing impaired. In this case Wind Power Company made the mistake of telling Veronica that she was otherwise qualified for this job but it "needs someone who does not have a hearing problem." This is like plucking a line right out of the Americans with Disabilities Act of 1990. Since Veronica was qualified for this position, Wind Power Company could have attempted to make reasonable accommodations for her in this position with updated technology, different job assignments, and looking at how they could work around certain communication
In 2008 Abigail Fisher was denied admission to the University of Texas her argument was that her right to equal protection was violated because the university is using race for their admissions and she is white. Fisher challenged the university’s consideration of race in the undergraduate admissions process. Before Abigail Fisher there was another case that was presented in 1996 similar to that of Fishers the Hopwood v. Texas that also argued race-conscious admissions because of the unfair advantage that minorities were given the unfair advantage. After this case was made the Texas Legislature passed a law agreeing that the top 10 percent of their high school
LG stated that her family stays well educated regarding their health and family history and if they have any questions about the genetic problems in the family, they will typically research the internet and follow up with their general practitioner. LG, her siblings, and their mother are in good health and are not dealing with major medical matters at this time. Interventions for this family should be tailored to help them keep up on current information about heart disease, diabetes, and cancer, which are the main medical issues in their family medical history, and having a plan that ensures they continue getting regular health checkups. In conclusion, it is important for nurses to have proper training and information in the area of genetics and genomics so that it can be used in daily clinical practice (Thompson & Brooks, 2011). Using this information with clients and conducting a detailed genetic nursing assessment is a valuable component of being an effective health care provider and can help clients recognize, prevent, and/or treat diseases that are unique to their particular family.
Many cases are being brought to the Supreme Court because many companies and employers are not cooperating with the Pregnancy Discrimination Act. Just recently a young women working with UPS was forced into unpaid time off because she was pregnant and was told by her doctor she could not lift more than 20 pounds. She felt that she had been unfairly treated because UPS made accommodations for other workers with disabilities but didn’t offer to make accommodations for her. I think that even though the Pregnancy Discrimination Act is there, many companies and employers are not following it. It is not fair for women who become pregnant to be treated any differently than another worker who has a temporary disability. I think that congress should strengthen this act so that women are not forced to choose between their job and the health of their pregnancy and baby. I think that companies and employers who are not following the rules of this act should be punished in some way. One way could be that if they are not obeying this act, they could be fined. It would make them more likely to follow through and follow the Pregnancy Discrimination Act. With more and more women in the work force, it is obvious at some point a majority of these women will be
Discrimination: Discrimination indicates an unjust, unfair or an unreasonable bias in favor of one and against another on the basis of a protected characteristic, such as race, age, gender, caste or disability. EEOC Recognizes thirteen forms of discrimination. Age, Disability, Equal Pay/Compensation, Genetic information, Harassment, National Origin, Pregnancy, Race/Color, Religion, Retaliation, Harassment, Sexual Harassment and more.
Discrimination in employment has been an issue that has plagued our society throughout history. At the turn of this century it was acceptable to advertise job openings and specifically state that people of a certain race, color, religion, gender, or national origin "need not apply". A lot has changed over the last 100 years. The proverbial "pendulum" has swung in the direction of federal protection of certain people, but the problem now is that it has swung too far.
There are many types of genetic tests that are administered to the adult population. The more commonly used genetic tests are paternity tests, genealogical tests, and forensic testing. They are quite self-explanatory; paternity tests are to determine relatedness of 2 subjects, genealogical tests are used to formulate a heritage or ancestry, and forensic testing is used to identify or rule out a person that has been charged with a crime. Other genetic tests include presymptomatic testing, used to determine the risk someone has to developing a genetic disorder, diagnostic screening, used to rule out or identify a suspected condition, and carrier screening, used to determine if an individual carries one copy of a gene mutati...
Rather, it was added to the law by the opposition in an attempt to prevent the law from gaining the necessary vote to be instated. The little discussion concerning the matter of gender discrimination left courts with very little information to assist them in interpreting the law. (BL 348) Today courts generally “have determined that gender discrimination also includes discrimination due to pregnancy and sexual harassment, but not because of affinity orientation or being transgender.” (pg.348) Given with the passing of time, it is also natural for individuals to imagine just how prevalent gender discrimination is in our society but as stated by EEOC’s chairman in 2009, “sex discrimination against males and females alike continues to be a problem in the 21st century.”(pg. 338 – EEOC press release.) Gender itself plays a prominent role in our lives in the form of stereotypes, customs and ideas which are often discriminatory in nature, whether intentional or not. Of the two genders, women continue to be the most affected by gender discrimination and even as the number of woman in high positions continues to grow, they are still a proportionately large number of filled claims. (pg.338-339). According to a report released by the EEOC in 2010, “gender suits account for the second highest percentage of substantive claims brought under Title VII, behind race.” (#9, EEOC
...though discrimination policies have come a long way, but it still happens today. A lot of employers have strict no tolerance policies to prevent those types of law suits. Also if discrimination does occur, the employee has one hundred and eighty days to file a complaint with the Equal Employment Opportunity Commission. If the employee does file a complaint through their employer first this does not affect the EEOC timing requirement (Bennett-Alexander & Hartman, 2012).
Introduction- Discrimination affects people all over the world. People of all ethnicities and from all different walks of life are influenced in some way by workplace discrimination. "Discrimination" means unequal treatment. One of the most common elements discriminated against is a persons ethnicity, or their race. This is called Racial Discrimination. While there are many federal laws concerning discrimination, most states have enacted laws that prohibit it. These laws may have different remedies than the federal laws and may, in certain circumstances be more favorable than the federal laws.
Since the time women were eligible to be an employee of a workplace, they have become victims of discrimination. Discrimination is the practice of treating a person or group of people differently from other people (Webster, 2013). Thousands of women have suffered from discrimination in workplaces because they are pregnant, disabled, or of the opposite sex. It is crazy to think that someone would fire a woman because she became pregnant and needed to have some work adjustments ("pregnancy and parenting"). A woman goes through a lot of giving birth to children, and men will never understand the complications a mother encounters during the pregnancy.