Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Effects of discriminatory practices
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Effects of discriminatory practices
If I was the judge in this case I would have to say that I would be in favor of the plaintiff. When looking at the case, the employers should be concerned when it comes to avoiding discrimination in every employment decisions. In this case the plaintiff is an attorney that is a female and Gallina is an associate in the law firm. The situation in this case is when her employer found out that she was having a baby. This issue was raised only after the news got back to the employer and not when she began working for the company. As soon as her employer found out about her having a baby, they began to treat her differently in a bad way. This included harsh tones and language. The law states that when one has filed a complaint, the employer should exercise care in the decision related to the employee who has filed the charges or even filed a case against discrimination.
In addition, employers should exercise care and even caution when it comes to their language that is used when dealing with their junior employees. This is when she received a performance review that was negative. The plaintiff felt that there was discrimination against women that have kids and this lead her to raise concern with others in the the firm. This lead to her including other people such as
…show more content…
This reminder would include providing regular sessions for the managerial employees when it comes to three topics. My first topic would be on harassment, and discrimination, and lastly retaliation. I do believe that Gallina was a victim of all three issues listed. Next, I would include that the firm needs to include provisions that are annual when it comes to the policies and procedures. There should be refresher courses on conduct that can be seen as a federal law violation. This in turn will aid in preventing claims. As a judge, I would create a provision in law which tries to avoid damages that includes a three step action
I agree with the ruling because everyone should know that they can report sexual harassment and should report it without fear. The ruling found that employers could be held responsible for the actions of their employees who sexually harassed other employees based on Title VII of the Civil Rights Act of 1964. This case insured that employers will hold training sessions on sexual harassment and not just look the other way or laugh off the actions of a particularly aggressive employee who insists on harassing other employees. The ruling provides remedies if employers do not take it seriously. Unfortunately, it has probably become a “boy who cried wolf” accusation, but probably better to be over cautious than under cautious.
...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
What uncompensated work did the plaintiff claim she performed? What should the district court have done with the statement of another employee that the plaintiff did not engage in work prior to her official start time?
...that was the first thing that caught my interest, later when reading the case and discovering that two lower cases had both ruled against the plaintiff, that is when I decided to go further in the case. I wanted to know why it was that the lower courts had ruled against her anf not for her. The decision the court made was fair, I agree with the court. It was the fairest ruling the court could have made towards Suders considering that in reality she had lost the lower court ruling because of the fact she didn't really have sufficient evidence that indeed her supervisors had been harassing her. Therefore, I think the outcome of this particular case was fair and I would have to agree with the decision the United States Supreme Court made towards Suders.
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
My Response. I think the court made the right decision by granting the defendants’ motion for summary judgement as to the plaintiff’s sexual harassment claim, since her gender was not a contributing factor in this case. However, regarding the law in this case, I find it strange that just because Lynch treated both men and women equally badly, this would nullify Smith’s claim for hostile work environment sexual harassment, when such harassment clearly took place. Why does the harassment have to be towards one sex only for there to be a valid legal case? Should it not be enough that she was subjected to unwelcome sexual harassment?
The names and sex of all of the Junior Executive Secretaries that were terminated are important to this case. A wrongful termination, Title VII claim was brought against Greene’s. Title VII of the Civil Rights Act of 1964 states, individuals are protected against discrimination on bases of sex, religion, race, color, and national origin. Knowing all of the terminated Junior Executive Secretaries sex, can determine whether there was a male employee terminated as well. A male working within that title would suggest Greene’s did not terminate Ms. Lawson due to her
The court case Cleveland Board of Education V. LaFleur challenged the maternity policy regarding teachers having to go on unpaid leave involuntarily for 4-5 months due to their pregnancy. Jo Carol LaFleur and Ana Elizabeth Nelson whom were both teachers working under the Cleveland Board of Education when these issues occurred that lead to their decision of filing a suit against the board. They mainly hoped to be able to still continue their teaching well after the 5 month mark that the policy required them to leave. Failure to comply with these rules would have lead to their dismissal of their position or re-employment is not guaranteed. The Supreme Court ruled that the Cleveland Board of Education policy violated and went against the due process clause of the fourteenth amendment. This case was very significant in which it preserved the rights of teachers, especially women.
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
All of these lawsuits started after Betty Dukes, a 54 year old employee of a Walmart who has worked there for six years realized that she wasn’t getting the same opportunities as advancement as her male co-workers (Toobin). A statistic from an article from the New Yorker states that 72% of the workforces are women and a third of them are in management positions( Toobin). After 11 years in court the case was ruled in favor of Walmart because although there were over a million plantiffs it and was decided that they were not discriminated in the same way. Even though this she lossed the case Betty Dukes still continues her fi...
The majority group, whose ruling settled matters, included Breyer, Roberts, Ginsburg, Sotomayor, Kagan, and Alito. The minority dissenting group included Scalia, Kennedy, and Thomas. The majority held that Peggy Young was right, and gave a sufficient explanation of her claim of pregnancy discrimination. The court overturned the District Court and the Court of Appeal Fourth Circuit, indicating that both erred in their decisions. Justice Breyer read out the opinion held by the court that Title VII of the Pregnancy Discrimination Act is clear on the prohibition of sex discrimination, which applies to pregnancy-based discrimination. The law states that: “employers must treat women affected by pregnancy... the same for all employment-related purposes… as other persons not so affected but similar in their ability or inability to work” (Legal Information
Schipani, C. (2013). Class Action Litigation After Dukes: In Search of a Remedy for Gender Discrimination in Employment. University of Michigan Journal of Law Reform, 46(4), 1249-1277.
Pregnancy discrimination in the work place is alive and well in the 21st Century. There has been an increase in the need for laws protecting the rights of pregnant women. Due to disparate treatment of pregnant women, laws have been established to protect their employment rights. Although laws are in place to prevent such discrimination, it has not eliminated the problem of employers discriminating against pregnant women.
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.
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.