First of all, Title VII of the Civil Rights Act of 1964 is a federal regulation prohibiting employers from discriminating against employees based on national origin, race, sex, color, and religion (Follett, Ward, & Welch, 1993). This act applies to employers with 15 or more employees and serves as a mechanism to ensure equality within the workplace (Fraley, 2013). This case is a violation of Title VII from the aspect of retaliation. Retaliation occurs when an individual is treated differently after such things as, filing a complaint or engaging in a legally protected activity. It can range from demotion, terminations, salary reduction, or any negative job action. Second, the plaintiff should receive judgment for the claims of sex discrimination, …show more content…
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, …show more content…
(2005). AFFIRMATIVE ACTION AT SCHOOL AND ON THE JOB. Annual Review Of Sociology, 31357-379. doi:10.1146/annurev.soc.31.041304.122155
Fraley, J. M. (2013). INVISIBLE HISTORIES & THE FAILURE OF PROTECTED CLASSES. Harvard Journal On Racial & Ethnic Justice, 2995-116.
Perry, S. J. (2001). EMPLOYER LIABILITY FOR RETALIATORY HARASSMENT UNDER TITLE VII. Labor Law Journal, 52(2), 121-127.
BRAKE, D. L. (2014). Retaliation in an EEO World. Indiana Law Journal, 89(1),
Congress amended Title VII in 1978 by passing the Pregnancy Discrimination Act and made it clear that discrimination based on pregnancy is unlawful sex discrimination. This legislation reversed the Supreme Court's Gilbert decision in 1976. Congress passed the Civil Rights Act of 1991 which overruled several Supreme Court decisions rendered in the 1980s that had made it more difficult for plaintiffs to prevail in their employment discrimination suits and to recover fees and costs when they won their lawsuits (www.eeoc.gov). The amendment stated that parties can request jury trials and those successful plaintiffs can recover compensatory and punitive damages in employment discrimination cases. This amendment has
I support the idea that women should not be forced to wear any foreign substance on their face. Research even suggests some makeup can be toxic, cause pregnancy problems and even cancer. States like California have a strict rule that demand companies to report cosmetics products sold within the state that contain ingredients known or suspected to cause cancer, birth defects, or other reproductive harm. The court decision would probably be different if the claim alleges that Harrah’s grooming policy would cause health hazards specific to women employees.
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.
2. Title VII, the provision that prohibits employers from discriminating against employees on the basis of reasons including race, sex, age, and national origin, has the most impact because it extends to other suspect classifications besides race and has been used to further the rights of women in the workplace.
Paul Morel, a former employee of Baxter Heaton, LLP, has brought suit against his former employer for sexual harassment and hostile work environment under 42 U.S.C. § 2000e-2(a). The defendant, Baxter Heaton, respectfully requests the court to grant summary judgment against Morel. A reasonable employee would not have perceived the work environment to be hostile and Morel himself did not perceive the environment to be hostile. Also, Morel cannot impute his co-worker’s conduct to the firm because the firm was not negligent in handling the matter.
I think there not enough regulations of the Title VII of the Civil Rights Acts that deals with sexual harassment and discrimination. I feel that employers should be required to train managers and employees to what qualifies as sexual harassment and discrimination. Though, I believe that the Civil Right Acts, which was used to develop other forms of anti-discrimination laws and policies with the U.S marketplace. I feel that the service and retail industry could best be benefit from regulations and laws that would require these train their managers and employees with the Title VII of the Civil Rights Acts.
In my opinion I believe the federal government should amend the Title VII of the Civil Rights Act of 1964 to include LGBT (lesbian, gay, bisexual, or trans gendered) individuals as a protected class. In 2015, the US supreme court declared that same sex marriage was legal in all 50 states. Today 2017, states such as Nevada, North Dakota and Virginia are still fighting legislation to accommodate the supreme court ruling. In the legal realm, nothing is more frustrating than things being left to interpretation with no precedent set. The declaration made to legalize same sex marriage should have not left the decision up to the states, this only creates more national struggle. Since same sex marriage has been declared legal by the higher courts,
First, LTD deliberated upon the “issue”, is this a civil or lawsuit? Can a female employee who has been employed for over 10 years be terminated by male owner due to the anxieties of his wife, ( (Bible, 2016)? Secondly, LTD reflected upon the “rule”, accordingly to the Iowa state law (Title VII of the Civil Right Act of 1964). Title VII states, any employers with at least 15 employees cannot discriminate against any employee because of this or her sex, (Bible, 2016). Thirdly, LTD discovered Ms. Nelson did not file a
In 1989, Lois Jensen and Patricia S. Kosmach, miners in Northern Minnesota, filed the first ever class action sexual discrimination suit against an employer. The plaintiffs claimed they were the victims of hostile behavior such as: sexual harassment, abusive language, threats, stalking, and intimidation. The women desperately wanted a safe working environment and to be treated with respect. The plaintiffs won the liability trial, the judge ruled that the company could have prevented such a hostile work environment by teaching its employees about sexual harassment. The landmark case improved corporate standards concerning sexual harassment nationwide. This paper will discuss the trial of Lois Jensen and Patricia S. Kosmach versus Eveleth Taconite Co., the harsh treatment and unsafe working conditions they endured, the court’s decision, and how they raised awareness concerning sexual harassment in the workplace.
The District Court correctly held in favor of Reilly & Wolf in its findings of no liability under Title VII of the Civil Rights Act for hostile environment sexual harassment by a coworker. Company policy manuals carry the same weight as a set of rules for a business, and if they are not followed properly, then there should be consequences. Reilly & Wolf worked hard on making an harassment policy that would allow point persons to receive notice, and prevent sexual harassment from recurring. If violators are able to ignore company policy, then it would be worthless and serve no function in a business. Reilly & Wolf worked hard on making an harassment policy that would allow point persons to receive notice, and prevent sexual harassment from
Title VII of the Civil Rights Act covers private employers who have fifteen (15) or more employees and forbids employment discrimination against any individual on the bases of race, religion, color, sex (including pregnancy and gender identity), sexual orientation, national origin, age, disability, or genetic information. The law also protects individuals from harassment in the workplace. Equally important, this act covers
Under the Equal Pay Act, in order for an employee to have a case, she must plead and prove that: (1) “the employer pays different wages to employees of opposite sex”; (2) “the employees perform equal work on jobs requiring equal skill, effort, and responsibility”; and (3) they “are performed under similar working conditions” (Lerum 223). In response the employer defendant can raise four affirmative defenses. The employer can prove that the wage differentials are based on: “(i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex” (Lerum 224).
Under Title VII of the Civil Rights Act of 1964, Sexual harassment is a form of sex discrimination. Federal law as well as various state fair-employment laws prohibit employers with 15 or more employees from treating members of one sex or race differently from members of the opposite sex or another race in terms, conditions, or privileges of employment. The statutory and regulatory laws govern the entire employment process from pre-employment activities such as recruiting, through an employee 's career with the organization, including termination. The prohibition against sex discrimination imposes responsibility upon employers to afford their employees an environment free from sexual harassment and from the fear that it may occur.
The Equal Pay Act demanded that wage discrimination based on sex be terminated. The act required that women, doing the same job as their male counterpart, be paid the same wage. The Civil Rights Act of 1964 stated that sex, race, color, religion, and national rights could no longer be used to deny someone employment (Gordon, 2014). While these two acts were milestones, the largest landmark was Title IX of the Vocational Education Act (VEA) of 1972. Title IX made the segregation of men and women in education illegal. Schools could no longer deny women entry to programs based on their sex. In 1976 amendments to the VEA mandated a sex equity coordinator be appointed to each state to verify that the regulations in the act were being carried out. Lufkin et al. (2007)
Abstract Court treatment of sex discrimination and harassment claims based on appearance and gender stereotyping has been inconsistent, particularly where the facts involve reference to sexual orientation. Ironically, court willingness to allow such claims may turn on the choice of verbal or physical conduct by, or the sex or sexual orientation of, the alleged offenders. Because plaintiffs in such situations may assert retaliation claims to increase their chances of