Alternative Dispute Resolution in Non-Union Employee Relations
In 2010, Ellen Pao (a woman, who according to Slate magazine is educated in business, law and engineering) filed a discrimination suit against her employer, Kleiner Perkins. In 2015, after a trial that lasted nearly one month, the jury found in favor of Kleiner Perkins. Although this wasn’t the outcome that people had hoped for, many believed that the case represented an important moment for professional women: Despite Pao’s loss, the public’s awareness of the discrimination women face in male dominated environments had increased as a result of her public pursuit.
While Pao may have been motivated in part by the desire to increase public awareness, one of her primary interests must have been to the desire resolve her personal grievance, which resulted from the way she’d been treated during her tenure at Kleiner Perkins. That Pao had her day in court to address these issues is somewhat rare. Evidence suggests that attorneys accept few of the cases brought forward by employees (Mahony & Klaas, 2007). Most who find themselves with a grievance are left to the dispute resolution processes established by their companies, or with no course of action at all.
It is difficult to say what Pao’s experience would have been had she sought (or been able) to resolve the issue through private channels; Alternative dispute resolution in today’s non-union employment environment takes many different shapes. Despite this
Women’s equality has made huge advancements in the United States in the past decade. One of the most influential persons to the movement has been a woman named Ruth Bader Ginsburg. Ruth faced gender discrimination many times throughout her career and worked hard to ensure that discrimination based on a person’s gender would be eliminated for future generations. Ginsburg not only worked to fight for women’s equality but fought for the rights of men, as well, in order to show that equality was a human right’s issue and not just a problem that women faced. Though she faced hardships and discrimination, Ruth never stopped working and thanks to her equality is a much closer reality than it was fifty years ago. When Ruth first
Throughout the 20th century, one of the most controversial topics is the equality of men and women. From the workplace to the athletic fields, many activists have made it their life’s work in order to see women able to have the same opportunities as their male counterparts. In some cases, there has been legal action made in order to facilitate these reforms and ensure that they will be enforced. In most cases, these laws have accomplished exactly what they have set out to do. The nineteenth amendment allowed for the suffrage of women, and Executive Order 11246 prevents any employer from discriminating anybody in the hiring process and in employment, to include equal opportunity as far as advancement and salary are concerned. Both of these have
Managers and employers are cautioned to pay close attention to these court cases as to avoid performance and legal action related to post 9/11 backlash. These cases identified organizations that were unsuccessful in having discrimination cases dismissed because there was a “failure to promptly correct improper behavior when brought to its attention” and retaliation and/or abuse from managers or co-workers (Borstoff 2011 & Malos 2010, p. 307).
Umbridge has been an activist for about ten years now and still continues to be so. He believes “women’s liberation was bad for our country” and “women’s place should be at home.” To his belief, he has joined with other activists who shares the same ideologies and created a blog. Several of them, including himself, have participated in public demonstrations to get out messages to the public. The client admits that they have been in the news a lot, as well as nation-wide newspapers, and have appeared in public events. Due to these circumstances, his boss, Ernie McMillan, found out about his activist involvements. The client believes his boss found out last summer in July or August when the activists created a high-profile blog where names were released and the media had their attention. The blog itself was very “prevalent,” the client admits, meaning the blog had a large publication and its sources are publicized to the public. As a result, the department of corrections had found out about his activities and his boss dismissed him from the workplace. However, before they fired him, his boss placed him in a remediation plan hopefully to help him stop his activities but as the client states, “It was a build-up of a paper trail so they could fire me if I did not stop doing
Dating back to the 1800’s, racism and gender inequality have played a prominent role in America. Ranging from slavery to the Jim Crow laws to the war on drugs, racial inequality is present in our everyday lives. Likewise, gender inequality is also as prominent as there are many inherent barriers for women in the workplace such as sexual harassment, inability to ascend into high ranking jobs and stereotypes involving gender roles. Even with the implementation of anti-discrimination laws, racial and gender inequality would still be present in our society because many disparities between race and gender are not caused by explicit discrimination but rather implicit discrimination. Anti-discrimination laws promote equality in theory, but not so much in practice as legal reasoning isn’t exempt from ethical or political beliefs.
2a. Source B is a panel discussion between 5 different parties that were interested in discussing women and their troubles within the corporate world. The moderator during the discussion was Barbara Jones, senior editor of Harper's Magazine. The discussion took place in 1997 following the resignation of Brenda Barnes, the CEO and president of Pepsi-Cola North America. She decided to resign to be able to spend more time with her children. Media considered her a “casualty of anxiety and ambivalence forced on women by the terms of corporate success.” (Giving women the business: on winning, losing, and leaving the corporate game.Panel Discussion. n.d.) Many women felt her quitting put them back a long time because she had worked so hard to gain that position to quit and stay home with her children. Women had to fight so hard to get to the top, they felt she shouldn't have told them the reason she was quitting was due to her wanting to be a stay at home mom. Feminism had just began to really gain acceptance during this time in the 1990’s and the discussion talks about corporate culture and how women could succeed when odds were
In the latest article “Has Anything Really Changed for Women in Tech?” Ellen Pao concludes that finally after all these years of women being punished for reporting sexual harassment at work, tech companies are starting to look into this issue and realize that it is a problem and something needs to be done about it. It’s worth noting that Ellen Pao herself had to leave Google after coming forward accusing male employees of discrimination in a lawsuit she ended up losing. She was offered and refused twice a settlement offer from Google in the amount of a few million dollars! for her to stop pressing the
Since the 1920’s women have worked hard to be considered as equal citizens in our country. The book Of Mice and Men by John Steinbeck shows the gender discrimination back in the 1930’s ; and the Houston Chronicle article “The Effects of Gender Discrimination in the Workplace” by Samantha Gluck shows gender discrimination today. Gender discrimination has been dealt with for decades; despite the legislation for equality, many women to this day still feel gender based discrimination exists. Victims of gender discrimination experience offensive judgment. In Of Mice and Men the workers on the ranch constantly made jokes about curley’s wife.
In American society, individuals are constantly subjected to discrimination and gender bias, which pollutes our education systems, military, and individuals in executive business roles. Women are more often subjected to these types of issues and have sought remedy for their issues by looking toward legal theoretical frameworks like Formal Equality, Substantive Equality, and a Non-subordination/Dominance theory approach, which set the guidelines for how to identify and dissect the problem.
Donna Driver unintentionally ran a red light, and caused a car accident with Vic Victim. Vic sustained severe injuries. Donna’s auto insurance policy with Gekko has liability coverage limit of $100,000.00. Vic’s medical bills alone run close to that, and there’s also his loss of work and pain & suffering to be taken into account. Vic wants to settle the entire case for $100,000.00, and Donna pleads with Gekko to do so since it is obvious that he could recover more than that based on the facts of this case. Gekko tells her that they will only offer $50,000.00, and if it’s not accepted, they will take their chances at trial.
Gender Discrimination at workplace is becoming a huge obstacle for an individual’s professional growth. Despite the efforts of the law many reports are
Women are one of the most groups being discriminated against today. They try very hard to fit in and be successful in their careers. Discrimination against women is found in many workplaces. Some managers try to fix this problem, but others just ignore it. Companies that pretend that gender discrimination doesn’t exist are usually the ones that get sued for it more often. Other companies try to avoid law suits by dealing with gender discrimination and resolving conflicts before it gets to the law suits.
Jack and Jill, residents of Orlando, FL, had a nasty incident involving a hill, some water and a broken crown, in which both parties got hurt. Jack and Jill ended up suing each other in Florida state court. After a few months of nasty motion practice, Jill comes to your office and tells you that she's heard of this wonderful thing called mediation, under which she and Jack could be helped to reach a settlement. She has a few questions for you about mediation, all under Florida law:
For my research question I will be asking: “How is America making progress on gender equity?” Fundamentally, I believe that women are still misrepresented, and are still facing many challenges in the workplace, especially in the business world. The gender stereotypes play a considerable role in the way the society sees women as leaders. However, it will be judicious to consider the small but noticeable changes that have been made over the past years concerning gender equality in the American workplace.
Conflict resolution is used in various aspects of counseling and other forms of helping professions. It is vital that conflicts between opposing parties are managed in order for progress to be achieved. By maintaining a controlled environment during the negotiation process, the two parties will often be able to come to a resolution of their differences. Sometimes it can be difficult for two parties to work together without the help of a third party to assist in the process. This person can work as a mediator or arbitrator between the parties, able to make suggestions throughout the negotiation, and or make a decision for the parties (Barsky 2000). These are forms of alternative dispute resolutions that are