...Automobiles Workers v. Johnson Controls, Inc. 499 U.S. 187(1991) Pingping Wang Florida International University BUL6810: The Legal Environment of Business Abstract This paper is generally about the case analysis about the supreme court case Automobiles Workers v. Johnson Controls, Inc. based on the legal documents, such as the Civil Rights Acts of 1964, and Pregnancy Discrimination Act of 1987. This case is focus on the primary prospective of the Pregnancy Discrimination between the employers and employees, providing the elaborate and personal comprehension of this case issues, and then describes the inspiration refined from this case. Contents 1.Introduction 2 2. Case analysis 3 2.1 The procedure of the case receiving 3 2.2The related legal document analysis 5 2.2.1 The Civil Right Act of 1964 (Title VII) 5 2.2.2 The Pregnancy Discrimination Act of 1978 7 2.3 The causation analysis of the supreme court’s decisions based on personal comprehension 8 3. The inspiration of the case 10 4. Conclusion 11 Reference 11 Automobile Workers v. Johnson Controls, Inc, 499U.S.187 (1991) 1.Introduction Presently, the employment relationship is becoming a hot-button topic among the public, protecting the employees’ legitimate interest detailed reform and implementation in the field of the law. ...
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...rejected, she brought this class suit under Title VII of the Civil Rights Act of 1964. Issues: 1. She was refused employment because she failed to meet the minimum 120-pound weight requirement and height minimum of 5 feet 2 inches. 2. Whether a rule expressly prohibiting women from assuming close-contact prison guard positions in maximum-security prisons most of which were all male violated Title VII. Rule of Law: Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. An Act to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education...
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...Discrimination Jillian Baker, Zach Ballard, Matthew Cornman, Latisha Holmes, Joseph Pulver, Maltie Ramjattan, and Aisha Savage LAW 531 Business Law June 15, 2015 Ginky Lee Torres Discrimination On July 17, 2008, plaintiff Ali Aboubaker, 56, a maintenance technician for Washtenaw County, was fired for alleged insubordination. He had been employed by Washtenaw County for 17 years. ALM Media (2014) states that the suit was based on violations of 42 U.S.C. §§ 1981 and 1983, the Elliot-Larsen Civil Rights Act and Title VII. Aboubaker, is a black man and a Muslim, he alleged race, national origin, and religious discrimination. He also was retaliated against, and was exposed to a hostile work environment. All claims were dismissed besides that he was allegedly discriminated against by the county by not being allowed to interview for an entry level drain inspector position. He felt this was based on his religion, race, or national origin. Because he was a union employee, he had the first opportunity to apply for the position if he was qualified. The county argued that it had a legitimate, non-discriminatory reason for not interviewing the plaintiff. They claimed Aboubaker was insubordinate on several occasions, which Aboubaker denied and that he was not hired for the job because he was not qualified. Aboubaker had been unable to find work so he sued for past and future lost wages and benefits. Shortly thereafter he went through a divorce and became homeless. Compensation for...
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...HRM531 Chapter Presentation prepares 1) Ch3 is talk about equal employment opportunity, it tell us how to use law to protect woman, disable person and other protected category’s legal job right, such as equal employment, and equal pay. This chapter is also introducing what’s sexual harassment, and what we can do, when sexual harassment happened. 2) Equal Employment Opportunity (EEO) * All individuals should have equal treatment in all employment-related actions. Discrimination * “Recognizing differences among items or people.” Protected Category * A group identified for protection under EEO laws and regulations. •Race, color • gender • Age •Disability • Religion • Sexual orientation 3) Illegal employment discrimination: Protect category: Disparate treatment: Occurs when members of group are treated differently from others. * Occurs in employment-related situations when either: * Different standards are used to judge different individuals, or the same standard is used, but it is not related to the individuals’ jobs. Disparate impact: occurs when members of a protected category are substantially underrepresented as a result of employment decision work to their disadvantage. 4) EEO Concepts: Business necessity is a practice necessary for safe and efficient organizational operations. Job relatedness is employers are expected to use job- related employment practice BFOQs is characteristic providing a legitimate...
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...employee is terminated. The white employee sues the employer for race discrimination under Title VII. The scenario above happens company wide around the United States and other countries. This is the new millennium, we sometimes think that race discrimination is from our past and not in our future. But claims keep on piling up in every company from different races that claims that they have been discriminated against. People sometimes used discrimination to get back at people in their company, who were about to fire them or to get a fast buck, so they can live the easy life down the road. An example of this would be the Wall Street Journal that showed a Eastman Kodak Company agreed to pay $13 million in retroactive and current pay raises to 2,000 females and minority employees in New York and Colorado. The pay raise allocation was not in response to a threatened lawsuit or a settlement to a prior action. Employees had raise the issue when they complained to supervisors the year before, so Kodak conducted the study and determined it would make the raises, which did not prevent them from receiving their routine performance-based raises. All these were the driving force of the Civil Rights Act of 1964. This act help pushed the companies even farther, so they wouldn’t discriminate against any employee, but even though we are protected, it still happens in the work force. Analysis My analysis of this scenario is that both of the truck drivers should have received the same punishment...
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...Berkeley Journal of Gender, Law & Justice Volume 7 | Issue 1 Article 2 September 2013 The Legal Implications of Gender Bias in Standardized Testing Katherine Connor Ellen J. Vargyas Follow this and additional works at: http://scholarship.law.berkeley.edu/bglj Recommended Citation Katherine Connor and Ellen J. Vargyas, The Legal Implications of Gender Bias in Standardized Testing, 7 Berkeley Women's L.J. 13 (1992). Available at: http://scholarship.law.berkeley.edu/bglj/vol7/iss1/2 Link to publisher version (DOI) http://dx.doi.org/ This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of Gender, Law & Justice by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. The Legal Implications of Gender Bias in Standardized Testing Katherine Connort Ellen J. Vargyast TABLE OF CONTENTS I. II. INTRODUCTION ....................................... THE FACTUAL CONTEXT ............................. A. The Scope of the Problem ............................ 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. B. Causes of Gender Differences in Test Scores ........... 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. C. Validity of the Tests .......................
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...performance, ranked the performance against that of other salaried employees, and then recommended a salary increase within a range established by Goodyear guidelines. Having a good, evaluation resulted in a pay increase. Ledbetter was ranked between 1992 and 1997 near the bottom of the other Area Managers. She was awarded either a modest raise or no raise each year. In November 1998, Ledbetter filed a Questionnaire under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. A formal charge of discrimination claiming, “She had received a discriminatory low salary as an Area Manager because of her sex.” Issue: Can a plaintiff bring an action under Title VII of the Civil Rights Act of 1964 claiming illegal pay discrimination outside of the 180-day statutory limitation period when the disparate pay was received within the limitation period. Rule: Title VII of the Civil Rights Act of 1964 states it is unlawful for an employer to discriminate against race, color, religion, sex or national origin. Under Title VII of the Civil Rights Act of 1964, the employee whom has be subjected to the discrimination...
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...Ouch v. Jakubek An analysis on reporting of Sexual Harassment in the work place Strayer University This analysis is a look at the sexual harassment in the case of Ouch v. Jakubek and why the situation was not in compliance with the federal employment laws. The discussion will try to create a plan that will correct the issues in the future and bring the Jakubek back into compliance of the law under Title VII of the Civil Right Act. In the work environment there are many laws that help protect the employee rights in the work place. One of these laws is The Civil Rights Act of 1866, which prohibits employers from discriminating against individuals because of their race. Over the years the Civil Right Act has change to encompass not only race, but also prohibits employers from discriminating in terms of conditions of employment on the basis of color, national origin, religion and sex. [ (Kubasek, 2009, p. 627) ] In the court case of Ouch v. Jakubek we will look at the part of the Civil Right Act under Title VII on discrimination because of sex or in this case sexual harassment. Sexual harassment is “the unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, which explicitly or implicitly makes submission a term or conditions of employment or...
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...Running Head: EEOC vs. SWIFT AVIATION GROUP Equal Employment Opportunity Commission (EEOC) Vs. Swift Aviation Group, et al. Harold Anderson Embry-Riddle Aeronautical University Management 533 Table of Contents CHAPTER I – INTRODUCTION………...................................................................................3 CHAPTER II – BACKGROUND……......…………….……..………………………..............3 CHAPTER III – ANALYSIS……………………......................................................................4 CHAPTER IV – CONCLUSION………………........................................................................6 REFERENCES ……...................................................................................................................7 Chapter I – Introduction Without a doubt ever since the terrorists attacks on U.S soil on September 11, 2001 Americans have been hyper-vigilant, and to a certain degree hyper-critical towards Muslims. It is one thing for an individual to project their prejudices onto a member of a different race, gender or religion, but when an employer takes part in these unlawful practices they become subject to the Federal laws that our great nation has put in place to ensure fair and equitable treatment to all. Such is the case in regards to the U.S Equal Employment Opportunity Commission (EEOC) vs. Swift Aviation Group et al (2012), as discussed in the following pages. Chapter II – Background In October 2007, Adam Domnez (a Palestinian Muslim) began working...
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...[Type the company name] | [Type the document title] | [Type the document subtitle] | | [Type the author name] | 4/29/2014 | This document is about The Civil Rights Act of 1964 which focuses on the publication “Walls and Mirrors” by David Gutierrez and the case of "NLRB v. Fansteel Metallurgical Corporation" | The Civil Rights Act of 1964 This act aimed at ending the segregation and banning the discrimination for employment in public places based on race, color, religion, sex or the national originality of a person. This legislation is taken to be an achievement of the civil right movement. After the civil war slavery was abolished and an equal voting right was given to all persons which lead to this act. Since its establishment it has been expanded to include the disabled, women in collegiate athletics and the elderly within its definitions. (History.com, 2010) Various views examined: Timothy Minchin During the 1960s and 1970s the textile industry moved through a major change out of which the visible change was seen in the increased number of black Americans in the workforce. According to the Timothy Minchin this all happened due to the occurrence of civil act 1964. Before the presence of that act the number of black Americans working in the workforce was as low as 3.3% but after the act was launched the percentage increased to the 25%. (Minchin, 1999) Although the discrimination reduced to a little extent and due to the inserted pressures by the government...
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...of the Securities Exchange Act of 1934 by engaging in transactions with DOA to boost their financial reports? Was Nouv’s behavior unethical when he tried to bribe Betty into completing the draft and deal in a way that made the transactions look legitimate? b. Is the cooperation between QPI and DOA on pricing (price fixing) and segmenting product sales to customers (market division/Refusal to deal) a horizontal agreement in violation of Antitrust laws? If so, were their actions a per se violation of Section 1 of the Sherman Act? c. Did Nouv’s behavior lack integrity? If so, was his veiled threat and coercion of Betty to remain silent unethical? d. --- Individuals listed below: i. Would the firing of Billy Aged based on his age be disparate treatment and illegal discrimination in violation of the Age Discrimination in Employment Act of 1967? ii. Is firing Cindy Octane due to her future change in marital status be a disparate treatment violation of Title VII of the Civil Rights Act of 1964? iii. Is Tommy Grey 40 years of age or older, and if so, would his firing due to seniority be in violation of the Age Discrimination in Employment Act of 1967? iv. Would firing Belinda Black be an act of disparate treatment and discrimination based on her color in violation of Title VII of the Civil Rights Act of 1964? e. Was Nouv’s unwelcomed sexual advance, innuendo and quid pro quo offer sexual harassment according to Title VII of the Civil Rights Act of 1964? 2. a. Could Cindy’s...
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...shifting in every civil case: - there is a SC that determines nothing in England but attorney fees. * The reality with this is that there is less litigation because any losing party has to pay the others fee. * The cost should be reasonable so you can’t just say that you billed all the amount and now need to be paid. * Civil rights attorney fee: - The second front: - The battle lines for civil rights – there is grudging attitude on court awarded attorney fees – since 1987 we have had the grudging area of the court allowing attorney fees – hard to get fees if prevailing party, hard to calculate – grudging – * The attorney fee is statutory – so congress can change the rules. * The case below – if negotiating on fees as a plaintiff then negotiate the fees in the agreement (attorney fees) – so you negotiate the fee with the settlement decree or you will be out of luck. * Dissent: - * Pg. 912- there is a 2 tier standard for a prevailing P: - * You get the fees regularly absent circumstances that would render the fee unjust. E.g pro se representation. * Garland independent school: - ct held that you don’t need a central issue standard; - just need to point to a ….. Civil Rights Attorneys’ Fees Award Act of 1976 (42 U.S.C. § 1988(b)) 1. In any action or proceeding to enforce a provision of §§ 1981, 1982, 1983, 1985, and 1986 of this Title, Title IX of the Education Amendments of 1972 or Title VI of the Civil Rights Act of 1964, the court...
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...The plaintiff side of the story was not fully considered and the defendant was given a benefit of doubt as the court agreed with him and dismissed the retaliation count. The court only focused on the first amended complaint (FAC) presented by the plaintiff and did not fully consider that she was legally utilizing her pregnancy benefit under the Florida Civil Rights Act (FCRA). (COURT OF APPEALS OF MINNESOTA, 2013). The rule that governs the law to be applied in the case. The rules governing the laws falls under FCRA, which clearly states the benefits the plaintiff were entitled to as a pregnant woman. Therefore, the defendant had to consider her and grant her the maternity leave and approved vacation to ensure that she was also protected and not discriminated upon. The reviewing court's analysis of the rule of law as applied to the particular facts of the...
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...Responding to employee claim of constructive discharge under Title VII of the Civil Rights Act of 1964 A.Constructive discharge, as a legal concept, must first be explained. This legal concept states that even though an employee resigned voluntarily, they were forced to do so by a work environment that was so intolerable a reasonable person would also not be able to continue working for a company (Prohibited Employment Policies/Practices, 2014). Basically, this legal concept was enacted to protect employees from discrimination in the workplace. Although the employee quit voluntarily, this concept provides that they may still be entitled to the same benefits (such as unemployment insurance or severance pay,) as someone who was terminated or laid off. Whether or not the resigned employee would receive this financial compensation is up to the court system. The reason this concept is relevant to the employee in question is because of a religious practice. The new work schedule at the toy company uses shifts that rotate throughout the week and conflict with the resigned employee's holy day. The employee thus believes that under Title VII of the Civil Rights Act, his religious beliefs have been discriminated against, giving him claim to constructive discharge. B.Title VII of the Civil Rights Act prohibits discrimination of an employee based on race, color, religion, sex, and national origin (Title VII of the Civil Rights Act of 1964, 2014). Race pertains to ethnic origins such as...
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...the analysis of experienced employment situations and describe the possible legal actions taken in the resolution of them. Everything started in the earlier 1800s, this is when the United States became industrialized, before then the regulations of employment were under the doctrine of laissez-faire, which means that that employment was subject to common law of contracts and agency law. Once the country became industrialized the state legislation and the federal government became enacted to protect workers’ rights, this also included child labor, unsafe working conditions, long hours and low pay. Before the Title VII there was another Civil Rights Act, it was in 1866 right after the civil war, and it was enacted by the federal government protecting and giving African Americans the same rights as Caucasians due to the end of slavery after the war. Title VII of the Civil Rights Act of 1964 was enacted by Congress to eliminate job discrimination based on race, color, national origin, religion and sex. This last one, sex, is been overwhelmingly high brought up by women, which brought up also the Pregnancy Discrimination Act in 1978. This act forbids discrimination because of pregnancy, childbirth and/or related conditions. In the mid 1990s the Americans with Disabilities Act (ADA) was signed to protect and imposed obligations on several entities to accommodate individual with medical disabilities. The ADEA, which is the Age Discrimination in Employment Act, was...
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