You have asked me to research, analyze, and prepare a memorandum predicting whether Rose can establish a prima facie case of retaliation against Pickering. As you instructed, I have limited my research to federal law and have not addressed other aspects of a Title VII claim including exhausting administrative remedies, quid pro quo relationships, and sexually hostile working
1. As the person, responsible for labor relations at Barrera Recycling Company, articulate a case to support your contention that there was just cause for the discharge of Erin McNamara.
III. Issue. The issue is whether the district court erred in granting summary judgment in favor of the employer appellee on the employee appellant’s sexual harassment claim, and whether the court was right in excluding evidence regarding the sexual
McKenna violated the Title VII of the Civil Rights Act and was completely liable for his actions. Similar cases such as Burlington Industries, Inc. v. Ellerth & Faragher v. City of Boca Raton(1998) – Employer is always liable when a hostile environment is created by a supervisor that results in tangible employment action (e.g., termination). It is a also evident from the case of Harris vs. Forklift (1993)- psychological damage not necessary for illegal “hostile or abusive environment” that a “reasonable person” would find hostile or abusive support that Mr. Mckenna is liable.
In colonial America, the court structure was quite different from that of their mother country, Great Britain. The system was a triangle of overlapping courts and common law. Common law was largely influenced by the moral code from the King James Version of the Bible, also known as moral law. In effect, these early American societies were theocratic and autocratic containing religious leaders, as well as magistrates. Sometimes these men were even one and the same. The criminal acts in colonial America were actually very similar to the crime prevalent in our society today. However, certain infractions were taken more seriously. Through the documents provided, we get a look at different crimes and their subsequent punishments in colonial
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of prostition, and prohibits communicating in public for the purposes of prostitution,” (Canada v. Bedford, 2013, 6-3). The women claimed that these restrictions did not, in fact, prevent but implement more danger for anyone in the field of work. The women claimed that these restrictions went against their rights protected under s. 2(b) of the Charter as it disabled them from their right to freedom of expression (Canada v. Bedford, 2013, 6). As the provisions were set to prevent “public nuuisance” and “exploitation of prositutes,” they in fact go against the rights in s. 7 of the Charter. Thus, being under declaration of invalidity. This in fact brings upon question on whether it is the right decision to allow prostitution without any regulation in order to impose that the the Charter is not being violated, or whether to suspend the declaration until a proper method has been developed (while infringing the rights of those in the field of work). Ultimately, all of the laws were struck down by the decision of the Supreme Court of Canada.
Plaintiff Debra Denise Gregg filed a sexual harassment suit for violations of Title VII, and the District of Columbia Human Rights Act against Hay-Adams Hotel. She sought $1,000,000 in compensatory damages and $1,000,000 for damages resulting from emotional distress and $1,000,000 in punitive damages. Plaintiff Anthony Gregg brought the claim for damages resulting from loss of companionship and consortium in the amount of $1,000,000. The judges dismissed the case on the grounds that the plaintiff’s accounts lacked consortium and that the facts did not support her claims for emotional distress and punitive damage.
b) If Ahmad were terminated for refusing to shave his beard, he could bring the potential claim of religious discrimination against Mamma Jo’s Pizza under Title VII. In order for Ahmad to claim religious discrimination, he needs to show three things in order to establish and prove a prima facie case for disparate treatment. First, he must show that he holds a sincere religious belief that conflicts with a Mamma Jo’s employment requirement. Next, he has to inform Mamma Jo’s about the conflict. Finally, he needs to prove that he was discharged or disciplined for failing to comply with the conflicting no beard employment requirement.
In 250 words or less, analyze whether CKK can establish an affirmative defense to the alleged harassment.
1.) Parental discrimination was grounds for the complaint because Professional Neurological Services did not seem to have a problem with Dana Lockwood until she disclosed that she was a parent. Also, Lockwood also made it clear that being a parent would not hinder her ability to meet the organization’s required working requirement of 70 hours per week. Lockwood had to reschedule her meeting to care for her child who had pinkeye, which should be considered a justifiable excuse to reschedule a meeting (PNS fired her instead).
Petrocelli, William, and Barbara Kate Repa. Sexual Harassment on the job. Berkeley: Nolo Press, 1994
The entire coverage of the training program shall be to create awareness of the EEOC and Title VII non-discrimination laws in hiring, evaluating performance and terminating employees. The end-goal is to minimize the incidence of lawsuits across the entire value chain of the company in the United States and territories.
...Lawrence Solotoff, Henry S. Kramer. "Sexual Discrimination and Sexual Harassment in the Workplace". Law Journal Press, 2015
The main purpose of this memo is to introduce the company’s sexual harassment policy. This memo will define sexual harassment,
Each year many people first become aware of sexual harassment when they are harassed in the workplace. Today in the United States there still seems to be a need for general information about sexual harassment. Many people are unaware of exactly what sexual harassment is, how it affects its victims, where it happens, and what to do if it happens to them. There are many laws that protect people from sexual harassment and provide them with information about what to do if you should ever be in this situation (Wyatt, 2000).