Essay on Case study: Local 28 vs. EEOC

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

Belton, R. (2004). Employment discrimination law: cases and materials on equality in the workplace. Thomson/West

The proof of discriminatory intent is not required and although the court concluded that TVA’s processes with interviewing had been manipulated to exclude African-American candidates in general, the court disagreed, citing the “lack of statistical proof demonstrating that a protected group was adversely affected thus establishing a “prima facie” case” (Walsh, 2010). Dunlap did not prove, within the evidence presented, that the procedures TVA used were practiced prior. Although the district court concluded that “TVA's interview process had been manipulated to exclude African American candidates” (Walsh, 2010), the court of appeals disagreed because it did not believe there was analytical data that blatantly prove how any protected group was impacted adversely. The court found that Dunlap can only challenge his specific interview processes and not an entire group.

The mission of the EEOC, as set forth in its strategic plan, is to promote equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws, education and technical assistance.

Weber, 443 U.S. 193 the court reversed the appellate court affirm the district court finding of collectively bargained affirmative the plan of action violation of the title vii of Civil Rights Act 1964. The Judicial finding some craft exclusion to the rule Such as the following cases, United States v. Elevator Constructors, 538 F.2d 1012 (CA3 1976); Associated General Contractors of Massachusetts v. Altschuler, 490 F.2d 9 (CA1 1973); Southern Illinois Builders Assn. v. Ogilvie, 471 F.2d 680 (CA7 1972); Contractors Assn. of Eastern Pennsylvania v. Secretary of Labor, 442 F.2d 159 (CA3 1971); Insulators & Asbestos Workers v. Vogler, 407 F.2d 1047 (CA5 1969); Buckner v. Goodyear Tire & Rubber Co., 339 F.Supp. 1108 (ND Ala. 1972), aff'd without opinion, 476 F.2d 1287 (CA5 1973). Also well as, U.S. Commission on Civil Rights, The Challenge Ahead: Equal Opportunity in Referral Unions 58-94 (1976) (summarizing judicial findings of discrimination by craft unions); G. Myrdal, An American Dilemma 1079-1124 (1944); F. Marshall & V. Briggs, The Negro and Apprenticeship (1967); S. Spero & A. Harris, The Black Worker (1931); U.S. Commission on Civil Rights, Employment 97 (1961); State Advisory Committees, U.S. Commission on Civil Rights, 50 States Report 209 (1961); Marshall, The Negro in Southern Unions, in The Negro and the American Labor Movement 145 (J. Jacobson ed. 1968); App. 63,

Discrimination can come in many shapes, forms, and actions in the operation of business in today’s global marketplace. Many laws and regulations have been implemented in an attempt to protect workers from any type of intentional workplace discrimination. However, there are still companies which operate outside of these regulations and must face the repercussions for their actions. Presented is an analysis of one such organization in the case of the Equal Employment Opportunity Commission (EEOC) vs. Alliant Techsystems, Inc.

This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.

Along with this ruling, the Supreme Court appealed this case. It was believed that the plaintiffs in the case needed more proof. The court wanted the plaintiff to show more reasoning why that individual was denied a job based on race, creed, color, or other factors. The Supreme Court also wanted the employer to show the reasoning behind the testing or the requirements of the job. As a result, the case moved closer to disparate treatment. However, in these types of emotional cases proving the case can be tedious.

As well as providing relief for damages in cases of intentional employment discrimination and clarifying provisions regarding disparate impact actions.

The plaintiff declare that had no balance between the employer’s interest in operating its business efficiently and profitably and the employee’s interest in continued his employment “Termination of employment without accommodation or Workers’ compensation deprived the employee of his only source of income, his social standing as well as his ability to earn a living, resulting in

Another example is Kevin &J Company Inc. (Atlanta based company) versus a former employee for a violation of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination ACT of 1978. In this case the former employee was terminated after informing her store manager she was pregnant. The company had to pay $15,000 dollars to the employee when the case ended and also had to implement educational resources for their employees so they would be aware of their

The EEOC may determine that there was no reasonable cause the justify a claim of discrimination having occurred and would issue a Dismissal and Notice of rights that would inform Ms. Conrad that she had the right to file a lawsuit in federal court within 90 days from the date of the receipt of the letter. If the EEOC had determined that there was reasonable cause to believe discrimination has occurred then both the organization and Ms. Conrad would receive a letter of determination that invites both parties to join the agency in finding a way to resolve the charges. The final option would involve the EEOC enforcing the violation of its statutes by filing a lawsuit in federal

The U.S Supreme Court’s decision in 1986 rejected the Department of Justice's central position on affirmative action, namely, that only identifiable victims of discrimination can benefit from affirmative action. The Court strongly endorsed the use of racial goals in remedying past employment discrimination.

Samuel, I really enjoyed reading your post as I have in our other classes in this program. You gave a very good definition of EEO Laws and how important they are in the field of law enforcement. It would look very bad for an agency to be enforcing laws while they are breaking other laws with their employees. It is a must that those in an agency’s Human Resource Department know the EEO Laws and teach them every year in inservice and periodic roll call training sessions. Your sexual harassment example was very good as it shows the sorry conduct that some law enforcement leaders engage in and that training on the subject is a must, no matter the size of an agency. The example of racial discrimination was also very good in that you tried

First of all, I have learned a lot of employment law after reading this website. It is a great