...SEX DISCRIMINATION IN EMPLOYMENT Fifth Edition Maryland Commission for Women 311 W. Saratoga St. Ste 272 Baltimore, MD 21201 410-767-3049 The Women’s Law Center, Inc. Copyright: 1982, 1986, 1995, 2001, 2008 The Women’s Law Center, Inc. Sex Discrimination in Employment Fifth Edition Revisions Provided By: Jill Wrigley, Women’s Law Center of Maryland With Editorial Assistance From: L. Tracy Brown, Women’s Law Center of Maryland Laurence Ruth, Women’s Law Center of Maryland Jessica Morgan, Women’s Law Center of Maryland Funding for production and distribution of the fifth edition was provided by Open Society Institute, Baltimore Community Foundation, The Marjorie Cook Family Foundation and Brown, Goldstein & Levy, LLP. Fourth Edition Revisions Provided By: Kevin O’Connor of Ober, Kaler Grimes & Shriver Melvina C. Ford, Women’s Law Center of Maryland With Editorial Assistance From: Denise Davis, Women’s Law Center of Maryland Funding for production and distribution of the fourth edition was provided by the Maryland Legal Assistance Network and Maryland Legal Services Corporation. Third Edition Written By: Rieyn Delony Sally L. Swann Louise Dean Williams With Editorial Assistance From: Robyn Mazur Kathleen Fantom Shemer Funding for production and distribution of the third edition was provided by the Baltimore Bar Foundation and the Marjorie Cook Foundation. Second Edition Written By: Kathleen Fantom Shemer With Editorial Assistance From: Jane Murphy Carol Polowy Emily Rody...
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...administrator for the New Public School District No. Eight (the District). She brought suit against the District alleging gender discrimination for (1) unequal pay, and (2) the non-renewal of her contract. The district court granted summary judgment to the District based upon res judicata and a lack of evidence supporting her claim. We reverse the district court's judgment and remand the case for further proceedings. I. Background 2 Simmons worked as an administrator for the District from 1991 to 1996. On April 20, 1996, after a lengthy hearing, the District voted not to renew her contract for the next school year. Simmons sued the District in state court alleging various claims, including violations of her North Dakota statutory rights as an educator. The state trial court rejected her claims. On appeal, the North Dakota State Supreme Court reversed. See Simmons v. New Public School Dist. No. Eight, 574 N.W.2d 561 (N.D. 1998). On remand, the parties stipulated to an agreement to settle the claims. The settlement, however, specifically gave Simmons the right to pursue the claims listed in the EEOC complaint she had filed against the District. 3 Simmons eventually received a "right to sue" letter from the EEOC, and filed this action in federal district court. She initially alleged1 that her contract was not renewed because of gender discrimination. Before the district court, she...
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...Discrimination against women First and for most let’s look into the meaning of the word discrimination. “Discrimination is define as a positive or negative attitude toward an individual based on his/her religious, race or other groups”(Webster new Word Dictionary). Despite numerous laws implemented to help stop discrimination in society, discrimination still exists among society today. People will denied this allegation, however if discrimination did not exists, why are there laws set in place to prevent it from happening? The problem with discrimination is that it is not just limited to races or ethnic groups; it also exists among gender preference, and economic equality. People are constantly generating questions around the topic of discrimination, but the truth of the matter is that discrimination will never be abolished, it is here to stay. The reason being is that discrimination is based on the opinion, and beliefs of each individual. Everyone has created in their own mind what they belief should be the accepted norm, therefore anything outside of that becomes a target for discrimination. The discrimination topic I choose today is women discrimination. Discrimination can begin at any stage of a women life. It has been noted that in some countries like China, people use diagnostic ultrasound to find the sex of the baby. If they are pregnant with a girl they will terminate the pregnancy or give her up for adoption at the time of birth. Some countries believe that...
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...In the world of business there are many types of discrimination. Equal pay/compensation, retaliation, and sex in many instances fall together when an individual files a discrimination case. It is important for the individual to identifying the laws and the verbiage of the law before filing a discrimination case. Equal pay/compensation states that women and men alike are to be paid equally. Pay and compensation is not based on “job titles”, but, on the equivalence of the jobs; “jobs need not be identical” (eeoc.gov, para. 1). The law that puts equal pay/compensation into action is “The Equal Pay Act of 1962 (EPA)” which generally states that no matter if you are male or female if you perform the same duties then you are justified the same pay. The law also states that an employee is due the wages earned for the time that they worked. In California, the case of Gonzalez v. Downtown LA Motors, LP, the California Court of Appeal, Second Appellate District, Case No. B235292 found that the technicians were due pay regardless of the activity being performed while on the working clock. This case stated that the technicians were being unfairly paid and that they were due earnings regardless of the task they were performing. The case stated that the technicians were “entitled to separate hourly compensations for time spent waiting for repair work or other non-repair task directed by the employer during their work shifts” (Gonzalez v. Downtown LA Motors, LP, 2013). The case of...
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...the beginning, Ledbetter’s salary stayed similar with the men whom performed similar work. Throughout time, her pay was less than the males pay whom held equal or lower seniority area manager positions. During 1997, Ledbetter’s salary was approximately fifteen percent lower than the lowest paid male Area Manager and about forty percent lower than the highest paid male Area Manager. Ledbetter was subjected to end of year evaluations of their performance performed by their supervisors’. The supervisor evaluated the salaried employee’s performance, ranked the performance against that of other salaried employees, and then recommended a salary increase within a range established by Goodyear guidelines. Having a good, evaluation resulted in a pay increase. Ledbetter was ranked between 1992 and 1997 near the bottom of the other Area Managers. She was awarded either a modest raise or no raise each year. In November 1998, Ledbetter filed a Questionnaire under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. A formal charge of discrimination claiming, “She had received a discriminatory low salary as an Area Manager because of her sex.” Issue: Can a plaintiff bring an action under Title VII of the Civil Rights Act of 1964 claiming illegal pay discrimination outside of the 180-day statutory limitation period when the disparate pay was received within the limitation period. Rule: Title VII of the Civil Rights Act of 1964 states it is unlawful...
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...The Compliance Issue that led to the lawsuit and its ramifications for the organization. The issue was that a parts department manager of the Shack-Findlay Automotive, LLC made racial offensive remarks and jokes on almost a daily basis to African American employees. The parts department enacted harsher rules on the African American personnel than employees who were not African American. Two African American workers were ultimately terminated. One employee was terminated after informing another employee that he was going to bring up a charge of discrimination towards Shack-Findlay. The EEOC protects employees from discrimination based on race and also protects them from being fired if they file a charge of discrimination or complains about discrimination (EEOC n.d.). Shack-Findlay will have to pay $150,000 to two African American workers for exposing the employees to discrimination, harassment and retribution. Aside from having to pay the two victims Shack-Findlay also entered into a consent decree with Equal Employment Opportunity Commission. In the consent decree the company is required to hire and...
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...of more extensive discrimination suits that have been filed in the work force has really helped to understand that importance of compliance of the laws that are set in front of you as a manager, supervisor and/or a business owner. With a lot of people turning a blind eye to some of the smallest delegations when it comes to discrimination, that could be their biggest down fall as a business owner, as the smallest mistakes can turn out to be the most costly mistakes. You are going to learn more insight on race discrimination as this has really opened my eyes, with my past work experiences and to know what to expect in the future, also what to look for while in the job force. There is many different verification to the law of racial discrimination whether it is on an employee of employer level. It ranges from a fine, all the way to time punishable in prison. In most cases that I have researched it has been against an employee to an employer, and it has been settle in a monetary settlement. Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Some remedies that come into play with Title VII include such provisions as, back pay, front pay, hiring, promotion...
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...Final Draft Gender Discrimination DeVry University Gender Discrimination against Men The one question I will ask is: Why is discrimination against men left unseen or barely heard? Gender discrimination in the United States has not changed. Gender Discrimination has been a big issue for years, and it does not only affect women. This is an ongoing issue that affects the world. Gender discrimination is mostly paid attention to when a woman is being discriminated against. Though I am a woman, I care very deeply about Gender discrimination against men. The intended audience is people in the professional field of education. This includes but is not limited to professors and university administrators. My secondary audience will be intended for other men who feel they were discriminated against. The article I chose is about Gender discrimination against men. In the articles I read, I found a lot of interesting information: Christopher Niebauer was a psychology professor at Slippery Rock University in Pittsburgh, Pa in 2000. He filed a complaint against the Psychology department claiming that he had been discriminated against, because he was a male. The article also highlighted the problems that were going on in the campus offices. It also stated he was being bullied at work and basically was pushed to the side. He filed the proper complaints, and it was all ignored even down to him filing a lawsuit. (Lord, 2014) The psychology professor claimed that he filed the complaint with...
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...deemed as important legislation for Mr. Stonefield, the proprietor to be aware of as he starts his new business. The laws that are discussed are not all inclusive, but what the team as decided is an important start. In addition, we will also list some of the consequences for violations of the labor laws. Some of the most important labor laws for any business of any kind to ensure compliance with is any of the anti-discrimination laws. The Age Discrimination in Employment Act of 1967 (ADEA) was enacted for the protection from employment discrimination of individuals who are 40 years old plus. This protection is for employees as well as job applicants. This act makes it is unlawful to discriminate against an individual due to their age. The ADEA is applicable to employers with 20 plus employees. Some possible legal ramifications for violating this act is that the employer may be forced to provide back pay, benefits and other forms of compensation that was lost as a result of discrimination. The employer may be required to reinstate or promote the employee, or pay front pay if such a move is judged to be impractical. In addition, Texas state laws allows for compensatory damages. Those damages may not exceed $50,000 for each complainant of an employer that has less than 101 employees. The Civil Rights Act of 1964 was enacted...
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...What is this kind of agency known as? • Implied agency • Express agency • Agency by ratification • Agency by contract Click here to download Complete Answers of LAW 531 Week 4 Knowledge Check 3. Beta Corp. and Woodrow LLC. have formed an agency. Both parties have agreed to the terms on which the agency will operate, and they have signed a contract. According to the terms of the contract, Woodrow, the agent, is authorized to act on behalf of Beta. Identify the type of agency illustrated in the scenario. • Agency by ratification • Express agency • Implied agency • Apparent agency 4. What is true about disparate-treatment discrimination? • It involves discrimination against an entire protected class. • It involves discrimination against an individual belonging to a protected class. It refers to discrimination...
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...DISCRIMINATION IN THE WORKPLACE Discrimination in the workplace has been present throughout history and has branched into various forms in the past and existing time periods. Individuals suffer losses and are jobless because of discrimination. Discrimination happens when an employee is treated unfavorably because of their race, skin color, gender, disability, religion, or age. There are four discrimination types that can be identified, they are disparate treatment, disparate impact, pattern or practice, and retaliation. Disparate treatment discrimination exists when individuals in similar situations are treated differently and when the differential treatment is based on the individual’s race, color, religion, sex, national origin, age, or disability status (Giffin, 2008). An employee with the same skills of other employees may not get to benefit like others because the victim may have a different religion, is an example of disparate treatment discrimination. If this employee tries to file a charge, they must prove that there was a discriminatory motive. Some companies can treat a member differently when bona fide occupational qualification exists for performing a particular job. Disparate impact discrimination is when an employment practice is neural and non-discriminatory in its intention but, disproportionately affects individuals having a disability or belonging to a particular group. An example of this discrimination is if the job requires a person to be strong...
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...Discrimination In the Workplace i Sex and Gender Discrimination in the Workplace Discrimination in the Workplace 1 Sex and Gender Discrimination in the Workplace In the early nineteen hundreds women did not have rights and experienced sex discrimination. They were not allowed to be educated, vote, or work outside the home except as maids or nannies. It has been an uphill battle to attain these basic human rights. Today women can go to school, vote and are active in the workforce more than they have ever been. Women are entering all arenas of the workforce to be construction workers, entrepreneurs, and even heading large companies. Even so, they are secondary to their male counterparts just because they are female. Women are facing sex discrimination. Sex and/or gender discrimination involves treating people unfairly strictly because the individual(s) are man or woman. Sexual discrimination should not be confused with sexual harassment, although it is a form of sexual discrimination. Sexual harassment refers to the unwanted sexual advances or innuendoes from an employer. Unfortunately, men and women face sex discrimination (workplacefairness.org). Some examples of sex discrimination include but are not limited to the following: Hiring • You apply for a job and have experience and qualifications, but they do not hire you because the clients are used...
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...Carter Cleaning Centre Case Study 1.This is not true for some reasons. Irrespective of who is hired, once the process violates equal employment law, Jack can be accused of discrimination. Jack was wrong in not orientating his mangers on Equal Employment Opportunity, what to do or not to do to employees and new hires .In the case study; female applicants were asked questions about childcare whereas male applicants were excluded. Applicants from minority populations were also asked questions about credit and arrest records while non-minority applicants were not asked. Other discriminatory issues in the company include lower payment for older employee with more experience compared to what is being paid younger employees for the same amount of job as well as reports of sexual advances towards women by a store manager. Discrimination was made towards a 73 year old worker who had worked with the company for more than 50 years but collects less pay than employee doing same job and of lesser age. Such action is unlawful under the Equal Pay Right of 1963. Discrimination exists in the company with respect to hiring and employee management. They discriminate against colour, sex, age and payment. With respect to colour, 3 white males and 3 white females were appointed as store managers. For sex, the interview process was sex biased by asking some questions from female applicants and not asking the male counterpart...
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...Price Specific Purpose: To persuade my audience that by shopping at wal-mart you are contributing to the discrimination against women, racial minorities, and the job loss of the American people. Central Idea: By shopping at wal-mart you are encouraging the continuance of gender discrimination, racial discrimination, unsupportive pay scale, and the outsourcing of American jobs by the closing of small businesses. Introduction I. Wal-Mart leads you to believe that they are an equal opportunity employer, while white men fill the majority of management positions. II. Wal-Mart states that they are one of the top paying employers with full-time benefits, yet the majority of their employees are keep under part-time positions. III. Many small businesses are forced out of business due to false price-cutting by Wal-Mart. (Transition: Wal-Mart can hurt the people it comes in contact with in many ways, including its own employees, starting with the women.) Body I. Wal-Mart is currently involved in the largest class-action lawsuit in history. A. 1.5 million women are suing Wal-Mart for gender discrimination in management hiring practices. i. Started with 6 women suing Wal-Mart in 2001. B. In its 6-5 ruling, the 9th Circuit U.S. Court of Appeals said the world’s largest private employer will have to face charges that it pays women less than men for the same jobs and that female employees receive fewer promotions and have to wait...
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...US Male vs. Female Pay Differences: Has the Wage Gap Narrowed and Why? Table of Contents Abstract…………………………………………………………………………….. 3 Introduction………………………………………………………………………… 4 Literature Review…………………………………………………………………... 5 History of Inequity………………..………………………………………... 6 Pay Equity…………..……………………………………………………... 7 Trends in the Gender Pay Wage Gap…........................................................ 10 Trends in the 1980s………………………………..………………………. 11 Trends in the 1990s………………………………………………………… 12 The Human Capital Theory……..…………………………………………. 14 Sex Segregation Theory……………………………………………………. 15 Conclusion…………………………………………………………………………. 16 Predictions for the future…………………………………………………... 17 References………………………………………………………………………….. 18 Abstract Pay differences between men and women is still a topic that keeps re-surfacing over the years. Since the signing of the Equal Pay Act of 1963, it is now illegal to pay men and women substantially different wages for equal work. The question is could there still be pay disparity between men and women in today’s labor market. This paper evaluates the dilemma faced by employers and reviews the trends in the gender wage gap. The paper will also investigate possible causes of the gender wage gap. In closing, the author will provide possible predictions for the future. US Male vs. Female Pay Differences: Has the Wage Gap Narrowed and Why? In the United States, there is still controversy about male...
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