Equal Opportunity Employment Commission vs. HCS Medical Staffing Inc: A Case Study

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

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.

First, the legal issues, in this case, are The Equal Employment Opportunity Commision filed a sex discrimination lawsuit against the Dial Corporation. The court decided that Dial Corporation did nothing wrong and there were no legal erras on the conclusions or liabilities.

Separate Opinions: Judgment was affirmed by Judges Lundberg Stratton, O’Donnell, and Cupp, JJ. , as they believed Allen was discharged for taking unauthorized breaks from her scheduled employment. Since Allen failed to present evidence of a discriminatory motive from Isotoner, or that reason for releasing her from employment was a ground for discrimination, Lundberg Stratton, O’Donnell, and Cupp, JJ. felt only the issues presented by the facts of Isotoner discharging Allen due to ‘unauthorized breaks’ should be decided on, while issues of the facts not directly placed on issue should only be responded to with advisory opinion.

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.

Equal Employment Opportunity Commission (EEOC) enforces the federal laws that make it illegal to discriminate against a job applicant or employee. An employer cannot discriminate due to a person’s color, religion, race, gender identity, sexual orientation, pregnancy, national origin, age (40 years or older), genetic information or disability. This applies to wages, harassment, training, benefits, hiring, and firing. EEOC’s role in any investigation of discrimination is to accurately and fairly take in the information of the charge and then make a finding. If the EEOC found that there was indeed a discriminating case then they will try to settle it. If the employer does not settle then the EEOC may file a lawsuit. (Overview.

EEO states which is that EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. These laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

In paper, Greene’s Jewelry has a strong case against Jennifer Lawson because Jennifer breached the confidentiality agreements that she signed with Greene’s Jewelry. In the agreement, it specifically indicated that Jennifer could never disclose any information regarding “Ever-Gold” creating process, which is patented and owned by Greene’s Jewelry. Jennifer not only stole a draft letter that contains the details of creating Ever-Gold but also took it to Greene’s competitor Howell Jewelry World in order to obtain a job offer from the company. The employment contract that Jennifer signed with Howell is a certain evidence of her unjust enrichment. Regarding Jennifer Lawson’s claim that she encountered wrongful termination at Greene’s, it is simply a misinterpretation of Greene’s legitimate reduction in force. The company no longer had a need for any junior executive secretaries. The downsizing was unfortunately but legal.

 If a doctor or health care provider says their patient is sick and unable to work during their pregnancy, they may be able to get up to 12 weeks off without pay under this law.

In a perfect world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we always face all kinds of neglect based on different attributes. All over the United States, certain people treat others with prejudice because of particular features they possess. Unfortunately, prejudice and discrimination occur even in places which, by definition, should be free of all personal prejudices – specifically, in offices and other business surroundings. This tragedy is called workplace discrimination; not every unfair behavior at work, however, can be assessed as discrimination. Discrimination in the workplace happens when an employee experiences unfair treatment due to their race, gender, age, religion, marital status, national origin, disability or veteran status, or other characteristics. Discrimination is one of the largest issues people face in the workplace and it must be dealt with. The U.S. have laws and regulations on discrimination but it still often occurs. Workplace discrimination appears in hiring, training, promotion, firing, and other institutional or interpersonal treatment. Discrimination sometimes causes an employee to leave or quit the workplace, resign from a position, or in more severe cases, to commit suicide or act violently against the discriminators. Discrimination is one of the largest issues many people face in the workplace.

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.

Pregnancy discrimination in the work place is alive and well in the 21st Century. There has been an increase in the need for laws protecting the rights of pregnant women. Due to disparate treatment of pregnant women, laws have been established to protect their employment rights. Although laws are in place to prevent such discrimination, it has not eliminated the problem of employers discriminating against pregnant women.

The EEOC laws, or Equal Employment Opportunity Commission, are federal laws that enforce employers to not discriminate against applicants of any background. Discrimination by types such as age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment are all protected under the EEOC laws. It is also illegal for an employer to “discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” (EEOC , n.d.) The EEOC laws are to help serve justice and to create an equal work environment for people of any kind. The EEOC wants to accomplish the goal of having every applicant to feel at home without being discriminated against. These laws not only affect an employer hiring an applicant however; it affects them in firing, promoting, harassing, training, wages, and benefits. The EEOC’s role is to help find out if any applicant is being discriminated against and to help

While equal rights and equal pay legislation made it illegal to discriminate “based on race, color, religion, sex or national origin“ (U.S. Equal Employment Opportunity Commission, 2011b, p. 1), the number of workplace discrimination cases continue to rise and is costing employers more than $319 million in 2010, not counting litigation (U.S. Equal Employment Opportunity Commission, 2011a). Many employers have extensive human resource organizations with a sophisticated grasp on the implications of equal rights legislation on employers, that employ professionals, like I/O psychologists and attorneys, to establish fair policies and employment practices, and decrease an employer’s risk of litigation (Aamodt, 2010). In fact, employers often perform statistical analysis of employment practices to understand whether the practice could have an adverse impact against members of a protected class. For example, testing is a practice employers use for employee selection in the hiring process; even when an employment test is determined to be reliable, valid, and cost-efficient, care is taken to assure testing predicts performance equally well for all applications (Aamodt, 2010). Because governments and corporations have a fiduciary duty to citizens and shareholders, employers should continue to care about the issue of adverse impact, but more importantly, both government and corporations have a civil responsibility to treat the members of society fairly, because societal

This paper will look at how Aunt Ella’s Pie Company can avoid violating any legal laws through Human Resource Management creating policies resulting in best practice. The EEOC is "responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information" (U.S. EEOC, 2014). Therefore, Human Resource Manager (HRM) has the task of ensuring the business complies with business legal laws and avoiding lawsuits.