Civil Rights Discrimination Case

Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.

When it comes to court cases, every case that is heard in court is heard for one reason or another.

The purpose of this paper is to go over a lawsuit that was filled by the United States Equal Employment Opportunity Commission. The paper will cover who the EEOC (Equal Employment Opportunity Commission) is and their role in the lawsuit. It will go over whether or not the lawsuit promotes social change. The paper will also go over how the EEOC as well as other news groups released information about the case to the public. I will then give my take on how I would implement new strategies to make sure the problem does not come up in the workplace again.

Pro se’ is a Latin word that means "for oneself" or "on one's own behalf". It is also known as “propria persona’. Civil cases fall into two categories: “civil rights violations” and “tort” claims. Torts are also called “civil wrongs” and are a result of a “breach of duty”. They can be intentional, or a result of negligence or fall under strict liability. Many people defend themselves without legal counsel in torts cases; such as a divorce, assault and battery, child custody and child support and car accidents.

The case, Dunlap v. Tennessee Valley Authority, explores the issue of suspected racial discrimination associated with disparate treatment and disparate impact caused by the Tennessee Valley Authority (TVA) against a qualified, experienced boilermaker and foreman that is African American. Questions for the court to evaluate regarding this case include: Is this a case of disparate treatment and/or impact and was the plaintiff, David Dunlap, subject to racial discrimination? Finally, did the TVA use personal hiring practices that allowed for racial bias in the interviewing process?

On June 29, 2009, the last day of the United States Supreme Court’s 2008–09 term, the Court rendered the much anticipated decision in Ricci v. DeStefano, 129 S. Ct. 2658, 174 L. Ed. 2d 490 (2009). Ricci was quickly dubbed the “white firefighter’s case” by many, however, the case involved much more than the firefighters’ asserted right to a promotion.

It is somewhat surprising that employers continue to violate employment laws dealing with discrimination. One case, Catterson v. Marymount Manhattan College, litigated and settled in 2013, was especially egregious. According to the EEOC (2013), the college had refused,

The EEOC carries out its work at headquarters and in 50 field offices throughout the United States. Individuals who believe they have been discriminated against in employment begin the processes by filing administrative charges. Individual Commissioners may also initiate charges that the law has been violated. Through the investigation of charges, if the EEOC determines there is "reasonable cause" to believe that discrimination has occurred, it must then seek to conciliate the

165). The EEOC’s main job is enforcing the federal laws that were put in place for unlawful employment actions. When a claim is filed the EEOC will first try mediation but both parties have to accept this option before it can happen. If mediation is not an option the EEOC then has to start their investigation which will involve questioning employees. If the EEOC feels the claim is true they will then try to get the employer to change their ways and if they feel the claim is false they will send out a right-to-sue- letter. Claims filed against government agencies go straight to the attorney generals and if there is a local law in regards to the complaint made then the claims has to first be filed with the state then the EEOC. Since the EEOC was established there have been thousands of cases filed and surprisingly retaliation tends to be the top reason people file claims, racial discrimination is a close second though. Retaliation can sometimes occur when an individual files a complaint against the company they work for, this can obviously make a company look bad and some managers react in ways they shouldn’t. It is important to still always file claims against wrongful employment acts/discrimination regardless of what may come after you do; you also only have 180 days to file a claim with the

Plaintiff Jocelyn Harkin (“Harkin” or “Plaintiff”) alleges that Starboard are culpable to her for violations of Title VII by discriminating against her based-on sex, [dkt. 1 at ¶223], and for retaliation for her utilizing her rights under Title VII, [id. 1 at ¶25], and for violating the Equal Pay Act [id. 1 at ¶27]. The Complaint provides no factual allegations that meet pleading standards of the foregoing federal statutes. Since she fails to allege any basis for imposing liability against Starboard under Title VII for retaliation or under the Equal Pay Act, Harkin’s complaints of retaliation and violations

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?

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.

It is not my recommendation that ABC wait for the EEOC to perform investigation and file suit against the company. In recent history these proceedings become public affairs and will reflect poorly on ABC and its management regardless of the court’s ruling. ABC’s management should begin mediation with David to prevent suit being filed with the goal of settlement outside of court with ABC’s remedial options including:

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