While there might be times where discrimination was involved in the lack of promotion for individual, however, this particular case study seems to lack the ability to truly provide how this is possible. According to Robinson (2010), Prima Facie involves the process of having sufficient evidence before trail in a lawsuit or in some situations criminal prosecution cases (p. 27). Based off the information provided in this particular case study it would see that Carol is in a bit of a bind regarding Prima Facie. It does not appear that Carol has sufficient evidence to prove that there is illegal discrimination. While it is unfortunate that Carol was not selected for the position that she desired, it is challenging to prove if there was indeed discrimination
Introduction This case study of Vehar v. Cole National Group is a case where the plaintiff, Wendy Vehar, accused Cole National Group of sex discrimination claiming that as a female she was not being the same wage as a male for performing the same duties. Additionally this study will determine if the plaintiff established a valid prima facie as well as if there was a basis for equal work. Next, what factors did the appeals court base its decision and why is the other-than-sex factor that is presented by the employer insufficient to avoid a trial? Finally, what should the employer have done differently to ensure this type of situation did not occur in their business?
Why do you believe these actions were discriminatory? The first case file with EECO by Tanya Conde girl friend of Samuel Varriano Maintenance #3 who was fired from Pitt University .The defendent 's in case Robert Godzik, William Franicola supervisor and Pitt University was dismissed . Now Robert Godzik and Pitt University have confidence themselves this isn 't a hostile work environment .With
Discrimination or Not As employer make decisions which affect employees’ positions, lives, and overall well-being, it is important that those decisions are made in a fair and equitable manner. Through avenues such as culture fit, position qualifications, and performance, management has a consistent and reasonable basis for adjustments, promotions, and terminations. However, when organizations make such judgements without this strong basis, they open themselves up for potential discrimination claims, litigation, and monetary judgements. One such controversial case is St. Mary’s Honor Center versus Hicks.
Charles Mitchell (2013) went on to say, “by not promoting the more successful White employees, was this an act of illegal disparate treatment under Title VII (p. 43)? The U.S. Supreme Court ruled that it was illegal disparate treatment. Assisting the U.S. Supreme Court in their ruling is the established Uniform Guidelines on Employment Selection Procedures (UGESP). The guidelines state, when an employer determines that adverse impact was evident in its testing process, they shall (1) valid the procedures (test), (2) confirm the linkage to its job, (3) consider alternative testing procedures (Mitchell, p. 45).
(EEOC, 1964a) The argument is that Anna’s claim against her employers is valid on the basis of gender discrimination (EEOC, 1964b). Anna’s supervisor Michael would never have taken the actions that he did with Anna had she been a man. Once those actions were demonstrated to have an adverse reaction on both the work environment and employment, no remediation actions were taken
Question 1 a) Identify the prohibited ground(s) of discrimination claimed by Ernie. The prohibited grounds of discrimination claimed by Ernie are alcohol dependency and marital status. Ernie claimed alcohol dependency, since it is classified as a disability under the Ontario Human Rights Code and marital status is a protected ground under this act. b) Briefly describe the legal arguments in favour of Ernie’s claim of discrimination.
In Jeff Yang’s concept of discrimination shows that it is distinctly ambiguous. Yang’s article “Harvard Lawsuit Is Not What It Seems” it shows the viewpoint of the story from his perspective along with the opposing side. There are both negative and positive sides to this lawsuit. A piece of literature that reflects on this concept is “I Have a Dream” by Martin Luther King Jr.
Throughout Sotomayor political career it could be argued that she has remained consistent in her core political beliefs that pertain to areas regarding racial discrimination. However on issues such as gun control there is evidence of inconsistency but overall Sotomayor can be classified has centrist liberal. An example of her left leaning tendencies that has remained consistent is her commitment to affirmative action and fighting against racial discrimination. In Ricci v. DeStefano, Sotomayor upheld the rejection of a lawsuit by white firefighters, one of them Hispanic, claiming racial discrimination after white firefighters were denied promotions after an examination that produce no black firefighters. She decided not to rehear the case in
In this way of bias, the new coach was running against a white person that clearly did not have the most outstanding qualifications for the job, but ended up getting the position over him because he was white. In this, I believe that the problem lies within the hiring committee that had the racial prejudice against people of color. Harber gives another example that demonstrates this in another way. He gives out “Under the racist system of apartheid there were separate schools for African, white, Indian and coloured (mixed race) students. The education provided was not only
This is exactly the case with Hicks and should be presented to the courts to support his position of disparate treatment in this case. In fact, the courts found that Hick’s did establish a prima facie case, and that the preoffered reasons by St. Mary’s were not believable. Yet, they also ruled that Hick’s did not prove that the decisions were racially motivated, but could have been personally motivated. Therefore, personally motivated decisions, while not best practices, are not unlawful and do not constitute discriminations by the company.
I believe that the Latino American population during the twenty centuries faced severe discrimination while fighting for their civil liberties, and still are, in the hopes of proper enfranchisement and suffrage. Difficult times came to them with their goals to live as an American in an America with Anglo Americans who felt they were superior to their hardworking “2nd” class neighbors. I personally have seen discrimination purely based on race and skin color aim towards others, including myself even after all the history of conflict between two different races. During the era of racism towards Latinos they faced many obstacles impeding progress to their life goals, in their pursuit of happiness given to them as a right, as in low wages for
In “Brains vs. Brawn”, by Mark Cotharn, Cotharn talks about his experience on both sides of discrimination. At his first school he had a high status because of his talents playing quarterback on his high School football team. It was at this school he got the “good side” of discrimination. He talked about how the football coach came to talk to Cotharn about joining the football team. Even the Principal met with him and told him he will to well at the school.
3. Why did the plaintiff’s disparate treatment claim succeed? What was the evidence that the employer’s reliance on interview scores was a pretext for race discrimination? A complaint of disparate treatment can be proved if the plaintiff could prove that a candidate had been disfavored and others had been favored because of race, color, religion, sex, or national origin by the employer. (P.222) TVA's selection committee established an interview scores were the interview subjective criteria has a weight of 70% and the technical expertise (skills) would account 30%.
The truth behind the discrimination of Latinos In “Discrimination against Latinos has risen” published by the Thomson Reuters foundation on December 6, 2016, Journalist Ellen Wulfhorst says that most of the Latino population in the United States has said that they have suffered discrimination, more than twice as many who said so a decade prior. Studies have recognized that sixty-eight percent of Latino men and women have been victims of some discrimination in their entire time living in the United States. The increase on discrimination could possibly be due to shift in anti-immigrant attitudes. The author of this article successfully reaches their audience giving the issue from sincere concern on discrimination, by having studies to back up the information, and talking about on ways Trump is going to handle immigrants when he made it into the office in January 20, 2017. All over the place people are being discriminated because of their religion, ethnic, and even sexuality.
Racism has always been the “elephant in the room”: everyone knows it’s there but no one really seems to acknowledge its. It has been affecting Latinos for a very long time now and it is something that people are still trying to fight against today. Latinos have been stereotyped, hated against, and treated badly simply for being of a different race. It seems like the discrimination against them can be seen everywhere. Many had hoped that by now racism would have stopped being a problem but the fact is that it 's still a relevant issue that affects millions of Latinos.