How To Reverse Discrimination Case Study

I was impressed with the oral argument of Vance V. Ball State University case. When I first listened to the oral argument I gained a clear understanding as to why petitioner Vance reason where for filing a lawsuit. Equal Employment Opportunity Commission (EEOC) enforcement under Title VII of the Civil Rights Act of 1964; make it unconstitutional for employers to discriminate against employees on the basis of race, color, religion, national origin, or sex (EEOC, n.d., para. 1). Due to the power that businesses needed to fire workers spontaneously, government and federal laws have been set up to guarantee that purposes behind end are defended and that separation does not assume a part in one's capacity to keep up their occupation (Szypszak,

Facts: Gawley was a police officer who worked for Indiana University for several years. She sued the college because she noted sexual harassment by a higher-ranking officer than she was. She also sued because she felt she was part of a hostile work environment and that officers in her department retaliated against her for filing a complaint with the college. Her final argument was that there was spoliation of evidence. The district court found in favor of the employer. The case did not go to trial because the district court granted summary judgment. Summary judgment is used to avoid trials. The decision was made based on two key decisions made by the Supreme Court in other cases and that the university was able to establish an affirmative defense. The university “may assert an affirmative defense that examines the reasonableness of the employer’s and the target’s conduct” (Kaplin & Lee, 2014, p. 167). Gawley then appealed to the United State Court of Appeals, Seventh Circuit. This case brief will outline the question, holding, reasoning, and significance of this case as it was decided by the United States Court of Appeals, Seventh Circuit.

Identify and describe the specific issues that Maalick encountered in the workplace. Do the actions of other workers at Trenton represent discrimination and harassment? What elements of laws are important for Trenton to consider?

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?

This case is about a group of women who were discriminated against based on their gender. The lawsuit was put into the hands of the Equal Opportunity Employment Commission (EEOC) after a group of Latino women that worked for Rivera Vineyard, Inc. reported multiple complaints. Those involved included Rivera Vineyards Company employees that consist of Latino female workers, male workers, and male managers. Most of the Latino farm workers suffering victimization were females, there were also some males. These males were targeted because of their attempt to speak up on behalf of the harassed females.

Ms. Fisher along with her legal counsel based her allegation of racial discrimination on the university’s system

Marcus Ashmore and Terrell Lee Green were maintenance workers for J.P. Thayer Co., Inc. under supervisor Gene Fye. After a particular incident of harassment on January 16, 2001, Plaintiffs reported Fye to Tricia Johnson, the Assistant Property Manager. At this time, Johnson did nothing about the complaint. The harassment continued, and on January 26, Plaintiffs complained to the Property Manager, Mary Frances de Rivera. In response, de Rivera verbally reprimanded Fye. This, however, did not stop Fye’s harassment. Instead of reporting the behavior to Defendant, Plaintiffs hired an attorney who wrote a letter to Defendant saying that Ashmore and Green were going to file charges of discrimination with the EEOC. On February 22, Fye was fired by Defendant. This came three days after getting the letter and about a month after the initial harassment complaints.

The disparate treatment doctrine requires a plaintiff to demonstrate that an employer has treated some people less favorably than others because of their race, color, religion, sex, or national origin. Three provisions required to prove disparate treatment are (1) the plaintiff must establish a prima facie case of racial discrimination; (2) the employer must articulate some legitimate, nondiscriminatory reason for its actions, and (3) the plaintiff must prove that the stated reason was in fact pretextual. Proof of discriminatory motive is critical and may be inferred from the mere fact of differences in treatment. Proof may also be inferred from the falsity of the employer’s explanation for the treatment, (Walsh, 2010).

Plaintiff, Deborah Burke, submits this memorandum in opposition to Defendant Strickland Watson Pierce, P.C.’s Motion to Dismiss. Plaintiff’s retaliation claim should not be dismissed because she exhausted all the administrative remedies by filing a charge of discrimination with the EEOC and being terminated during the investigation. Jones v. Calvert Group, Ltd., 551 F.3d 297 (4th Cir. 2009); Clockedile v. New Hampshire Dept. of Corr., 245 F.3d 1 (1st Cir. 2001); Franceschi v. U.S. Dept. of Veterans Affairs, 514 F.3d 81 (1st Cir. 2008). Further, the conduct she suffered in the workplace was sufficiently severe to qualify as a sexually hostile environment. The Court should deny the motion.

Later on 2015, the district court granted the motion for summary judgement, and assuming without deciding, that Officer Brown did present a “prima facie case of discrimination based on her race and gender.” However, Officer Brown lost her case, because she “failed to rebut each purportedly legitimate reason for her termination”, and the court granted judgment in favor of the defendants. (Brown v. Davis, Court of Appeals, 2017)

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

Race and color discrimination. Color discrimination, different treatment due to race (or appearance of skin), and uniform and grooming codes. Can't sue people in general, only with regard to employment context and Title VII.

Another legal case that was reviewed, and is a directly correlated to EEOC and Civil Rights discrimination issues is the Alaimo v. Thompsonville Fire District #2 and Collen Ann Reidy. In this case we again see Civil Rights Act violations as well as Federal Rehabilitation Act of 1973 under 29 USC § 791 and Fair Labor Standards Act of 1938 violations (Phelan, 2015). Additionally, we see State of Connecticut Workers Compensation Retaliation Violations related to Conn. Gen. § 31-290a and Conn. Gen. § 31-76b. In this case we again see retaliation against Alaimo for he didn’t agree with a politicians plans not to build a new fire station. Instead of following the laws, statues, regulations and policies as they relate to an employee the Commissioners

you guys out. Romi also said that Mariah took off her jacket that she had on and the group of kids started calling her a stripper and kept telling her to strip. Romi said his group that he was with everyone kept telling the four black males to knock it off and that they were being inappropriate. He said one of the males knocked Christian to the ground and started punching him in what he believed to be the right side of Christian's face and temple area. He said the kid that started it was a shorter black male with a messy afro. He also said the other kids started hitting Christian while he was down on the ground. Romi said that several people started helping Christian and people were pulling the other kids off Christian. I asked him if

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.