According to this case, employers should be concerned enough about the avoiding of discrimination in all of the employment decisions. The plaintiff in this case is a female attorney, Gallina, who is the associate in the law firm. The problem here began when the news of her having the baby reached her employer. This incident raised only after the news reached the employer and not when she started working for the company. As soon as her employer found out the case, he started treated her badly with unusually harsh language. According to law, employers should exercise care I the decision relating to the employees who have filed charges or even filed a case against discrimination. Employers also should exercise care and caution in their language …show more content…
To me as a judge, there is no problem with that as long as the plaintiff was concerned of her employment. This case is progressed after a partner told Gallina that she was no longer perceived as a committed as other lawyers and therefore she has to decide whether she is going to work as a successful lawyer or she wanted to be a successful mommy. This then led to termination of her employment on poor performance ground. This is in contrary to the fact that other attorneys in her office terms her works as good work. This was followed by her termination of work. Prior to this action, the decision was made to annually withhold the plaintiff salary. This caused the plaintiff untold suffering (Jones, 2006). Another burning issue with the case against plaintiff is that all the negative evaluation were from the partners in her own office while the partners in the other office were positive. This to me is a form of discrimination of highest order. As a lawyer, I support Gallina’s case because she has an overall good remarks and the problem only rose when the news of her having a baby was
9/14 pm shift - Observed male agent and female agent in the office just before bags arrived off flight 2018. Previous to the bags arriving on the carousel the office was open but there was no visible agent (they were in the back area). Agents should be visible and available to assist customers during office hours. Both agents were observed scrolling and texting on their phone in view of customers. Female was texting while the male was assisting a customer. This does not present a professional appearance. No claims were taken. Agents greeted customers asking a question and listened to their needs, however, few smiles were offered. Male agent was wearing an old LAA uniform and name bar and female was not wearing the required cross functional uniform or name bar. Observed the baggage delivery of flight 2018.
The EEOC also administers and enforces the civil rights laws. The EEOC provides programs to prevent discrimination before it begins through programs such as education and outreach programs. They have the responsibility to provide guidance in all aspects of federal government equal employment opportunity program by assuring the compliance with EEOC regulations and providing. The role of the investigation is to fairly and accurately assess the claims and then make a verdict. If there was a positive discrimination case has happened, the EEOC will try to settle the charge, if not the EEO has the authority to file a lawsuit to defend the rights of individuals and the welfare of the public. If there is no case of discrimination, there will not be
Although there were provisions, Ledbetter case should not have been dismissed. The review before the start of the 180 day limitation period should have shown low reviews. If everyone’s reviews were hire there still could have been an argument of discrimination. If Ledbetter was being discriminated due to her gender then she should have been awarded something for the discrimination. If they were able to see discrimination through her entire employment there, it should have been shown that it could have been discrimination since the beginning of her
In this case of Toronto Transit Commission v. A.T.U., the union grieved foreman, Mr. Vito Stina’s harassment as it provides an unhealthy work environment. Union sought his removal, however, employer did not accuse the foreman with any harassments. The arbitrator was noted that foreman has harassed griever with criticisms and public humiliation, that crossed the boundary. The harassments continued on a regular basis, which showed ignorance and disrespect. At the end of the day, foreman has ripped apart griever’s dignity. Griever had filed a hand to the employer explaining the harassments he has been experiencing, however, not much was done. When the arbitrator was informed about this issue, arbitrator had to conclude that the negative influence and the impact on the griever was too big to ignore. Therefore, it provided griever $25 000 for the hardships. Then, arbitrator stated new rules surrounding this problem in order to minimize the may arise: (1) the employer now has to ensure the griever had a harassment free workplace, (2) employer was to not work the the griever in the same area, and (3)
The court should take a look at what the partners said like, “she was sometimes overly aggressive” (Nkomo, Fottler, McAfee, 7 edition, p. 57). The judge should rule in favor of Thelma Jones because she is being sexually discriminated. The employer did in fact discriminate unlawfully because you’re not allowed to tell a woman to be more “femininely” just to get a higher position.
On October 16, 2012, Complainant filed this action against Respondent, alleging discrimination on the basis of Age (64 years old) in violation of M.G.L. c. 151B § 4(1C) and the Age Discrimination in Employment Act of 1967. Complainant alleges that he was terminated and replaced by someone at least five years younger.
In a precedent-setting decision in 2000, the state Supreme Judicial Court of Massachusetts upheld a superior court ruling in Carmichael Vs. Wynn & Wynn noting in the text that "discriminatory animus was a factor in the decision not to hire a pregnant woman."
On the other hand, harassment becomes unlawful when an employee is faced with enduring offensive conduct as a condition of employment, or the harassment results in an environment that is intimidating, hostile, or abusive (Perry, 2001). Next, the Equal Pay Act serves to ensure that men and women be given equal pay for equal work in the same workplace. This does not necessarily mean that the job titles have to be the same; however, job content determines whether they are substantially equal according to the law. The judgment should affirm the jury’s verdict on the retaliation claim and the grant of summary judgment on the other discrimination claims. Third, it is clear that the plaintiff had engaged in protected activity, which is opposition in the form of raising her concerns about sex discrimination in the Reston office with multiple other parties in the firm, and that she suffered the adverse employment actions by having a pay increase withheld and being terminated (BRAKE,
Another legal case that was reviewed, and is a directly correlated to EEOC and Civil Rights discrimination issues is the Alaimo v. Thompsonville Fire District #2 and Collen Ann Reidy. In this case we again see Civil Rights Act violations as well as Federal Rehabilitation Act of 1973 under 29 USC § 791 and Fair Labor Standards Act of 1938 violations (Phelan, 2015). Additionally, we see State of Connecticut Workers Compensation Retaliation Violations related to Conn. Gen. § 31-290a and Conn. Gen. § 31-76b. In this case we again see retaliation against Alaimo for he didn’t agree with a politicians plans not to build a new fire station. Instead of following the laws, statues, regulations and policies as they relate to an employee the Commissioners
Discrimination lingers under the diversity of the United States. Minorities across the country are targeted and eventually fight for their respect or learn to ignore the harassment. These struggles have caused beautiful revolts and renaissances throughout history. What are a few examples of these cases?
If I were in the position of the pregnant employee, I wouldn´t agree if the company fire me. As pregnant employees are overprotected, I would fight against the company until they lose the case.
What is discrimination? Discrimination is treatment or consideration of, or making a distinction in favor of or against a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit (dictionary.com,2010). In America, there has been many cases of discrimination from both the past and present. Statistics shows that 49% of African American and 11% of Hispanic feel a great deal of discrimination.(Episcopal News Service,2013) Discrimination and racism has some great similarities when it comes to the way people were treated and still being treated in today’s time. So, racism will be mentioned frequently. Therefore, I will discuss the difference between
Who has to prove a company discriminated against an employee? Do you agree with the burden of this obligation?
Harassment and discrimination claims are due to lack of education about the subject. As an independent human resources consultant, Santiago-Santos will organize a local education campaign and provide employers with different trainings to educate them and their employees about harassment and discrimination. Employers will have a better understanding on how to develop internal policies and procedures to address these claims. Also, trainings will be provided for employees and they will be educated on how to prevent and identify harassment and discrimination as well as what steps to take in order to report such behavior.
Racial discrimination will forever be the center of society. There is no getting around racial discrimination. Shoot, I now believe there is such a thing as reverse discrimination, will save that for another time. Throughout our country’s history we have seen racial discrimination at it’s worst. We are always seeing changes to racial discrimination. After reading chapter three of our textbook, I noticed a trend in issues related to discrimination in our book. Most of the comments came from studies done in the 1980’s, which I truly believe there were a lot of issues with race related stops between police-suspects. I know there is discrimination still in our judicial system, I wish there was a way to end it all, but unfortunately it may never