I. Case Citation
The case being investigated is Phillips v. Martin Marietta Corp.
II. Facts about the case:
The case Phillips v. Martin Marietta Corp is a case about gender-discrimination upon applying for a job. The ruling that made the most impact was the ruling of the Supreme Court in 1971.
The reason for the case is the Ida Phillips felt that the Martin Marietta Corporation did not offer her a job because of her sex. But not just because she was a woman, but because she had a pre-school aged child.
Ida Phillips actually could not have been more correct to her knowledge. Little did she know that Martin Marietta did not like to employ mothers with young children. He specifically did not like to hire women under these qualifications because
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Therefore, Phillips did what any normal woman would do, she turned around and filed a lawsuit against Martin Marietta Corp. for gender-discrimination. Her main point was that the corporation was violating Title VII from the Civil Right Act of 1964. She did not understand why she could not get a job just because she has a pre-school aged child. Martin had no problem hiring women with older children or no children at all. Or to top it off, what if Ida Phillips’ husband had applied. He could have gotten the job, because he was a man with a pre-school aged …show more content…
This is when the Court of Appeals for the Fifth Circuit affirmed the previous ruling and denied a hearing. This meant that the court agreed with the previous ruling and would not give the time of day for another hearing.
While Phillips could not file for an appeal, the Equal Employment Opportunity Commission filed and were approved. The appeal was picked up by the United States Supreme Court
III. Court’s Decision
The United States Supreme Court overturned the previous rulings on the case. Eight of the Supreme Court justices agreed on the decision. The Supreme Courts main reason for this is that Martin still hired man with pre-school aged children. Since Martin Marietta corp. still hired men with pre-school aged children, that is what through the bona fide occupational qualification. If Martin Marietta corp. would have not hired men with pre-school aged children, then the bona fide occupational qualification would have caused for a different ruling in the case.
IV. Laws applying to Case:
The laws that apply to this case are Title VII of the Civil Right Act of
Case Brief Case title: Santobello V. New York, 404 U.S 257 (1971) Facts: Santobello was indicted with two felonies and plead guilty to a lesser offense after negotiating with the prosecutor. The offense that he did plead guilty had a maximum sentence to only a year in jail, which was less than the original two felonies, and the prosecutor at the time said he wouldn’t recommend anything to the judge. However, a different prosecutor took over the case and did end up recommending the maximum sentence. The defendant’s, Santobello’s, attorney objected and told the judge of the deal that the former prosecutor made a deal to not recommend sentencing, but the judge said that no one influenced him and that the he believed the maximum one year sentence was appropriate based on Santobello’s criminal record.
Lawson. Case to Consider for Ms. Lawson’s Position Juarez v. AutoZone: Rosario Juarez worked at AutoZone for five years and was fired for claiming that woman was given a glass ceiling for promotions along with an unfair hiring process that deterred a woman from getting jobs at the company. The company suggested that Ms. Juarez step down for not being able to take care of her son and work for the company simultaneously. In the end, Ms. Juarez got awarded 185 million in punitive damages, which at the time was the most ever granted to a single employee (Juarez v. AutoZone). It is vital for Greene’s to know the cases that will be presented to the public eye that will get the public rallied against them.
Florence Kelley was a social worker who fought against child labor and to better working conditions. On July 22, 1905 she delivered a speech, in Philadelphia, to members of the Nation American Women Suffrage Association before their convention was held. Through her speech she is informing people about the dangers and encouraging others to support regulations that will end child labor. Another message she was sending through the speech is that along with their support they can also better the conditions that women work in. The people she delivered the speech to contains mothers who have their own children, elder females that have siblings who may be working, and females that work.
Florence Kelley is a reformer who fights for child labor laws and better working conditions for women. At the National Assembly Women Suffrage Association in Philadelphia on July 22,1905, Kelly recites a speech talking about the issues of child labor laws. When talking to her audience, she uses rhetorical strategies such as repetition of the many negative aspects of child labor through specific examples, criticism of states regarding their policies, and emotional appeal. By using a combination of factual evidence and emotional appeal, Kelley hopes to get her point across by convincing her audience of the problems with child labor.
Bush v. Gore was a Supreme Court case that occurred in 2000 after the presidential election between George W. Bush and Al Gore. After Florida citizens casted their votes, officials noticed the numbers were very close; Bush led Gore by only about 1,800 votes. Florida law allowed Gore the option of manual recount in the Florida counties of his choice. He chose to have votes of four counties recounted. Florida law also required that the state’s election be certified by the Secretary of State, Katherine Harris, within 7 days of the election (November 14th, 2000).
Florence Kelley was a women’s rights activist who gave a speech before the convention of the National American Woman Suffrage Association in the summer of 1905 on the topic of child labor. This speech on child labor offers insight to the harsher lives that some children have to carry in comparison to some adults due to no child labor laws. Kelley’s writing was meant to persuade the audience to improve child labor laws and safety by appealing to pathos. Throughout the beginning of the essay, there’s repetition of the phrase: “[W]hile we sleep.”
It was even funny that the law of employment did not permit the absorption of two persons from the same family in the job market. The fight for women’s right in America in the early 1800s, by a few women reformists who felt that their rights were infringed by the government and American society, came so early. Seneca Falls convention which was conducted in 1848 in Seneca
The 19th Amendment was passed on August 18th, 1920; women had been in a 70 year protest to finally gain women suffrage. Even after women gained equal voting rights as men, they struggled to get past the state laws that still held them unequal in numerous ways violating their natural rights. It wasn’t until 1974, almost 54 years after the amendment was passed, that the Supreme Court finally considered an Equal Pay Act, due to an employer paying women less than men for the same work (Corning Glass Works v. Brennan). Only a year before that, in 1973, did the supreme court revise and clarify that employers could not publish sex-segregated “Male/Female Help Wanted” ads. Although it may be protected under the constitutional right of freedom of speech and of the press, but instead was considered illegal because of sex-biased preference in hiring (Pittsburgh Press v. Pittsburgh Commission on Human Relations).
The Commerce clause refers to Article 1, Section 8, Clause 3 of the United States Constitution, which gives Congress the power “to regulate commerce with foregin nations, and among the several states, and with the Indian tribes”. This clause is one of the most fundamental powers delegated to congress by the founders. It has helped to seprate the powers between the federal governemtn and the states, along with the branches of governemtn and Judiciary. In simpler terms the commerce clause was to help regulate commerce among navigable waters.
During this time period, progressive women, like Roosevelt honed in on factory reforms such as eliminating unsafe and unsanitary sweatshops. However, as an underdeveloped and underappreciated class, these women focused on their needs and that of children. For example, reformist Florence Kelley, leader of the National Consumers League who fought for laws safeguarding women and children in the workplace, won the Muller v. Oregon case in 1908 in which the Supreme Court agreed to the constitutionality of laws protecting women workers. This reform, although positive in the sense that it provided protection for women also came with future backlash. This verdict ultimately promoted the concept that women were weaker than men therefore discriminating against women and closing “male” jobs off to women workers.
This case was about a Muslim girl (Samantha Elauf) trying to get a job at Abercrombie and Fitch. She wore a hijab to her interview like every other day. The look policy for Abercrombie bans caps and black clothes. She was not accepted to work in Abercrombie since she wore a hijab to her interview which lowered her scored. Abercrombie never asked if her headscarf was to practice her religion, but neither did Elauf mention it was for religious reasons.
The passage of Title VII of the Civil Rights Act of 1964, although riddled with ironies, was crucial in legitimizing the legal feminist strategy. The main paradox of Title VII was the amendment that include the word “sex” into the bill’s language, was offered by Rep. Howard Smith, an anti-civil rights democrat from Virginia (Freeman, “How ‘Sex’ Got into Title VII”). Therefore, the language of Title VII made it unlawful for employers to discriminate on the basis of race, color, religion, sex, and nation origin. Rep. Smith’s plan to kill the bill by attaching the “sex” discrimination language backfired in a major way.
As a social worker and reformer, Florence Kelley utilizes asyndeton, juxtaposition, and rhetorical questions in her ardent speech for the attendees of the convention for the National American Women Suffrage Association to “enlist the workingmen voters” in helping with the implementation of more stringent child labor laws to encourage the protection of children, especially girls, from working in factories at such young ages. Kelley’s employment of asyndeton in the second paragraph as she states, “Men increase, women increase, youth increase in the ranks of the breadwinners…”, makes her speech more passionate and effective by speeding up its rhythm and pace. She applies this rhetorical strategy to segue into the fact that despite the increase across different demographics, none is so exponential as the growth of “girls between twelve and twenty years of age.” She describes this fact before the convention to depict the extensive hindrances this particular contingent faces.
On July 22, 1905, Florence Kelley, a supporter of child labor laws and improved conditions for working women, delivered a powerful speech before the convention of the National American Woman Suffrage Association in Philadelphia. Through uses of rhetoric strategies, such as, evidence, diction, and imagery, Kelley illustrates her argument that working conditions and laws must be changed. Kelley begins her speech by presenting a list of statistics. As many as “two million children under the age of sixteen years” earn their bread (lines 1-2). No other group of workers increased as rapidly as young girls from fourteen to twenty (lines 8-10).
The passing of this law saw all employees get treated equally, and the biases that existed ended. Its legislation led to the reduction in the rate of unemployment in organizations. Discrimination based on sex preferences has been the major challenge and this drove the women rights movement to stress for the legislation of the Title VII of the Civil Rights Act (Aiken, Salmon, & Hanges, 2013.) Despite Title VII of the Civil Rights Act helping to alleviate the issue of discrimination especially on women in employment sectors, it did not meet all the needs of women in the