...II. PROPOSED QUESTION: Will David prevail in his age discrimination suit against ABC? II. SHORT LEGAL ANSWER: Yes, David will prevail in his age discrimination lawsuit against ABC because the behavior of the supervisor violated the Age Discrimination in Employment Act (ADEA) enforced by the U.S. Equal Employment Opportunity Commission (EEOC). III. RESEARCH IN SUPPORT OF YOUR ANSWER * Jason, a 35 yr. old employee was promoted to foreman while passing over David and has been with the company 2 years. * David, a 60 yr. old employee has been with the company for 15 years with excellent evaluations. * The immediate supervisor told David that “Jason is going to places in this Company”. * When David applied for the job, the supervisor told him he was too old for the job and preferred a younger man who would be in the job for “more than just a couple of years.” CASES RESEARCHED A. Jones v. Dillard’s, Inc. Discrimination claim based on age from Gerda Byrd who alleged that Dillard’s took adverse action against them in their jobs. Alabama based case tried in 2003. In 1998 Gayferd’s Department Store was purchased by Dillard’s, Inc which she was an office and credit manager. There was no position at Dillard’s and she was placed as an assistant area sales manager to keep her at the same pay rate. She then learned the AASM position was being eliminated with no intention of ever hiring them again. In 1999 they offered her an opportunity to sell...
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...minorities to bring about more fairness in hiring and promotion practices. Draw heavily from the assigned readings and then explain and defend your arguments concerning affirmative action and "reverse discrimination." The fact that we are still talking about job discrimination, in the 21 century is really a sad thing. We have made amazing strides in all fields of science and medicine, we have the capability of having AI (artificial intelligence) and the ability to reach out and touch someone across continents in a matter of seconds via the internet. Yet, as a human race we have done very poorly in treating our fellow human with the dignity and respect we expect to be treated ourselves in return. If we were to do as Kant said, to treat “their ends as our end," we would all be treating each other impartially, (Shaw and Barry, 2013, pg. 90). But, since we are not, we are still having this dialogue. Affirmative action was brought upon by necessity. It was adopted in order to shift the balance toward neutrality in such things as hiring practice, admission standards and housing. There was a need to ensure more adequate representation for underrepresented groups, such as racial, ethnic, cultural and general minorities. Unfortunately “studies reveal the persistence of discrimination in American life, and statistical evidence shows wide economic disparities between whites and racial minorities”...
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...Court held that Equal Protection Clause of the Fourteenth Amendment governed the exercise of peremptory challenges by a prosecutor in a criminal trial. A defendant has no right to a jury composed of people of his or her own race, but a defendant does have the right to be tried by a jury whose members are selected based on nondiscriminatory criteria. The U.S. Supreme Court has repeatedly issued opinions that reaffirm its commitment to jury selection procedures that are fair and nondiscriminatory. Whether the trial is civil or criminal, potential jurors and litigants have an equal protection right to jury selection procedures that are free from state-sponsored group stereotypes rooted in and defined by historical prejudice. Intentional discrimination on the basis of gender by state actors in the use of peremptory strikes in jury selection violates the Equal Protection Clause. Litigants in any...
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...the main liberties we asked for was the idea of equality, “that all men will be created equal.” Although this has been a part of the American ideal since 1776, American’s have not fulfilled this liberty. Individuals do not admit it, but many are still prejudice against minorities, particularly African Americans. In the 1960’s, around the time when Martin Luther King Jr. was fighting for civil rights for people of color, a 3rd grade school teacher, Jane Elliot, from Riceville, Iowa was busy at work in an attempt to recreate the negative emotional and physical effects of racism within her classroom. She created an experiment in which she divided her students into unequal groups as a way of creating artificial stereotypes, prejudices, and discrimination. Jane Elliot eventually expanded her experiments into the adult population. She has done these experiments on corrections workers in prisons, as well as college students. Through all these experiments, Jane Elliot has made many conclusions and generalizations that can directly relate back to the real world, and hopefully aid in solving the problem of racism. Jane Elliot’s experimentation with stereotypes first began within the walls of her 3rd grade classroom. Before the experiment began she asked the students for their opinions on minority groups. Many of the students answered with statements regarding black people as being dumb and different than whites. They also discussed how African Americans do not have to same opportunities...
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...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 for an employer to discriminate against race, color, religion, sex or national origin. Under Title VII of the Civil Rights Act of 1964, the employee whom has be subjected to the discrimination...
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...and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2011). The U.S. Equal Employment Opportunity Commission, which was given enforcement authority by Congress in 1972, “is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (EEOC, 2011). This paper will cover the process of an employee who goes by the name of John and works for a private sector organization, feels that he has been discriminated against by his employer and wishes to file a discrimination complaint against the employer he works for. This paper will also analyze and explain the entire discrimination complaint and civil litigation processes as it would potentially apply to John and his employer through the first steps of the U.S. Equal Employment Opportunity Commission up to the United States Supreme Court Level. Body The E.E.O.C. (Equal Employment Opportunity Commission) of the United States of America has the authority to investigate charges of discrimination against employers who must have a minimum of...
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...N C DBA ©2010 Army Counseling Online.com. All Rights Reserved. Content for indiv idual use o nly . Distrib ution is proh ibited PVT/E-1 NC individual use on ly . Distribu tion is proh ibited prohibited EIN C DBA ©2010 Army Counseling Online.com. All Rights Reserved. Content for indiv idual u se only . Distrib utio n is pro hibited MEIN C DBA ©2010 Army Counseling Online.com. All Rig hts Reserved. Con tent for ind ivid ual use only . Dis tribution is prohibited C DBA ©201 0 Army Counseling On line.com. All Righ ts Reserved. Conten t for individual u se only . Distribution is prohib ited - Took two military correspondence MEINC D BA ©2 010 Army Counseling Online.com. All Rights Reserved. Con tent fo r individ ual use on ly . Distribu tion is proh ibited MEINC D BA ©201 0 Army Counseling On line.com. All Righ ts Reserved. Conten t for individual use only . Distr ibution is prohib ited “SEE CONTINUATION OF COUNSELING” MEINC DBA ©2010 ArmyCounseling Online.com. All Rights Reserved. Content of this Counseling Statement For individual use Continuation of Counseling Form 10 Army Counseling On line.com. All Righ ts Reserved. Content for indiv idual u se only . Distributio n is prohibited MEINC D BA ©201 0 Army Counseling On line.com. All Righ ts Reserved. Conten t for individual use only . Distr ibution is prohib ited MEINC D BA ©201 0 Arm y Counseling On line.com. All Righ ts Reserved. Conten t for individual use only . Distr ibution is prohib ited...
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...A Class Divided Everyone is likely to some form of discrimination or prejudice. On April 5th, 1968, a teacher in Riceville, Iowa named Jane Elliot conducted an exercise on her third grade class students that dealt with the concept of discrimination that would grow up to be a renowned experience. The exercise was the result from Martin Luther King’s assassination. The documentary is an eye opening into the world of racism and discrimination. The dictionary defines racism as “a doctrine that one race is superior†and discrimination as “the denial of opportunities and equal rights to individuals and groups because of prejudice or for other arbitrary reasonsâ€. Throughout the American society and through its history you can find discrimination. The documentary shows us that discrimination doesn’t just go to the extent to the color of your skin or what your ethnicity is, but can fall into any physical characteristics, your social status, where you’re from, having a developmental disability, simple as being a woman and what not of other things, and in this case the color of your eyes. Nevertheless, we past judgment and prejudice based on these types of things where the person themselves are not accounted for. The concept that Jane Elliot is teaching us is that racism is a learned behavior and not part of the human genetic code. This coming from herself and in addition to, just as you learn something - you can unlearn something. You can unlearn racism if it has...
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...CALIPER Interview Guide Reid T. Clifford ABC Company, Ltd. Caliper Management, 506 Carnegie Center, Suite 300, P.O. Box 2050, Princeton, NJ USA 08543-2050 Tel. 609-524-1200 Fax. 609-524-1201 Reid T. Clifford ABC Company, Ltd. Caliper Interview Guide The Caliper Interview Guide is a special report derived from Reid T. Clifford's Caliper Profile. The Profile results suggest that some areas may be worth investigating. Below, you will see personalized interview questions that will help you determine whether Reid T. Clifford can engage in the behaviors related to success in your organization's position. For each area to investigate, we provide specific attributes related to the behavior as well as an interview question. For definitions of the attributes in the Caliper Profile, click here. When evaluating Reid T. Clifford's responses, listen for evidence that the candidate has performed successfully in the area to investigate. Also take note of how the individual discusses behaviors in relation to the specific traits listed. You may find that Reid T. Clifford has developed strategies to compensate for possible limitations. Since you may need to discuss other topics, such as experience, job knowledge, and technical skills, we suggest reading through the guide beforehand and choosing the questions most relevant to your hiring needs. If you would like additional information regarding Reid T. Clifford's potential or personality assessment results, would like to discuss...
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...Abstract Everybody in America wants to be wealthy. We also want to be well-known and well-respected in society. The desire to be successful in our careers and profession we choose is just as important. To be successful an individual would choose a profession that would allow them to advance and climb the corporate ladder. Each and every profession has a standard code of ethics and professional values. Likewise, each has their own set of codes within the corporation or company. A person choosing their profession should really consider their own values and ethics before pursuing a professional career in an area that would later be conflicting with ones self-conscience. Professional values are usually framed from our own personal values. The customs, beliefs, and ideas we hold dear are our values. Ethics are the things we think of as right and wrong. A person who has high values and ethic should reconsider the job offer if they feel the corporation is dishonest Professional Values and Ethics Sexual Harassment “Professional values are the principles that guide your decisions and actions in your career.” According to Chrissy Scivicque, there are some universal values that should be and usually are held and practiced in all of them and they are: “first, do no harm; keep it simple; honesty is the best policy; we’re all in this together and stay balanced.” Professional ethics concerns the moral issues that arise because of the specialist knowledge that professionals...
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...brought suit under Title VII of the Civil Rights Act of 1964, alleging racial discrimination by the Tennessee Valley Authority (TVA). The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that the TVA’s subjective hiring processes permitted racial bias to both Dunlap and other black job applicants to occur. The TVA appealed, arguing that the district court erred in each of these analyses. David Dunlap is a black man who has worked as a boilermaker and boilermaker foreman for over twenty years. Most of his work experience has been with TVA through contract or temporary work through his union. He has tried to gain permanent employment with TVA since the 1970s’ to no avail. He applied for a position and submitted his resume and application for a job opening at TVA as a boilermaker. Dunlap was not chosen for the position and he brought suit against TVA. Dunlap alleges that the interview process was biased and TVA selected less qualified candidates some of whom had family affiliations to the Cuberland selection committee members. 1. What were the legal issues in this case? According to Walsh (2010), David Dunlap brought suit under Title VII of the Civil Rights Act of 1964, alleging racial discrimination by the Tennessee Valley Authority (TVA). The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, and concluded...
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...Discrimination in the workplace against sexual preferences is common. Cracker Barrel in 1991 put in place a policy ban to veto employment to both lesbians and gays. A decade later they were faced many charges on racism for both employees and customers. LGBT individuals should be protected of their civil rights just as much as any race, gender, pregnancy, nationality, and disability. Cracker Barrel operates under traditional values and supports the notion that federal legislation is warranted to stop employment discrimination on sexual orientation. The Cracker Barrel case is something that has caused much controversy for the LGBT community. But, it has also brought the attention of this problem to federal legislation. After reading the article, we can see that federal legislation is in fact supporting this case. There are no federal laws in place at this time that actually prevent discrimination based on sexual orientation, but federal legislation does not agree with the way Cracker Barrel is discriminating against the lesbian and gay community. In this day and age there needs to be some sort of protection for the LGBT community. There are federal laws that prevent discrimination based on a person’s religion, gender, national origin, age, disability, and race. So, now there needs to be laws that prevent discrimination based on sexual orientation. Cracker Barrel should not be allowed to get away with the way they have treated their gay and lesbian employees...
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...Eddiana Hernandez MGMT 463-61 Prof. Palmiere Final Paper Affirmative Action: Exploring a Common Ground The term affirmative action was introduced by President Kennedy during the Cold War and around the Civil Rights Movement it was then expanded by President Johnson. Affirmative action programs were created in an attempt to make sure that all groups within a society are given the same opportunity to succeed in the workplace and higher education. It has always been a controversial topic because of the guidelines surrounding it and the alleged double standard it creates since it protects some groups and leaves others out of the “iron umbrella”. Usually Caucasian males are against the action and most of the time demand reform or abolition of such programs. And that is because Caucasian and Asian males are not protected under the act. Affirmative action is one of those programs I believe have a double standard and therefore I have decided to look at it from both perspectives giving it a glance from a compromising way from both opponents and advocates of the act. Over the years it has given people opportunities that otherwise would have not been possible for the person who is part of a minority group but it had also affected the other areas in our society. The issue I have with the act is that is been used as the solely deciding factor to give someone a chance. For example, an African America high school graduate should not be getting into college just for simple fact of being...
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...CHAPTER 27 EMPLOYMENT DISCRIMINATION Only in recent decades have federal and state judicial decisions, administrative agency actions, and legislation restricted the ability of employers, as well as unions, to discriminate against workers on the basis of race, color, religion, national origin, gender, age, or handicap. This chapter concludes the discussion of the law relating to the employer-employee relationship by focusing on employment discrimination and related areas. The approach examines two spheres of this topic. First, the statutory framework for a number of federal laws is examined. Not surprisingly, the first statute addressed is Title VII of the 1964 Civil Rights Act. This statue covers discrimination based on race, color, national origin, sex, and religion. Following the presentation of Title VII, the chapter discusses the Age Discrimination in Employment Act and the Americans with Disabilities Act. A discussion of the legal aspects of harassment concludes the chapter. A class of persons defined by one or more of these criteria is known as a protected class. Several federal statutes prohibit employment discrimination against members of protected classes. The most important is Title VII of the Civil Rights Act of 1964 and its amendments. Title VII prohibits employment discrimination on the basis of race, color, religion, national origin, or gender. Discrimination on the basis of age and disability are prohibited by the Age Discrimination in Employment Act of 1967...
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...INTRODUCTION The purpose of this paper is to discuss and analyze in depth the Pregnancy Discrimination Act of 1978. This Act was approved on October 31, 1978 with the purpose of amending Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. EXPLANATION OF THE ACT AND ITS HISTORY: The Pregnancy Discrimination Act was brought about as a result of the significant discrimination being placed upon woman in the workplace due to pregnancy or pregnancy related medical conditions. This Act was also passed in response to the U.S. Supreme Court holdings in General Electric Company v. Gilbert, that pregnancy discrimination does not violate the Constitution or other federal law. The Act was passed in 1978 as an effort to rebuke this descision and eliminate this discrimination and set guidelines for employers. As provided by the U.S. Equal Employment Opportunity Commission the Pregnancy Discrimination Act of 1978 is described as follows: “An Act to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 701 of the Civil Rights Act of 1964 is amended by adding at the end thereof the following new subsection: "(k) The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related...
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