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Exercise 3.1 - Zimpfer v. Palm Beach County
FORM 3.1.1
1. Does the evidence indicate that Mr. Zimpfer was a victim of age discrimination according to ADEA? Why or why not?
According to ADEA Mr. Zimpfer was a victim of age discrimination as Mr. Zimpfer was experienced for 16 years and his experience shows that despite being an ideal candidate for the position he was denied based on his age.
2. What (if any) further evidence should be ascertained before the county fully understands the legal implications of its actions?
If they could collect the evidence that Mr. Zimpfer is older than 39 years and protected under ADEA. Secondly that he possesses all the abilities based on his experience that makes him an ideal candidate for the position. He should
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Brad Merriman over Mr. Zimpfer. They should also produce strong evidence that Mr. Brad Merriman out performed Mr.Zimpfer in the interview despite being less experienced, has more knowledge, displayed, particular skills that are needed for this position, only then they can survive this lawsuit.
4. What policies should the county adopt to reduce the possibility of age discrimination suits in the future?
The county should exhibit and stress age neutral policy in all their recruitments. The HR people should be trained and explained to send the copy while emailing prospective employees or while promoting existing employees, which could potentially reduce these lawsuits in the future.
5. In the same year that Zimpfer was rejected, Palm Beach County filled only 4 percent of managerial positions with persons over 55 years of age and only 16 percent with persons over 39. Do these data indicate illegal discrimination using disparate impact theory? Should Zimpfer's lawyer use disparate impact theory for his claim of age
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Based on the information provided, are there any other potential Title VII lawsuits?
Other discriminations could be different age discrimination, national origin discrimination, disability discrimination and different pay discrimination.
Exercise 3.3 – A Case of Illegal Sexual Harassment?
FORM 3.3.1
1. Does the alleged sexual harassment constitute a violation of Title VII? Explain your answer. If you are not ready to take a definitive position, explain what information you require.
Yes, sexual harassment constitutes a violation of Title VII as the submission or rejection of unwelcome conduct by the supervisor could be used as a basis for the employment decision which can affect the individual career. Further it could also interfere with the work and create a hostile or offensive working environment for the individual which can be classified as discrimination due to power.
2. If this constitutes a violation, who is liable (Mr. McKenna, the city, both parties)? Explain your position and cite any pertinent case(s) to support your
The legal action was meant to set precedent about a public employer’s (or any employer) responsibility when it comes to the action of employees and claims of sexual harassment. For a human resources manager there are several implications. One is to make sure everybody has a copy of not just company policies on sexual harassment but all company policies and that each employee sign and agree that s/he has read and understands them. Another implication is that there should be regular training on how to prevent harassment. Perhaps even a liaison should be appointed for “delicate” matters such as sexual harassment.
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
The "2nd U.S. Circuit Court of Appeals" held that those business practices that have had a disparate impact effect on the older workers are now considered to be actionable under one national anti-discrimination law (Hamblett, 2004). The case does reaffirm a second Circuit precedent that had been set but which is at odds with what a majority of federal courts have held. The appeals court supported the idea that a layoff plan had been properly brought under the The Age Discrimination in Employment Act of 1967 (ADEA) although the company did not have the intention of discriminating.
The Poniatowska case was indeed a demonstration of not infrequent sexual harassment and discrimination at workplace in Australia. As the findings indicated, the appellant was forced to accept an inappropriately robust working environment and endure various unacceptable conducts as part of her job. In the court proceedings, the judges took reasonably adequate approach, taking into consideration of the broader issues surrounding sexual harassment and discrimination in reaching its decision in favour of the claimant. Great emphasis was put on the appropriateness of the measures taken by the employer to regulate the conduct of employees and address the complaints. The case provides guidance to the employers in that regard.
Any conduct an employee is subjected to that goes against their will and protected under the law thus qualifies to be harassment. For the case of Gregg V. Hay-Adams Hotel, Clark’s behavior qualifies to be harassment since they were unwelcome by Gregg. According to the allegations made by Gregg, Clark made suggestive remarks towards her, which she never appreciated. Secondly, Clark made physical contacts with Gregg, which the latter states were very unwelcome. The suggestive remarks Clark made towards Gregg affected her emotional stability in one way or the other. She found the working environment very unwelcoming. Additionally, when Clark made physical contacts with her, Gregg must have felt that the workplace was unsafe for her existence. We can categorize this form of harassment as a sexual harassment.
“92 percent of workers who have seen age discrimination happen in the workplace or have experienced it first-hand say that it is either very or somewhat common to see.” According to Gaille (2015).
In Chapter 11 of William Shaw’s The Organization and the People in It goes over issue of sexual harassment in the workplace and its effects. Sexual harassment is defined as the “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature”, most reports of sexual harassment are from women accusing men however men accusing women is becoming more prevalent in todays society (Shaw, p.444). Sexual harassment is a moral issues because a person becomes a victim by means of verbal comments, gestures, or physical contact of a sexual nature and not being able to refuse them without fear that something worse will happen.
Age discrimination affects the old and the young. It causes people to think they can just walk all over the person being discriminated ...
Age Discrimination in Employment Act (ADEA) of 1967, as amended, protects workers age forty and over in hiring, promotion, and termination decisions. This project is going to analyze the ADEA and its amendment in terms of effectiveness, ineffectiveness, and influence which will be demonstrated by employment cases, research data. The project shows that the ADEA is not as effective as it suppose to be and its purpose of prohibiting age discrimination has not been implemented efficiently in workforce. The ADEA somewhat has enabled Americans work longer, however, it might not be the best
...ith them by touching her breasts and other body parts and secondly he even threatened them to go on a date else he would get them fired. Both these instances come under the ambit of this law of sexual harassment. The civil rights law forbids the employer to discriminate on the basis of sex (Title VII Statute, n.d.).
Stossel and Mastropolo’s thesis did not come until at the middle of the article when they talked about how Murray Schwartz is convinced “that older people can do the job just as well as younger people and believes that employment age discrimination laws are a crucial protection for older workers” (paragraph 11). With this issue, there are two sides of argument in this article: one is from the corporate as to why it is a necessity to fire people when they come of age, and the second one is from the workers being affected at this age discrimination. There are several people applying for jobs these days and a company attempts to fill that job with the best qualified person. If a per...
Sexual harassment is an important issue in every business; if left unattended it could cost companies millions in damages. In 1980 the Supreme Court ruled that sexual harassment was a violation of the Civil Rights Act of 1964. From 1978 to 1980, sexual harassment cases brought against companies cost them $189 million. This number rose to $267 million from 1985-1987. Damages are just measured only by numbers. Sexual harassment can cause harm to a company's image, reputation, customers, as well as their revenue.
Disparate treatment is a form of discrimination that is prohibited by laws in which all employers must comply, including fire and emergency services. Disparate treatment in the workplace is applicable to many functions of the workplace, including, discipline, promotions, hiring, firing, benefits, layoffs, and testing (Varone, 2012). The claim of disparate treatment arises when a person or group “is treated differently because of a prohibited classification” (Varone, 2012, p. 439). In the 2010 case, Lewis v. City of Chicago, six plaintiffs accused the city of disparate treatment following testing for open positions within the Chicago Fire Department (Lewis v. City of Chicago, 2010). The case is based on the argument that the Chicago Fire Department firefighter candidate testing, which was conducted in 1995, followed an unfair process of grouping eligible candidates, therefore discriminating against candidates of African-American descent.
Anna’s claim comes under the broad rubric of the unlawful employment practice of sexual harassment which has become known as “hostile work environment” developed under Title VII of the Civil Rights Act of 1964:
Age discrimination continues to be a problem for both men and women that are over the age of 40 in the workforce. In year 1967, the federal Age Discrimination in Employment Act ADEA was passed to prohibit discrimination against workers over age 40 and older. Another law in the year 1964, Title VII of the Civil Rights Act of 1964 that prohibits employment discrimination on the basis of sex, race, color, religion, or national origin. However there are still age discrimination and it seems to be more especially for older women more than older men. The Federal and the state should implement more regulations to protect workers' rights in all age groups, both in the younger and older generation including their race and gender.