...EEOC Sues Kmart for Disability DiscriminationEEOC Sues Kmart for Disability Discrimination A known leading retail store, Kmart in Baltimore is said to have violated federal law. It was claimed that Kmart refused to hire an individual who had disability, that individual needed reasonable accommodation, so the United States EEOC, Equal Employment Opportunity Commission decided to file a lawsuit. The Hyattsville store was said to have rejected the individual who applied for a position due to his kidney issue. EECO argument was that after Lorenzo Cook received a position at Kmart, the hiring office had made an appointment for Cook to finish the new hire paperwork and was required to provide a drug screening. Cook then met with the official and he let the official know that he did suffer from kidney failure and he was not able to give a urine sample because he was under dialysis. Cook did not refuse a drug test, he asked if there was a way to go about other drug testing such as blood or hair testing, any drug testing that would not need any urine sample. Management then stated that they needed to discuss this with her other employment officials. Two weeks or so later management let cook know that it is store policy that all new employees must take a standard urine test; they did not even discuss any alternatives. Kmart then denied Cook of the position because he could not take the urinalysis. This action that was taken place towards Cook violates the ADA, the American Disabilities...
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...protect employees from employment discrimination based on race, sex, national origin, religion, age, or disability is the Equal Employment Opportunity Commission (EEOC). Discrimination is the process that treats an individual differently based on preconceived ideas (Duhaime, n.d.). An employee who thinks he has been the subject of discrimination has the right to file a complaint with the EEOC. In this paper, there will be an analysis of an employment discrimination complaint and civil litigation process from the initial EEOC filing and if necessary, through the state, and federal court systems. The paper will also include a discussion of other relevant aspects to address discrimination complaints and workplace disputes. Overview of the EEOC Process John is an employee in a private sector organization, and he thinks he has been subject to discrimination. He wants to file a discrimination complaint. The first step in the process is the requirement to file a Charge of Discrimination. This is done by contacting any EEOC office (EEOC, 2009). The deadline for the employee to file the charge is 180 days after the occurrence of the discrimination. Although the deadline can be a total of 300 days, if the occurrence of the discrimination took place where state or local anti-discrimination laws exist (EEOC, 2009). The state and local agencies responsible for enforcement of the anti-discrimination laws are the Fair Employment Practices Agencies (FEPAs). The EEOC and FEPA work together to ensure...
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...EEOC Paper: Sharie Harris-Walker SOC 315 03/15/2012 Emma McCain EEOC Cultural Diversity is about differences that exist in the workplace. Equality has been a breakthrough for some people while it has been a victory for other people. The Equal Employment Opportunity Commission (EEOC) is an association that strives to guard employees and applicants that are not treated fairly by other workers or companies. The EEOC protects all people. It does not matter what type of work environment they work in or what the problem is. Due to the unfailing assistance that the EEOC offers, African American employees of Findlay will not have to accept being discriminated against or harassed in the place in which they work or terminated for filing a discriminated claim. 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...
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...to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the complaint has been filed within 180 days of the...
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...history and instrumental in protecting the rights of individuals from employment discrimination. Title VII of the legislation was designed to protect U.S. employees. This Title also established the U.S. Equal Employment Opportunity Commission with the intent to protect U.S. employees from discrimination as the body to enforce the provisions of the law. Equal employment opportunity was further enhanced in 1965 with Executive Order 11246 which prohibited federal contractors from discriminating against employees on the basis of race, sex, creed, religion, color, or national origin. Equal Employment Opportunity has been an effort to provide African-American, women, and other classes of individuals in society who did not have access to the same employment opportunities in both the private and public sector. The issues explored related to equal employment in the public sector are: • Oversight and Coordination • Scope of “Protected Classes” • Monitoring and Reports • Enforcement Equal Employment Opportunity Act of 1974 The U.S. Equal Employment Opportunity Commission (EEOC) provides oversight and coordination of federal equal opportunity regulations, practices, and policies. Equal Employment Opportunity Act of 1974, brought all state, local, and federal government agencies covered under Title VII of the Civil Rights Act of 1964. Federal laws for workplace and employee discrimination are enforced by several federal agencies. Employees may not be aware of their...
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...Race/ Color Based Employment Discrimination Racially based discrimination carries a painful history in America and the aftermath is still very present even though government prohibits discrimination through constitutions, state statutes and acts, which are exemplified in cases largely through the Equal Employment Opportunity Commission. The EEOC is dedicated to enforcing federal laws that make it illegal to practice inequality against applicants or employees. Maslow’s hierarchy of needs outlines the basic needs of an employee and can show how someone could be affected by inequality. Such intolerance can be seen across the country with recently occurring events such as the EEOC v. Yellow Transportation case, the EEOC v. DHL Express case and the current top position hiring conflict in the NFL. To fully understand the issue of discrimination in the U.S. today, we must understand the long-standing history our nation has with intolerance. As unfortunate as it seems, our country was built with this notion of inequality. Slaves were brought over from Africa to work fields for wealthy or soon-to-be wealthy Americans. At the time it seemed like a way of life, though the reality is that it was extremely oppressive and today such an inferior take on differences in cultural background is considered unethical. In 1865 the 13th Amendment was passed abolishing slavery, although the Civil Rights Movement did not occur until the 1950’s lasting through the 1960’s. The Civil Rights Movement officially...
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...Legal Process Paper All over America many Americans have been the victims of some form of discrimination. Even innocent children have fallen victim as students to bias teachers who prefer one personality to another. Still, an even more detrimental form of discrimination can be found hidden in the U.S. workplace. Discrimination in the workplace, or Employment discrimination, can “include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment” (Cornell, 2009). Though unfortunate, there are only some types of discrimination that are currently punishable through the U.S. legal system. “Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers” (Cornell, 2009). John is an employee in the private sector, which means he has protection from discrimination for any of these reasons. Usually, discrimination laws protect minority populations or groups traditionally affected by discrimination in the past. For example, if John is a white male he will not likely be able to file with the EEOC for racial discrimination. On the other hand, if he is Native American or African American, he will find protection under Title VII of the Civil Rights Act of 1964. In the same way, if John is over the age of 40 “the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age” (Cornell, 2009)...
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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, 2012). John is an employee in a private sector organization; He wants to file a discrimination complaint against his employer. In this paper, we will become familiar with the basic system utilized in filing a discrimination complaint against an employer. The system or process for filing complaints regarding discrimination is similar with variations based upon the type of discrimination. Discussion The primary source for filing complaints is the EEOC (Equal Employment Opportunity Commission). The EEOC was enacted by Congress in 1972 and 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, 2012). This paper will review the steps that should be taken by an employee named John who works at an organization in the private sector. John wishes to file a discrimination complaint against his employer because he believes that his employer has discriminated against him. The EEOC of the United States of America retains the...
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...EEOC Elizabeth SOC/315 July 15, 2014 Dr. Todd Dannelly As long as America has existed, equality has always been an issue for the people and for some a success, fortunately we have the Equal Employment Opportunity Commission, also known as EEOC. This organization is an important part of America’s workforce when it comes to protecting and helping employees who are being treated unequally or unfairly by the employer and it is the job of the EEOC to protect people not matter the color, race, age or the work environment. It is the responsibility of the EEOC to always provide a thorough investigation, education and knowledge towards complaints and violations of the law, an example of EEOC violation will be talked about in the paper which relates to the termination of a Nurse who was on approved medially leave and temporarily disabled to work. Compliance issue that led to the lawsuit and its ramifications for the organization and functions of the EEOC Nationwide healthcare provider Dialysis Clinic, Inc. (DCI) violated federal law by firing and refusing to re-hire a long-time nurse who needed more medical leave to complete her cancer treatment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today. According to the EEOC's lawsuit, Francisca Lee had worked as a nurse at DCI's Sacramento Southgate location for 14 years when she was diagnosed with breast cancer. Lee took medical leave in order to have mastectomy surgery and chemotherapy...
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... LEGAL PROCESS PAPER Introduction Discrimination in the workplace comes in many forms. Workplace discrimination happens when a member of a protected class is treated differently than their peers. An act of discrimination may occur in relation to refusal to hire, termination, denial of training, etc. This may happen simply because of the employee’s race, gender, nationality, religion, ace, disability, and even familial status (a pregnancy). Employees are protected under the Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC). Complaint Process John must begin the civil litigation process beginning with the Equal Employment Opportunity Commission (EEOC). The agency have put laws in place that governs the employers and employee procedures when a complaint is issued. The Equal Employment Opportunity Commission is the leading agency for handling issues of job discrimination and deals with most matters of employment discrimination under federal laws. (Bennett-Alexander, 2004, Retrieved October 12, 2015). The first step John should take is to decide whether or not he wants to take action (this is always the hardest step for an employee). Most of the time, workplace discrimination goes un-noticed and even un-mentioned. Once John has made the decision to take action by reporting the issue, he must file an official complaint with the EEOC. Once the official complaint is filed, the EEOC will take the case through the proper steps...
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...EEOC Presentation Throughout the United States brief history there has been a large amount of discrimination in the workplace and no laws to protect employees from such harassment. Title VII was passed which prohibits discrimination in hiring, firing, training, promotion, discipline etc. on the basis of an employee or applicant’s color, gender, race, national origin or religion. If any employee feels they have been a victim of employment discrimination they may a file a charge or claim with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC will handle all claims by following a common procedure and following all rules and regulations. Ganley Lincoln of Bedford, Inc., an auto dealership in Bedford, Ohio, will pay $300,000 to four African-Americans to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today “Racial harassment is utterly unacceptable and illegal,” said EEOC Regional Attorney Debra Lawrence. “It demeans the entire workplace as well as the direct victims. This settlement – both the monetary relief and the training -- will help ensure that African-Americans at this company will never have to face such abuse again.” The EEOC will take is to make sure all nonfederal government employee claims are filed within 180 days of the event where the discrimination occurred and federal employee claims are filed within 30 days of the event. Many states have their own fair...
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...EEOC Presentation Terrious Simmons SOC/315 September 22, 2014 Donald Walker EEOC Presentation A press release was issued on behalf of the Equal Employment Opportunity Commission (EEOC) in regards to a federal lawsuit against a Concord, NC franchise restaurant Chick-fil-A. The lawsuit states that Heather Morrison was discriminated against for a job at the restaurant because she was six months pregnant at the time of interviewing for a job. According to the complaint filed by the EEOC, John Charping a manager at a local Chick-fil-A there in Concord, NC refused to hire Heather Morrison because of her pregnancy. Morrison stated that during the interview she was subjected to answer inappropriate questions about her pregnancy such as how many months she had been pregnant, her plans of childcare when the she delivers the child, and how much maternity leave will she require to take. Morrison stated that she felt the questions were inappropriate, but answered the questions because she wanted the job. According to the complaint, the owner of the restaurant called Morrison three days after the interview and informed her that she was no longer considered for the job and to call back after she delivered the child and childcare was in place ("Chick-Fil-A Faces Pregnancy Discrimination Lawsuit", 2013). The case, Equal Employment Opportunity Commission v. John Charping d/b/a Chick –fil-A at Concord Commons, Civil Action No.1: 13-CV-00535 was filed because of the violation of Title...
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...EEOC Paper Jacquelyn Kerrick SOC/315 July 17, 2013 Julie Hu, PhD. EEOC Paper A description of the compliance issue that led to the lawsuit Gender-based wage discrimination is an unlawful employment practice which should not occur in the United States today. Yet unfortunately, this type of discrimination is still faced by women in the workforce. The Equal Employment Opportunity Commission (EEOC) has filed a suit in the U.S. District Court for the District of Maryland, Greenbelt Division on behalf of a former employee of Extended Stay Hotels, Latoya Weaver. The suit alleges that Ms. Weaver had been the victim of gender-based wage discrimination, during her period of employment at the hotel chain’s Lexington Park, Maryland facility. Weaver, an experienced guest services representative, who had worked for the company for five years, discovered that two newly hired male guest services representatives were being paid at a significantly higher rate per hour than she was, for performing the same duties at the same facility. A brief summary of the functions of the EEOC The functions of the EEOC are centered on enforcing the federal laws pertaining to discrimination in employment. This includes many work situations, from unlawful hiring practices to wrongful termination, the EEOC’s function is to protect both job applicants and employees from being discriminated against due to race, religion, sex, age, national origin, disability and genetic information (U.S. Equal Employment...
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...file a discrimination complaint against his employer. Although the U. S. Equal Employment Opportunity Commission (EEOC) enforces Federal Laws that protect employees and applicants from employment discrimination in the work place, which includes bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment, only some types of discrimination are currently punishable through the U. S. legal system. Though anyone can file a discrimination complaint with the EEOC, John must show that he has been discriminated against because of his race, religion, national origin, disability, or age in order to receive a right-to-sue letter. Filing a Charge of Discrimination As an employee in the private sector, if John isn’t sure whether or not his employer is covered, he should contact one of the EEOC field offices as soon as possible and they can make that decision. Even if John’s employer is not covered by the laws that the EEOC enforces, his employer may still be covered by a state or local agency that enforces that law. The EEOC can refer John to the appropriate state or local agency that enforces anti-discrimination laws. “Through its administrative enforcement process, the Commission receives, investigates, and resolves charges of employment discrimination filed against private sector employers, employment agencies, labor unions, and state and local governments, including charges of systemic discrimination” (www.eeoc.gov/eeoc/enforcement_litigation...
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...Employment Discrimination Trends HRA 596 July 26, 2012 Executive Summary The Equal Employment Opportunity Commission (EEOC) is responsible for investigating any legitimate claim of discrimination. Since it was created in 1965, the EEOC has investigated hundreds of thousands of claims on race, age, sex, age, religious, and disability discrimination. These investigations are then compiled into detailed reports that show the type of discrimination and the number of claims filed for each per year. These reports demonstrate that in spite of the EEOC’s continued prevention efforts in the form of education and outreach programs, the number of discrimination claims have continued to increase. The reports by the EEOC also demonstrates the current and previous trends in discrimination claims, which allow one to get an idea of which claims are prioritized, although all claims are dealt with and taken seriously by the EEOC. Employment Discrimination Trends The role of the Equal Employment Opportunity Commission (EEOC) is to ensure that federal laws put in place to prevent employment discrimination based on an applicant’s “…race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (“Overview,” n.d., para. 1). The EEOC is responsible for preventing or investigating any claims of discrimination that occur based on these criteria. The EEOC also educates employers on discrimination laws and methods of ensuring...
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