Palm Beach County Case Study

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.

STATEMENT OF FACTS: Sheila White interviewed with Marvin Brown and obtained a job as a “track laborer” with Burlington Northern & Santa Fe Railway Company. Shortly after her hire date, however, she assumed forklift operator duties. This new assignment still fell under the “track laborer” position description, and White occasionally performed those duties although her primary responsibility was operating the forklift. Three months into her new job, White complained to the company that her immediate supervisor was sexually harassing her on the job. He was temporarily suspended and required to attend sexual harassment training. White was then informed that she was being reassigned to track labor duties only. White

I am the Director of Human Resources of Lehigh Hanson. In order to ensure the organization remains successful we have to make sure we hire the right people for the organization. In this review we will outline a job interview process and document the methods that we must use to select the right person for the available positions. We will determine at least two employment laws that we must consider in the process questions and examine the key ramifications of the organization’s lack of enforcement of said laws. The organization must predict three issues that we may encounter in building relationships with each type of worker.

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?

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,

At this point, Employee B has 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC may ask Employee B to settle through mediation and in the event that mediation cannot settle the claim, it is then the responsibility of the EEOC to investigate any claims made by employees, report findings and settle any charges. In some cases, the EEOC will file lawsuits to protect individual rights.

EEOC’s role in this case was to file lawsuit against the employer (Exel) on behalf of the

Though Mr. Zimpfer’s attorney was able to get a report from an I/O psychologist, Dr. Josephs, which verifies his ability to perform the duties described in the ad for the managerial position, the county could also get its own expert to rebut this psychologist’s findings in the report. If Dr. Josephs is able to convince this jury then there is sufficient evidence to conclusively prove that Mr. Zimpfer was a victim of discrimination, since her report shows that he is clearly more qualified for the position than Mr. Merriman is.

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.

On August 19, 2008, Mr. Contonius Gill filed a Charge of Discrimination with the EEOC claiming race discrimination and retaliation for being discharged for complaining about racial harassment. On August 10, 2008 Mr. Gill filed an Employment Discrimination Complaint with the North Carolina Department of Labor. On June 2011, the U.S Equal Employment Opportunity Commission (EEOC) filed a single complaint alleging that Mr. Gill, plaintiff, was subjected to a racially hostile environment from May 2007 through June 2008, pursuant to Title VII of the Civil Rights Acts of 1964 and Title I of the Civil Rights Act of 1991. The matter was filed against A.G. Widenhouse, defendant.

Devereux Florida is a prominent non-profit distributor of behavioral health, intellectual / developmental disabilities and child welfare services to foster care children and families in the state. For more than 25 years, they supplied several programs and services such as intensive clinical intervention, medical foster care, and regular foster care to traditional case management in 35 counties across the state. To begin with, in 1912, a New Philadelphia teacher named Helena Trafford Devereux became demoralized as she saw immediately that children with special needs were improperly treated by the public education system. Convinced she can make changes, she started teaching some of these children in her own home. As the years progressed, Devereux

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.

The population demographic of Miami-Dade County is the most ethnically diverse County in Florida. According to the US Census Bureau (2015), estimates the foreign-born population to be 1,363,163 million in Miami-Dade County. The population is a mix of 78% white (16% non-Hispanic), 65% of the population being Hispanic or Latino, 19% Black (African-American, Haitian and Caribbean) and 3% other (U.S. Census Bureau, 2010). The diverse population Miami-Dade has high rates of uninsured, and underinsured, Americans in the country.

Anti-discrimination laws cover categories that include race, gender, religion, age national origin, and others. Ms. Shewin’s case has several factors that could be split into the discrimination categories. The first factor that can be considered is that Ms. Shewin is an African American. In the fact pattern is states that there are only five African-American senior managers in the company. This would fit into the race discrimination category because the number of African-American individuals that are in senior management positions could be subject to the EEOA depending on the records kept by the company. The gender category is also a factor

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.