Sport Context: In this case the Plaintiff alleged reverse discrimination when she was not hired for a job at Saginaw Valley State University. The position in which the plaintiff applied was for the Coordinator of Campus Recreation position. According to Pilon v. SVSU & Thompson (2003) the primary job functions for this position are as follows, “Plan, develop, promote, direct and supervise all facets of the Campus Recreation Program and the SVSU Athletic Summer Camp Program.” Other essential roles and responsibilities were, according to Pilon v. SVSU & Thompson (2003), “Plan and implement a program of team and individual intramural sports and indoor/outdoor recreational activities for the entire university community.” The applicant would coordinate all aspects of the SVSU Athletic Summer Camps. They would also be in charge of hiring, training, and assisting all student employees within the recreation facility. They also have the responsibilities of setting up and meet regularly with advisory committee, and also assist with administration of the recreation budget, and inventories. …show more content…
The Plaintiff, Cindy Pilon, felt that she was not considered for the position that she interviewed for because of her race. The position at hand was filled by and African-American male. The defendants moved for a summary of judgment claiming that they Plaintiffs race was not a factor in the decision of the hiring process for that
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.
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
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.
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.
Question: Did the district court appropriately grant summary judgment for the employer by the in regards to the four actions brought against Indiana University by the plaintiff Gawley? Did Indiana University violate Title VII of the Civil Rights Act of
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,
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)
The U.S. Court of Appeals for the Sixth Circuit was to determine if the plaintiff, David Dunlap Dunlap, had met the burden of proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally discriminating against him under both disparate impact and disparate treatment analyses and whether the TVA appeal to the District Court erred in each of these analyses could be legally supported to reverse their decision FindLaw, 2011).
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.
Ms. Fisher along with her legal counsel based her allegation of racial discrimination on the university’s system
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.
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.
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
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?