Would this case between Hooters and Smith, and Convery be considered discrimination given the information provided? My answer would have to be no, by reviewing this scenario no laws were ever violated under any acts of discrimination towards their treatment. These woman merely stated this is what happened, but Hooters has denied their claim stating they never told these girls anything to this effect. Convery claims that she is being discriminated against because of not just her weight, but also because of a disability; is not a legitimate case. This company never said one couldn’t have a child by any means, what they merely are suggesting is to stay fit; and be proud of your physical image. That’s because having a child is a natural thing, and losing of the weight their after is not seen as a disability under any laws. …show more content…
While in her state they passed a law about discrimination in regards to one’s weight, this still may be a hard case to prove due to how the law was written. When it was passed by law makers, many people may not even be aware of the many changes that have taken effect in terms of discrimination; it’s never been an easy thing to prove. This is because these laws have so many stipulation, like for instance, some companies may be exempt from certain laws like small businesses like for example: “Title VII of The Civils Right Act of 1964 and Title I of the Americans with Disabilities Act apply to employers with 15 or more employees” (Martindale-Hubbell, 2015). Although, this situation is quite different than the example given it’s used to open one eyes on just how tuff things are to prove, when dealing with such a touchy subject as discrimination in the workplace. Today many people feel this is what is taking place, when really the companies are really within the laws; and there is no
Chick-fil-A is One of the top fast food restaurant in the South. McDonald's is also one of the biggest fast food restaurant in the world, but bigger does not mean better. McDonald's food it's cheap, but you're also paying for cheap quality. McDonald's and Chick-fil-A are both really clean but Chick-fil-A is more plane cut, and Chick-fil-A waiters are the best.
Rhode gives several examples of discrimination to support her intended audience of various individuals in work environments who have been were fired or passed over from being hired, due to issues of body weight and/or appearance, despite their qualifications for the intended job. Rhodes makes the case that appearance discrimination is a “civil rights issue,” and that
Discrimination refers to the unequal treatment of persons based on characteristics that are illegitimate for or irrelevant to the outcome in question. I believe that discrimination within privately owned physical therapy practices occurs often. The goal on gender equality and impact of gender discrimination varies from country to country, depending on the social, cultural and economic context. Anti-discrimination laws have performed a critical role in expanding work place opportunities for women, yet they are still denied full equality in the workplace.
Workplace discrimination takes place when an employee is hostilely discriminated against for one or more reasons, including gender, religion, age, sexual orientation, ethnicity or race. Per the Equal Employment Opportunity Commission, racial discrimination comprises of treating a job candidate or employee negatively because they are of a certain ethnicity or because of particular features linked with their race, such as hair texture, facial features or skin color. While the law forbids workplace harassment and discrimination in all facets of employment, from hiring and training to raises and layoffs, the EEOC still reports thousands of claims a year. One such claim was filed by the EEOC in the U.S. District Court of Minnesota against Alliant Techsystems (ATK), on behalf of Tyeastia Green.
An employee bringing a suit must meet the McDonnell-Douglas Test. which came from the McDonnell Douglas Corp. v. Green case and in this case Keene met the requirements. First, an employee must belong to a protected class, in this case Keene was older than 40 years. Second, she also met the qualifications of job. Third, the employee must be rejected or suffer from another adverse job action. Keene was terminated from her job. Last, but not the least, the employer seeks another person with similar qualifications or treats the employee differently. The 61 year old employee was replaced with a 24 year old employee. Also, under the Age Discrimination of Employment Act, Dillard’s has over 40 employees and it cannot fire an employee based on age. While the plaintiff established prima facie, the defendant failed to provide a successful defense or preponderance of evidence (Meiners, Ringleb, & Edwards, 2014, p. 444). It is illegal to make employment decisions based on age.
The next story is about an employment discrimination based on disability. A disability is defined as a lack of physical, mental or social fitness; something that disables, a handicap. (Reader Digest Webster Canadian Dictionary and Thesaurus) This story started at Tim Hortons Canadians favourite coffee chain was ordered to pay a formal employee $12,500 plus three months’ worth of wages lost to Joanne Ko-Csonka. Joanne who was a former restaurant designer was fired. (Friscolanti, 2014) She was fired because she suffered from a legitimate medical issue that forced her to miss work. (Friscolanti, 2014)The first medical leave happened in late 2010 which was a month long. She underwent surgery for a potentially cancerous conditions. (Friscolanti,
The following essay describes discrimination lawsuits brought up against the Hooters restaurant chain. Employees in Michigan filed suit and said they were discriminated for being overweight while employed as servers. According to Leanne Convery, who was one of the women who fired, she weighed 115 pounds at the time and four-feet-eleven at the time. She was encouraged to take stimulants such as Adderall and appetite suppressants to speed up weight loss (Foley, 2010). Hooters found a way to navigate the discrimination laws using bona fide occupation qualifications (BFOQ).
Jennifer alleges that she was terminated because of her pregnancy. She neglects the fact that Greene’s discharged her because her position, junior executive secretary, is redundant to the company. It is transparently that Jennifer is a member of protected class and was dismissed. Yet Greene’s did not violate The Pregnancy Discrimination Act (PDA) under Title VII. According to Title VII 42 U.S.C. § 2000e-2(a), it is an unlawful employment practice if an employer discharges any individual because of such individual 's race,
According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.
Over the years the national chain restaurant Hooters has had lawsuits brought against them for discrimination based on gender. Currently, the issue is weight discrimination. Not just one lawsuit, but two, and maybe three lawsuits may be filed. The waitresses claim that they lost their jobs because they weighed too much. They were put on a 30-day weight probation and offered gym memberships. The ethical issue here is the fact the company practices such discrimination and justifies their actions by claiming that the waitresses are entertainers. Not to mention, the waitress in question weighed 13 pounds less than when she was hires in 2008. Unfortunately for Hooters the Michigan Elliott-Larsen Civil
Fast Casual Restaurant fast casual restaurant is a type of restaurant that does not offer full table service but promises a higher quality of food and atmosphere than a fast food restaurant. In the USA it is a relatively new and growing concept to fill the space between fast food and casual dining. The typical cost per meal is in the US$8–$15 range. Two emerging fast casual restaurants are Chipotle Mexican Grill and Panera Bread.
According to the FEHA, California law excludes from coverage to individuals who are not capable, even with reasonable accommodation, to accomplish job duties of the position held. Additionally, according to California Legislative information, section 12940, subdivision (m)(1), makes it unlawful employment practice to “fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee.” Moreover, the FEHA defines reasonable accommodation to involve “reassignment to a vacant position.” Furthermore, the court overturned the jury’s verdict that city of Los Angeles discriminated against the five
First, it is clear to both parties that Eliza is pregnant. Therefore it is an undisputed fact that she is part of a protected class. Second, she only received a disciplinary write up once since she joined the ISP. In additon, her performance evaluations stated that her overall performance was satisfactory to above satisfactory. Furthermore, her superiors upgraded her statues to be eligible for a promotion. Therefore, it is clear that she has performed her job in a satisfactory manner. Third, because the ISP was unable to assign her light duty work, her responsibilities declined, her commute time doubled, and her commute cost doubled. Therefore, it is clear she suffered from an adverse employment action. Finally, there have been multiple members in her police department who have received light duty work when they had medical issues. Because Eliza had a medical issue and was unable to receive light duty work, it is clear that she was treated differently than her other co-workers. Therefore, Eliza is able to bring a claim of discrimination against the
The Pregnancy Discrimination Act was an amendment to title VII of the Civil Rights Act of 1964. Under the Pregnancy Discrimination Act of 1978, it is illegal for an employer of 15 or more workers, to discriminate against a person because of pregnancy, childbirth, or pregnancy-related conditions. This means
In the case of Dukes vs. Wal-Mart Stores Inc. (Dukes), the court found that there was a lack of significant proof that Wal-Mart had a general policy of discrimination (Schipani,