...EMPLOYMENT LAW AND DISCRIMINATION Audrey Bennett-Coleman Judith Gray MBA/LAW 531 7/18/2016 Employment Law and Discrimination The Plaintiff, Johnathan Silverstein, is suing a coworker, Meredith Shaw, for sexual harassment based on the fact that she put a “sexy screen saver” on his computer that his supervisor observed. Mr. Silverstein claims that he lost a promotion based on the actions of Ms. Shaw. As the argument unfolds, the following six questions needs to be considered for the case. (1) Was the sexual behavior unwelcome? (2) Does the Plaintiff’s reaction meet the “reasonable person” standard? (3) Has a “hostile environment” been created? (4) Is there any employer liability? (5) Is there corroborative evidence to support the claim? (6) Is the claim credible? After evaluating the video “You be the Judge: Sexual Harassment" and analyzing each of the elements of this cause of action, the applicable defenses, and the bases for the Judge's ruling. As well as analyze the potential civil liability of both the employee and the employer. Lastly, analyze the different liability in this case if the sexual harasser were an independent contractor versus an employee. Cause of Action In this situation, Mr. Silverstein is filing a suit against the Ms. Shaw for sexual harassment in the workplace. There is the previous history of pranks within the office personnel that are inappropriate in nature. Mr. Silverstein explains that there is a total of four people working in the office...
Words: 1083 - Pages: 5
...According to business-humanright.org, in 2000, a major US company made the largest settlement ever in a corporate racial discrimination case. In April 1999, four African-American employees, both current and former, of Coca-Cola filed a lawsuit against the company for racial discrimination. The four employees were representing themselves and 2200 other employees a similar situation. The plaintiffs claimed that they were receiving discrimination in their pay, promotions and performance evaluations because of their race. They gave statistics demonstrating that the middle pay for African American workers was 33% less than that of whites inside of the organization. The offended parties additionally asserted that a "glass ceiling" kept African-Americans from ascending to top positions. Few African-Americans had progressed to senior levels in the organization, contrasted with the critical representation of African-Americans among every salaried worker. The offended parties contended that Coca-Cola neglected to prevent and cure this separation. The Coca-Cola Co. agreed today to pay $192.5 million to settle a racial discrimination suit by black workers. The amount includes $113 million in cash, $43.5 million to adjust salaries, $36 million for oversight of the company’s employment practices. Coke also paid $20 million in attorneys’ fees and planned to donate $50 million to its foundation for community programs. The most interesting part of the settlement, than is sheer size, is that...
Words: 593 - Pages: 3
...Associate Program Material Discrimination Worksheet Write a 100- to 200-word response to each of the following questions. Provide citations for all the sources you use. What is discrimination? How is discrimination different from prejudice and stereotyping? Discrimnation according to google search. It means, " the unjust or prejudicial treatment of different categories of people or things. when it comes to certain groups. example; race, age, sex." For me prejudice to me is like looking at a persons judgmental negative point of view on a group of people. Stereotyping is what you do when you meet someone for the first time, its like the saying the first impression on someone is the lasting impression. Stereotyping can also be a negative thing as well depending on a certain thing or situation. When I see discrimination I try not to say anything because you never know what a person can do, you don't know if that person is going to flip out on you or not. Also with discrimination it is like taking away the right away from someone. What are the causes of discrimination? To me with discrimination you can view it in different ways, but from what I learned its the human behavior that a person has towards another person, It could be because they are white or black, arab or jewish or indian. It can also be because that of a person race, religion, sex, age, what they wear, what disability that they have, how they look or what. But the reasonable answer on...
Words: 478 - Pages: 2
...and three other African Americans seated nearby to move ("Move y'all, I want those two seats,") to the back of the bus.Three riders complied; Parks did not. "Are you going to stand up?" the driver demanded. Rosa Parks looked straight at him and said: "No." Flustered, and not quite sure what to do, Blake retorted, "Well, I'm going to have you arrested." And Parks, still sitting next to the window, replied softly, "You may do that." (Rosa Park's biography by Douglas Brinkley) After Parks refused to move, she was arrested and fined $10. The chain of events triggered by her arrest changed the United States. Leading figures of the black community like Ralph David Abernathy and Martin Luther King, Jr quickly got into action against the discrimnation. The demands they made were simple: Black passengers should be treated with courtesy. Seating should be allotted on a first-come-first-serve basis, with white passengers sitting from front to back and black passengers sitting from back to front. And African American drivers should drive routes that primarily serviced African Americans. On Monday, December 5, 1955 the boycott went into effect. Montgomery officials stopped at nothing in attempting to sabotage the boycott. King and Abernathy...
Words: 632 - Pages: 3
...Picture Through discriminations of class and gender This photo displays physical activity inequity and is supported through the incorporation of class and gender discrimination. This photo is an example of physical activity Class discrimination Shoe Inequity in Opportunity? Ahead inequality of condition; (ii) inequality of opportunity Gender discrimintaition Symbolize inequity in power – holding all sports Ahead start why? – inequality of capability. Write a four-page essay based on the photo. In the body of your essay, begin by explaining how the image symbolizes inequity. Next, argue for what you believe to be the ultimate cause/causes of the inequity. Finish off the body of the essay with a brief account of what you think should be done to help resolve the inequity. The body of your essay should make up about three and a half pages. Finally, write a short introductory paragraph in which you briefly describe the circumstances under which you took the photo and state your thesis (in a sentence or two) about the ultimate cause/causes of the inequity, and a short conclusion paragraph in which you emphasize what you believe to be the most important points in the essay. Intro Over time the types of physical activity inequities in sports have become better understood and recognized by our changing society. I took this photo because it captures inequity of ‘condition’ and ‘opportunity’ on a basketball court in the west end of Toronto...
Words: 2490 - Pages: 10
...advancements, our lives are getting longer. Nowdays, we have to face the cruel reality that we now have more old people and fewer young people than at any time in the past. That means that all those old people are more of a burden on the few young people, and that each old person has less individual value. Every year, it is estimated that 4 million elderly Americans are victims of physical, psychological or other forms of abuse, according to American Psychologycal Association. In HK, there were 454 elder abuse cases from January to September 2014. As Gail Donor, the chairman of Ontario’s Long Term Care Task Force points out: ”Our whole society does not value elders – we’ve started to think of elders as ‘takers’.” Hence, age discrimnation is everywhere. Older people are at a big disadvantage in job applications. Some employers believe that older workers are not as nimble as younger ones. Meanwhile, they're at a big disadvantage in hospitals. American hospitals have an explicit policy called age-based allocation of healthcare resources. That sinister expression means that if hospital resources are limited, for example if only one donor heart becomes available for transplant, American hospitals have an explicit policy of giving preference to younger patients over older patients on the grounds that younger patients are considered more valuable to society. You can hear people murmuring silently: ” What do you expect at...
Words: 833 - Pages: 4
...Islamist Movements Throughout the 20th century in Afghanistan, many violent and nonviolent Islamist Movements have emerged. Some of the more violent movements include the Taliban, al-Qa’ida, and the Islamic State. The Taliban originated during the Soviet, US, and Saudi Arabian supported civil war in Afghanistan from the Pakistani-trained, US sponsored mujahidin. This civil war, the bombing at Kabul, and the many massacres of civilians contributed to the emergence of the group. The US got involved in the civil war to help out allies, in which led to a bundle of hatred for the US by the Taliban. The ideology of the Taliban is an innovative form of shari’a, which combines Pashtun tribal codes with radical Deobandi interpretations of Islam and Bid Laden’s extremist jihadism and pan-Islamism. The Taliban is very strict and enforces many rules. They have many prohibitions that includes many day-to-day things that many in the United States take for granted such as satellite dishes, sports for women, education, employment, dancing, drawing, music, and many more. The Taliban is against all other Muslim groups, including Shi’ites and Sufis. The Qur’an states that one should “fight in the cause of God against those who fight you” and “fight against those among the People of the Book who do not believe in God”. The perspectives of the Taliban go with the Qur’an in these verses. The Taliban fights in order to protect and depend. Al-Qa’ida was founded by Osama Bin Laden, al-Zawahiri...
Words: 1112 - Pages: 5
...Examining WalMart for Lessons in Managing Diversity Kaplan University Introduction The purpose of this paper is to analyze how WalMart, the world’s largest employer is managing diversity. In the case study, WalMart is facing a class action lawsuit from a former female employee who feels she was the victim of gender discrimination. WalMart however, has received many accolades for it’s diverse workplace and internal growth opportunities. From reading and evaluating this case I intend to learn management theories and practices in building a diverse workplace. Why it’s important to have diversity in leadership and how to integrate a collaborative workplace. Analysis WalMart has been the focus of many lawsuits in the past ranging from discrimination to its most recent suit regarding minimum wage. Yet according to Daft (2012) “The retailers 1.4 million U.S. hourly associates earn $11.75 per hour on average. (p. 384). So there is obviously a vast discrepancy about who is benefiting on the high end of these wages. The Supreme Court has since dismissed the class action lawsuit of Dukes v. WalMart. The case was the largest sex discrimination lawsuit in history representing 1.6 million female employees. However, the court did not decide on whether or not discrimination took place. WalMart has also been sued for religious discrimination and agreed to pay an employee $70,000 for being fired because he observed the Sabbath. Based on these lawsuits my observation is...
Words: 1101 - Pages: 5
...ARGUMENT AND CITATIONS OF AUTHORITY I THIS COURT SHOULD AFFIRM THE DISTRICT COURT’S ORDER AND JUDGEMENT BECAUSE THE APPELLANT FAILED TO SHOW THAT THERE WAS A GENIUINE DISPUTE AS TO ANY MATERIAL FACT THEREFORE FARM TOWN MORTGAGE IS ENTITLED TO JUDGEMENT AS A MATTER OF LAW. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 DOES NOT INCLUDE TRANSSEXUALS AS A PROTECTED CLASS FROM DISCRIMNATION IN THE WORK PLACE THUS, THE APPELLANT’S APPEAL FOR SEX DISCRIMINATION SHOULD BE DISMISSED. The district court’s holding in Lopez v. Farmtown Mortgage Services (FMS) that Title VII of the 1964 Civil Rights Act does not protect transgendered or transsexuals was correct and should be affirmed on appeal. The district court’s grant of summary judgment to FMS demonstrated the plaintiff Veronica Lopez’s (VL) lack of sufficient evidence to prove that there was a genuine dispute as to any material fact for a Title VII discrimination claim. (R. 1.) This Court of Appeals reviews a district court’s grant of motion for summary judgment pursuant to federal rule 56(c) de novo. (R. 1.) According to Title VII of the Civil Rights Act of 1964(Title VII), it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color...
Words: 3919 - Pages: 16
...INSTRUCTOR GUIDE Human Anatomy & Physiology Laboratory Manual MAIN VERSION, Eighth Edition Update CAT VERSION, Ninth Edition Update FETAL PIG VERSION, Ninth Edition Update ELAINE N. MARIEB, R.N., Ph.D Holyoke Community College SUSAN T. BAXLEY, M.A. Troy University, Montgomery Campus NANCY G. KINCAID, Ph.D Troy University, Montgomery Campus PhysioEx™ Exercises authored by Peter Z. Zao, North Idaho College Timothy Stabler, Indiana University Northwest Lori Smith, American River College Greta Peterson, Middlesex Community College Andrew Lokuta, University of Wisconsin—Madison San Francisco • Boston • New York Cape Town • Hong Kong • London • Madrid • Mexico City Montreal • Munich • Paris • Singapore • Sydney • Tokyo • Toronto Editor-in-Chief: Serina Beauparlant Project Editor: Sabrina Larson PhysioEx Project Editor: Erik Fortier Editorial Assistant: Nicole Graziano Managing Editor: Wendy Earl Production Editor: Leslie Austin Composition: Cecelia G. Morales Cover Design: Riezebos Holzbaur Design Group Senior Manufacturing Buyer: Stacey Weinberger Marketing Manager: Gordon Lee Copyright © 2009 Pearson Education, Inc., publishing as Pearson Benjamin Cummings, 1301 Sansome St., San Francisco, CA 94111. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means...
Words: 120457 - Pages: 482
