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Employment Lawlaw

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Submitted By rc51698
Words 278
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Rob Cohen
Employment Law

Weekly Case Dissection #4
- Jurisdiction o Court / State District court
- Parties o Plaintiff / Petitioner / Appellant EEOC o Defendant / Respondent / Appellee Dial Corp.
- Legal Issue o What is the question that the court is answering?
The use of a pre-employment strength test had an unlawful disparate impact on female applicants. o Almost always phrased in the form of a question o May be more than 1 issue in a case
- What is the disagreement?
The WTC test was screening out more woman than men. The test had a discriminatory effect. o What are the parties fighting about? The important details of the case go in this section
- What law / case is controlling? o Is there a statute or case or policy that the Court applies to decide who wins?
- What is the holding? o What is the Court’s ultimate decision? o Why did the Court rule in this fashion? o What happened to the case after the court’s decision?

- Jurisdiction o Illinois Supreme Court // State
- Parties o Plaintiff - Mark Turner o Defendant – Memorial Medical Center
- Legal Issue o Can you fire an employee for raising a public policy issue?
- What is the disagreement o Hospital fired Turner for raising issues over the hospital’s failure to chart properly. Claims he was wrongfully discharged. Hospital says he is an at will employee.
- What law / case is controlling? o Medical Patients Right Act (public policy) o State at-will employee law (the case itself was not listed)
- What is the holding? o No exception for this action under public policy; its ok for the hospital to fire this guy.

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