...Lilly Ledbetter was a long-time manager of a Goodyear Tire Company in Gadsden, Alabama from 1979 till 1998. Around the time she was going to retire she discovered that she was making much less than her male counterparts, almost 40% less over her 20 years there. She sued Goodyear and won being rewarded $3,514,417 from the jury, but due to laws restricting how much money a jury could reward, the judge reduced the winnings to $360,000. Goodyear appealed the case and brought it to the 11th Circuit of Appeals which ruled in Goodyear’s favor. They believed that Ledbetter missed the 180 day window to appeal for discretionary pay. The case was brought all the way to the Supreme Court in the court case Ledbetter v Goodyear Tire & Rubber Co. (2007),...
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...Summary of Law According to the Lilly Ledbetter Fair Pay Act of 2009, women in the US are paid 77 cents to every dollar that men are paid (The Lilly Ledbetter Fair Pay Act of 2009, 2009). African-American women on the other hand, earn 64 cents for every dollar, while Latina women earn 55 cents per dollar earned by men. The Equal Pay Act of 1963 (EPA) was created to require that men and women in the same workplace be given equal pay for equal work (U.S. Equal Employment Opportunity Commission, n.d.). The forms of pay are also covered by this law and include salary, overtime pay, bonuses, stock options, etc. (U.S. Equal Employment Opportunity Commission, n.d.). Unfortunately, today we still experience the unfair practice of unequal pay. To address this issue, in 2009, President Obama signed the Lilly Ledbetter Fair Pay Act. The purpose of this act was to restore the discrimination caused by the ruling in the Ledbetter v. Goodyear Tire & Rubber Co case (The Lilly Ledbetter Fair Pay Act of 2009, 2009). The Lilly Ledbetter Fair Pay Act gives individuals the power to challenge pay discrimination and forces employers to eliminate any discriminatory pay practices (The Lilly Ledbetter Fair Pay Act of 2009, 2009). Relevance & Importance The issue of wage gap and discrimination is one that not only affects women globally, but it also affects the economy in the United States. The Center for American Progress published an article explaining the varying reasons why Equal Pay is important...
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...Griggs V. Duke Power On December 14, 1970 in Draper North Carolina thirteen African Americans were represented by Griggs in the first legal law suite of its kind. Duke Powers reserved the good jobs for the white employees. There were extreme differences in wages and jobs. Also, there were standardized tests required to be taken by potential employees or employees who wanted promotions. The courts ruled that the tests did not pertain to applicant’s ability to perform the job. This case was pivotal to the workforce because people started taking the EEO more seriously. It helped with all aspects in HR, this case embraced the disparate impact which knocked down the barriers of equal opportunity employment. It set a foundation of how we should hire people and what is a fair acceptable way of doing recruiting. Harris v forklift system Inc. Teresa Harris was a manger for forklift systems, Inc. She had serval times been harassed by her president, Charles Hardy. She had been insulted on several occasions in front of other employees. After, promising that the harassment would end, Hardy comments got even worse. The courts saw this as fair unlikely grounds for a sexual suit. This plays an important part in HR because sexual harassment is very big issue in the workplace. This case really shows that one person can’t define harassment, it’s different in everyone’s eyes. Taxman V. Piscataway Board of Education The school had to lay off an employee. The board had a choice between...
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...1. List the issues involved in the Lilly Ledbetter case. Pay discrimination. Equal pay for equal work. Lilly’s employer short changed her pay, her overtime and her retirement, She was getting 40% less than male co- workers. 2. What laws were responsive (prior law) to the issues involved in the Lilly Ledbetter case? In 1963, John F. Kennedy signed into law pay equity, equal pay for equal work for women and minorities and previous law of Title VII in 1964. 3. How was the Lilly Ledbetter case resolved? Ledbetter lost her gender pay discrimination lawsuit gainst Goodyear after the Supreme Court ruled she did not file a complaint on time. The Supreme Court ruled, in a five-to-four decision against Ledbetter stating that she should have filed a complaint within six months of the company’s first decision to pay her less, and took away two years’ of her back pay. 4. What does the Lilly Ledbetter Act say about Fair Pay for the same work. It restored The Equal Pay Act (EPA) which prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. 5. What is your reaction to this case, are you surprised that the mindset reflected in the CEO's comments to women professionals reflect old attitudes? It really upset me that women are still treated in this manner. Age old attitudes of women being inferior to men can still be found in many...
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...Facts: Lilly Ledbetter worked for Goodyear Tire and Rubber Company’s in Gadsden, Alabama for nineteen years. For most years, she worked as an area manager, which was one, held primarily by men. In 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...
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...Lilly Ledbetter was a supervisor at Goodyear Tire and Rubber’s plan in Alabama from 1979 until her retirement in 1998. She was an area manager and initially her starting salary was similar to her male counterparts, however as time went the pay discrepancy between Lilly and 15 male managers was obvious. Lilly Ledbetter was paid $3,727 a month were the lowest paid male area manager was earning $4,286 per month and the highest male was paid $5,236 a difference of approximately $1,500. Lilly’s initiated a lawsuit against Goodyear immediately after her retirement. This claim was denied by the Supreme Court because she did not file suit 180 days from her first pay check even though she did not know of the discrepancy at that time. Subsequently, the 111th U.S. Congress passed the “Lilly Ledbetter Fair Pay Act” in 2009 to loosen the timeliness requirements for filling a suit so long as the act of discrimination occurs with 180 days of the filing of the discrimination suit. There had been rumors that pay had been different between men and women but of course there had been a rule that you were not to discuss what you made with anyone that you work with. On one particular day Lilly went in to work and wait to her mail cupboard to find an anonymous note showing four names with a dollar amount next to it. One of the names was herself and...
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...In PHILLIPS v. MARTIN MARIETTA CORP (1971), Mrs. Ida Phillips brought a lawsuit against Martin Marietta Corp for denying employment because of her gender. She too added other allegations such as the company wasn't accepting job application from those women who has pre-school kids, but at the same time men who had pre-school kids were employed and company was accepting their application. As, a result nothing could be proved as the company showed that it was hiring women and men equally in the company in different positions (PHILLIPS v. MARTIN MARIETTA CORP, 1971). Jennifer Maudlin a single mother, bought a lawsuit against Inside Out, a religiously-based community center. She claimed that fired her after she told them, that she was in her trimester pregnancy. According to her just single mom were treated in that way, there too were single dad but the rules were different for them. They were not fired to have a kids before marriage. Jennifer is not only the person who faced such discrimination, there are many women who faces pregnancy discrimination and loses their job (Inside Out and Pregnancy Discrimination, 2013)....
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...their rights, from owning property, to vote, and now a chance to have equal pay. The Lilly Ledbetter Fair Pay Act was passed due to help from other Supreme Court cases, interest groups, and public opinion. Lilly Ledbetter worked for Goodyear Tire Plant in Gadsden, Alabama for fourteen years as a production supervisor (-----). Ledbetter remained on the job even though she experienced sexism, “the plant did not need women, that [women] did not help it, [and caused problems]” (-----). She stayed due to the salary she was receiving, which at first was in line with the salaries of men performing the substantially similar work, but over time her pay slipped in comparison to the pay of male area managers with equal or lesser seniority. Ledbetter was compensated approximately $3,727 per month, however the lowest paid male area manager made close to $4,286 per month, and the top paid made nearly $5,236 (------). In total Ledbetter made...
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...it is more commonly known, “The Lilly Ledbetter Fair Pay Act of 2009” was the inaugural act for President Barack Obama to sign into law. Though the act is a short three pages, the policy and events that led to the creation of the law were contentious and complicated and spanned...
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...because working conditions are so unpleasant or difficult that a reasonable employee would feel compelled to resign. The employee must provide evidence or notification, in writing, regarding the cause for them choosing to resign and then allow the employer fifteen days to respond, in writing, to those allegations. In order to prove that there was a constructive discharge the employee, or in this case the former employee, must “preponderance of the evidence that the articulated reasons are a pretext for discrimination” as noted in Duffy V. Paper Magic Group Inc. 1988. Also as noted in this case it is very difficult for the former employee to provide evidence that this was the case. In the United States Supreme Court decision in the Pennsylvania State Police V. Suders 2004 it was shown that the former employee, Suders, had failed to use the procedures that were set up by her employer to deal with the issue that lead to the suit for constructive discharge. If we have evidence that there was no formal complaint or report of our former employee then we are very likely to have the case ruled in our favor.B. There are several areas under Title VII of the Civil Rights Act of 1964 that are...
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... | |Court Case Influential to | | | | |Description and Requirement of Law |Establishment of Law |Importance of Law |Workplace Application | |Employment Law | | | | | |Civil Rights Act of 1964 |Prohibit employment |Heart of Atlanta Motel v. United |To end racial segregation. |This means that a person should be | | |discrimination in hiring, |States (1964) in this case the motel | |hired because they are qualified for | | |compensation, and terms, conditions, |was operated by refusing | |the job and not based on their sex, | | |or privileges of employment based on |accommodations to blacks. | |race or national origin. | | |race, religion, color, sex, or |Ricci v. DeStefano (2009) arising | ...
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...Disparity and Discrimination Essay Ashley Gallegos CJA/344 10/23/2011 Jacquelyn Bradway In America disparity and discrimination has a strong presence in everyday life as well as in other countries around the world. Even though these are two different actions they have the same result showing others they are different and should be treated as such. When it comes to disparity its definition states that it is inequality in form or a difference. When it comes to discrimination its definition states that it is an action that treats someone inferior because of their race, sex, national origin or age. Do these actions take place in the world of criminal justice for example in law enforcement practices, court procedures or correction populations? Law Enforcement Practices Law enforcement is an admirable job and any individual who takes on this job role should be appreciated and respected. But what should citizens do when disparity and discrimination become intertwined and a part of the law enforcement job? An issue among law enforcement for decades has been racial profiling; this issue is the reason why many judicial consent decrees have been designed, to help start avoiding...
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...00 for the female (based on Bureau of Labor Statistics)... Employers are not complying with the current EEOC laws as the pay gap is becoming wider, especially in some professions. The EEOC law should be changed to require them to conduct audits of employers with more than 100 employees, to assure compliance with the law. The Fair Labor Standards Act of 1938 was updated in 1963 when congress passed the Equal Pay Act, clearly stating that employers cannot discriminate on the basis of sex by paying wages for equal work less than wages paid to the opposite sex. The problem is that the EEOC who administers the law is a reactive rather than proactive body. They respond and investigate when complaints are received, and even then, all cases are not investigated. The EEOC is a five member, bipartisan committee that “receives, investigates and conciliates complaints” of workplace discrimination (EEOC.gov). If the EEOC finds patterns of workplace discrimination, it has the power to refer that information to the Department of Justice for further recourse...
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...Women and Gender Studies: Process Paper on Collaboration Project Daquille Barzey-Ferguson Mary Ellen Schmider Introduction to Women's Studies: Process Paper on Collaboration Project 12/01/2014 I want to start off by saying that WMST 200 was a very great course and I enjoyed every minute of it. It was a very beneficial learning experience and I have taken away so much from it. Our professor Mary Ellen Schmider was extremely helpful and her assignments were always knowledgeable and rewarding. They really opened my mind to seeing the world through a woman’s perspective. This course educated me on the aspects of the modern day woman and some of the struggles they still face. I would highly recommend this to course to people that I know. One thing in particular that challenged and was kind of new to me was the Collaboration project. It promoted classmate interaction and teamwork, which are great factors to have. This assignment was a great way to interact with our fellow classmates. Reflecting back on this courses collaborative project it was quite rewarding. At first I was a little worried about working with people I do not really know through the computer. How we are supposed come together and complete this assignment, but it turned out for the better. At first there was a little confusion as to what were our particular roles of the assignment but through outstanding teamwork we prevailed. It was a good learning experience. Our group consisted of five outstanding counterparts...
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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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