Discrimination and harassment are serious problems in the workplace today. People are discriminated against and harassed about their sex, religion, race, weight, handicap, etc. For me, these issues are very unethical, and that’s all there is to it. Really, what does a person or a business gain from committing these selfish acts towards others? I guess a laugh here and there from people listening in on the harassment of a co-worker. I personally don’t see what anyone can gain from any of this and surely there is not one company out there who could gain anything from these two issues. Although, I do see where a company could lose a lot of money and also ruin the good reputation they once had.
A good issue to look at for discrimination is the Lilly Ledbetter case. The Lilly Ledbetter Fair Pay Act is named after a 70 year old woman, who worked for Goodyear Tire Company and was paid far less than her male co-workers for doing the same job day in and day out (Pickert 2009). She also experienced sexual harassment many times during her employment with Goodyear Tire. At one
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Ledbetter fought and won the case being awarded $3.3 million. Only to have it reduced to around $300,000.00 by the U.S. Supreme Court. The Court also voted 5-4 against Ledbetter, that she was not entitled the compensation because she filed her claim more than 180 days after receiving her first discriminating paycheck (Pickert 2009).
The court then sent stated that this was an issue for Congress to “clear up”. Clear up is just what Congress did. The Lilly Ledbetter Fair Pay Act was the first piece of legislation that President Obama signed into law after taking Office. This law states that workers discriminated on the basis of gender have a fair chance to sue their employer, and that each discriminated pay check, a person has 180 days to file suit (Pickert 2009). Not only after the first
Williamson later filed a complaint with IAD that Bozeman had retaliated against her for her complaint against McLeod. She advised she was shunned, taunted and given a less desirable assignment that caused her to lose overtime possibilities. IAD eventually found her sexual harassment to be not sustained and McLeod only received a written reprimand and Bozeman faced no disciplinary action. Williamson filed an EEOC complaint and this led to suit against the City of Houston. A jury ruled in Williamson’s favor and she was awarded lost compensation and punitive damages.
Hence, Rosanne winning this case and is receiving monetary damages for the loss in wages and
According to the new law, employers will be prohibited from paying their employees of opposite sex a lower pay rate when the job duties are “substantially similar.” Previously, laws were in place protecting
In turn, the company refused to meet the arbitrators award. Consequently, the union petitioned the district court according to section 301 of the Act, seeking reinstatement and back-pay for Miss. Sparks, along with
Goodyear Tire &Rubber Co. the statute of limitations would apply to this situation. The Title VII imposes a statute of limitation period which is 1800 days, after which employees may file claims of illegal discrimination against employers (Martocchio, 2013). Mary’s claim would not be substantiated because she made the claim within the 180 day statutory period. The claim would have had to be made within 180 days before she started the claim process.
In the article, "The (Not-So-Secret) War on Moms: How the Supreme Court Took Protections Away from Pregnant Workers" by Ariela Migdal, Ariela talks about the Supreme Court's decision 5-4 that an arrangement in the FMLA (Family and Medical Leave Act) giving specialists time off to watch over their own particular genuine wellbeing conditions, including pregnancy and labor, can't be implemented by state representatives in harms claims against their open managers. In Coleman v. Court of Appeals of Maryland unprotected open representatives of the privilege to occupation insurance when they have to require significant investment off while pregnant. Most of the Court concurred that the law was not advocated as a solution for an example of unlawful oppression ladies or pregnant specialists. Equity Ruth Ginsburg's contradiction was that the FMLA was drafted as sexually unbiased reaction to the way that past authoritative triumphs, including the Pregnancy Discrimination Act of 1978, which corrected the social equality laws to restrict work victimization pregnant laborers. Like before, pregnant specialists are as of now being pushed out of the work environment, pregnant laborers ought to remain at home, and ladies who take maternity leave pay an overwhelming cost for
Even if the Court uses the “materially adverse change” standard, the 37 days without pay was an adverse employment action. Many workers live pay check to pay check and going over a month without pay is devastating. Because her transfer and suspension came immediately after her initial complaint was filed, it is a clear violation of the “reasonably likely to deter”
This Act strives to protect the employee that may face discriminatory pay on all categories such as race, gender, age, color or any disability that the employee may be facing. The Act also creates larger burdens for the employers to defend against alleged discriminatory decisions or practices that may have occurred prior to the Act being signed by President Barack Obama. The decision of the Ledbetter Act doesn’t really protect a large variety of victims that are faced with pay discrimination, simply because it ignores the actual workplace reality that occurs. Many employees do not have access to other coworkers’ salaries due to that information being confidential information. This would be the only way for a person to be able to find out if they are being paid less than others that are doing the same job as they are in their organization.
I. BACKGROUND The history of Title VII of the Civil Rights Act of 1964 (hereinafter referred to as Title VII) is very intriguing. It is connected with a southern filibuster against federal civil rights legislation in the United States. This southern filibuster ended by the U.S. Congress for the first time in June 1964, while, on July 2, President Johnson signed the Civil Rights Act of 1964 into law (Arnesen 2007, p. 251). Given this, Title VII, Equal Employment Opportunity, should be considered the most significant part of the whole Civil Rights Act of 1964, because Title VII stimulated visible rise in minority and women group employment.
Pay equality has been a topic of discussion since women became a larger part of the workforce back in the 1940s. Politicians made efforts to help close that gap, with legislation being passed in 1963. Still, the gap remind wide. In 2007, Lilly Ledbetter sued Goodyear Tire & Rubber on the grounds that she had been discriminated against, leading to her being paid less because she was a women. This paper will discuss the issues that Ledbetter brought all the way to the US Supreme Court.
During the historical Gilded Age and Progressive Era, the Fourteenth Amendment was, debatably, the most important document of the future; furthermore, it is logical to conclude that however it was initially interpreted would have a considerable impact on the decades to follow. Thus, the Supreme Court's’ initial rulings- on the Slaughterhouse Cases and Bradwell v. Illinois- regarding how the Fourteenth Amendment protected the legal rights of all citizens practically diminished the Fourteenth Amendment to merely a piece of paper; the Supreme Court justices, who opposed the Fourteenth Amendment, used their power to to purposely misconstrue the meaning behind the dual citizenship clause- All persons born or naturalized in the United States are
This prevents women from having any kind of opportunity in entering a workforce field were just man are expected to be. But even if they were to get a chance to actually work in any of this fields, in addition to having to work twice as hard in order to get the job, are then paid
With equal pay, poverty would decrease by more than a half. Supporting evidence from the President and CEO of the IFWPR, Dr. Heidi Hartmann, is “ Providing equal pay to women would have a dramatic impact on their families. The poverty rate for all working women would be cut in half, falling to 3.9 percent from 8.1 percent. The very high poverty rate for working single mothers would fall by nearly half, from 28.7 percent to 15.0 percent, and two-thirds would receive a pay increase.” (Clark, Hartmann, & Hayes, 2014, p.1) It is important to notice here that how much of humankind living in indigence would gain from this.
Although there has been fight for women 's rights and equality; major companies still don’t pay women the same as
On July 5,1981, employees in San Jose, California went on strike because of unequal pay of comparable work between men and women. Working women believed they were not receiving the equal pay for the same amount of work as men. They felt discriminated, undervalued, and wanted it to see a change. After many confrontations, protests, threats, heated arguments and numerous meetings, the city councils have agreed on increasing wages and distributing equal pay among employees with comparable work. The women of San Jose, California realized the unjust discrimination they were being dealt with and took action to make a change.