...on December 2, 2003 dealing with the Disparate Treatment. Disparate Impact occurs when someone is treated differently, regarding the terms and conditions of the workplace, because of their sex, color, race, religion, physical or mental disability or age. In this court case employee, Joel Hernandez, from the Raytheon company had tested positive for cocaine usage. With the fear of being rejected from his employment, Joel had quit his job because he knew that he had violated petitioner Raytheon Company's workplace conduct rules. Another reason for why he resigned was based on the fact that the petitioner would have eventually fired...
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...Introduction Gelato is a nationwide cheesemaker that may need to update its policies in order to ensure fair treatment and protection against discrimination. The organization currently requires its cleaning crew to have a high school diploma. The city the organization is located in is fifty percent white with a seventy-five percent high school graduation rate, and the other fifty percent are minorities with only a twenty-five percent graduation rate. The fact that Gelato requires their cleaning crew to have a high school diploma may be a violation of the Civil Rights Act of 1964. In addition, seventy-five percent of its employees are between the ages of twenty-five and thirty-five, which may be a violation of the Age Discrimination in...
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...EEOC filed a law suit against Freeman and alleged the company’s hiring policy which includes criminal background and credit history checks, has a disparate impact on African-American, Hispanic, and male applicants. And the material fact of this case is whether Defendant’s hiring criteria of conducting criminal background and credit history checks is consistent with business necessity. Since the Defendant was charged by the EEOC with unlawful discrimination in this case, the source of law is the Title VII of Civil Rights Act of 1964. “Title VII prohibits discrimination in hiring, firing, trainings, promotion, discipline, or other workplace decisions on the basis of an employee or applicant’s race, color, gender, national origin, or religion” (Bennett- Alexander & Hartman, 2011). As a federal law enforcement agency, the Equal Employment Opportunity Commission has obligations to investigate violations of Title VII and enforce laws against discrimination in workplace. In addition to the EEOC’s unique role, Title VII requires federal district courts to take the Title VII discrimination case for judicial review only after the EEOC has first disposed of the claim (Bennett- Alexander & Hartman, 2011). And according to the case, since the EEOC accepted applicant Katrina Vaughn’s discrimination complaint about Defendant’s violation of Title VII by rejecting hiring her based on her credit history information, the legal issue of this case before the court is after accepted Vaughn’s...
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...laws to the Gelato company hiring practice operating out of Heartland Corners, U.S.A. With the data I have, I will evaluate if Gelato is in compliant with the Title VII of the Civil Rights Act of 1964 for hiring black and other minority groups in the local area. I will also explore their practices of hiring younger employees to determine if they are violation of the ADEA. Lastly, I will make recommendations for compliance with the Title VII of the Civil Rights Act of 1964 and ADEA if any or needed. THE ISSUE WITH GELATO Gelato is a larger cheese maker that distributes throughout the United States. Gelato is located in Heartland Corners, U.S.A. and employs approximately 200 hundred workers. Currently their employees’ racial make-up is 85 percent white and 15 percent other races. The population of Heartland Corners is 50 percent white and 25 percent African American with the other 25 percent mixed with Hispanic, Asians and other races. The question here is whether or not Gelato is violating Title VII of the Civil Rights Act of 1964 by not hiring at the 4/5th or 80 percent rules used in determining if there is adverse impact on minority groups such as blacks, women, or elderly. The 80 percent rules was originally developed in California but adopted in the 1978 Uniform Guidelines on Employee Selection Procedures, a document used by the U.S. Equal Employment Opportunity...
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...INTRODUCTION You have asked me to advise you on the facts of the case, and in my opinion of Teddy’s Supplies’ potential liability. This memorandum I will advise whether the company is exposed to liability on all issues I feel are in play. Additionally, in preparation for the case, I have researched related statutes and include precedential cases either for or against Teddy’s case which impact liability. In my opinion, I shall include the “worst case” of damages the company may have to pay Virginia. Statement of Facts Ms. Virginia Pollard was employed as a cashier and clerk for Teddy’s Supplies store in West Orange, New Jersey. She was sexually harassed (according to the company’s sexual harassment policy) during her assignment at the main warehouse where she was the only female employee. The following actions by Pollard’s male counterparts at the warehouse constitute employment discrimination under Title VII of the Civil Rights Act of 1964: I. Playing regular pranks on Pollard while on the job, including, II. Taping her drawer shut III. Filling her work station with trash IV. Backing a forklift up to the door and causing it to backfire in Pollard’s ears. It is important to note that, Virginia’s performance was satisfactory as she was clearly meeting expectations and received no negative commentary from her supervisor during this particular period wherein she faced employment discrimination. Eventually, Pollard was fired when she lifted one side of her shirt...
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...cases that mandate affirmative action and nondiscrimination, which agencies must plenarily meet in particular situations present as compliance. An EEO-1 annual report is required from private organizations that house 100 or more workers and with federal contract regimes of $50,000 and 50 workers or more for federal contractors (Bennett-Alexander & Hartman, 2012, p. 242). The process helps to provide a head count of the organizations workforce in categories of job, gender, race, and ethnicity. In addition, the process will also help eliminate discriminating and treatment toward groups or persons based on sex, race, or protected classes illegally. Disparate impact and disparate treatment remain the two forms of discrimination (FindLaw, 2014). Disparate impact has a greater effect negatively on protected class members than others. A disparate treatment is unfair treatment because of an individual's protected-class, disability, sex, or race (FindLaw, 2014). For example, to recruit women, covered veterans, minorities who prove advanced and qualified, and individuals with...
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...Introduction Employment laws have been constituted to ensure fair treatment of employees by employers and to prevent exploitation of employees in the workplace. It is of utmost importance that these laws are completely understood by an organization not only to ensure compliance of these laws but also to create a workplace that is conducive to harness the maximum potential of employees by harboring goodwill, equity and trust between employers and the employees which in turn would lead to higher returns for the shareholders. These laws strive to provide the employees with a fair compensation for the work done, and a safe and non discriminatory workplace. Employee Laws like other laws have evolved over time to respond to the societal and organizational changes. One of the oldest and significant employment laws is the “Fair Labor Standards Act” established in 1938 to set the minimum wage and overtime pay. Another monumental employment law is the Title VII of “The Civil Rights Acts of 1964” that has resulted after a long and passionate strife for equality by Americans. The Title VII of this law deals to tackle employment discrimination on the basis of race, color, national origin, sex, religion, and retaliation. In the year 1967, another law called “The Age Discrimination in Employment Act (ADEA)” was passed to increase the set of discrimination criteria to include age. They have been followed by other very important bills like “Occupational Safety and Health Act of 1970”, “Americans...
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...and 25% African American with the remaining 25% Hispanic American, Asian American and others. The company requires a high school diploma for employment on its cleaning crew and the entire crew is white. Statistically, 75% of Heartlands Corners white population has completed high school while 25% of those in minority groups have completed high school. We will look to see if the company is in in compliance with Title VII of the Civil Rights Act (CRA) of 1964 and the Age Discrimination Employment Act (ADEA) and if the company should make any changes to their policies and why those changes are necessary along with recommendations. We will also discuss how Title VII of the CRA of 1964 and the ADEA may or may not apply and how disparate treatment and adverse impact may or may not apply. There is also a reference page at the end of the paper quoting references and a grading rubric. Compliance to CRA 1964 The CRA barred racial discrimination in businesses, voter registration, and in any program that received support from the federal government. It also gave the Justice Department legal power to desegregate public facilities, including swimming pools, parks and libraries and is comprised of 21 titles. It prohibits discrimination on the basis of race, color, religion, and national origin, (La Prensa, 1997). In our module reading 75% of Heartland Corners white population has completed high school while only...
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...What is Environmental Justice? http://www.epa.gov/compliance/environmentaljustice/ Abstract- Among evidence of environmental injustice is the fact that three out of five African-Americans and Hispanics, and nearly half of all Native Americans, Asians and Pacific Islanders live in communities with one or more uncontrolled toxic waste sites, incinerators or major landfills. A recent Greenpeace study found that minorities make up twice as large a population share in communities with these unwanted sites as in communities without them. In 1980 the average minority population near a landfill or hazardous waste facility was about 22%; in 1994 it was 36%. I. INTRODUCTION People of color in the United State and around the world are subjected to a disproportionately high level of environmental health risk in their neighborhoods and on their jobs. Minorities, who tend to be poorer and more disadvantaged that other residents, work in the dirtiest jobs where they are exposed to toxic chemicals and other hazards. More often than not they also live in urban ghettos, barrios, reservations and rural poverty pockets that have shockingly high pollution levels and are increasingly the site of unpopular industrial facilities, such as toxic waste dumps, landfills, smelters, refineries and incinerators. Environmental Justice combines civil rights with environmental protection to demand a safe, healthy, life-giving environment for everyone. II. ORIGIN In 1987 the Reverend Benjamis Chavis...
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...both parties, but I would lean more towards Griggs, because of the unfair circumstances put in place. As I stated in the discussion, I felt that this was more involving a violation of Title VII of the Civil Rights Act of 1964. This act prohibits employers from discriminating against individual because if their race, color, religion, sex or national origin (Textbook p.66). It became obvious that the testing was put in place because of the new act, but I think because it doesn’t show intent to measure the ability for doing that job that it should be invalid. African Americans were being unfair because of the test that measure more intelligence instead of the ability to perform the job. This would fall under a bone fide occupational qualification, which is a necessary qualification for “performing” a job (p.77). A disparate impact was another way that showed potential discrimination by them when they offered promotions mainly within the departments, which can reduce well-qualified candidates who may be better fit for the job (p.77). The four-fifths rule could also be argue because the hiring rate for the minority group is less than four-fifths the hiring rate for the majority group in other departments, but more evidence would need to be known first. (p.77) Another strong point Griggs could argue is “Disparate Treatment” which includes hiring or promoting one...
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...court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired? The Age Discrimination in Employment Act (the ADEA) forbids discrimination based on age by protecting individuals over the age of forty from “arbitrary” age discrimination. Congress passed the Age Discrimination in Employment Act to “promote employment of older persons based on their ability rather than age (29. U.S.C. 621b. 1990). In Hazen Paper Co. v. Biggins, the Supreme Court of the United States resolved a split in the circuit courts of appeals and held that an employer does not violate the Act when the employer makes a decision wholly motivated by factors other than age. In Hazen Paper, the employer terminated an employee to prevent the employee from vesting in his pension. Under the employer’s plan, the pension vested based upon the employee’s years of service and was not directly related to age. The Supreme Court rejected the plaintiff’s argument, holding that “age and years of service are analytically distinct” and that it is “incorrect to say that a decision based on years of service is necessarily ‘age-based (Hazen Paper Co. v. Biggins. 507 U.S. 604 (1993). The Supreme Court concluded that there is no disparate treatment under the ADEA when the factor motivating the employer is some feature other than the employee’s age. The researcher...
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...Introduction Youth residential facilities all across America are filled with the future of our workforce. While in these facilities young people are taught to be functioning attributes to society, and the main way to do this is by obtaining employment. Often these youth are plagued by physical and mental disabilities that will give them a harder road than someone applying for the same position. The U.S. Census Bureau says that about 49.7 million Americans have a disability. Those with a physical disability were 9.4 percent, mental disability was 5.6 percent for people age 16 and older, and 6.9 percent had an employment disability (census.gov). When youth leave facilities were they have been groomed and ultimately institutionalized, they are stuck without skills that will help them obtain employment and be able to compete in today’s society. The research in this paper will explore the laws that protect those with disabilities and how they may be improved to provide them with equal employment opportunities. These youth put so much of their self-worth into having a job but are often discriminated against. Getting up and being involved in a working society puts forth an image of belonging as so many times in their past they have been shunned aside and made to feel inferior by those most important to them. Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats...
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...Pre-Employment Skills Testing and the Law Karen VanKampen April 2009 Table of Contents |Introduction…………………………………………………………………………………. | | |The Laws That Apply to Pre-Employment Skills Testing………………………………….. | | |The Benefits in Pre-Employment Skills Testing……………………………………………. | | |The Controversy / Risk in Pre-Employment Skills Testing………………………………… | | |Cases / Examples…………………………………………………………………………… | | |Recommendations………………………………………………………………………….. | | |Bibliography……………………………………………………………………………….. | | Introduction When seeking the best candidates for open job positions, employers (private and public sector) use a variety of legal means to screen and select viable candidates. Many employers use tests to identify the most suitable candidate to perform the job. The types of tests used by employers may include skills tests, psychological tests, strength tests, medical tests, personality...
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...Chapter 23 Employment and Immigration Law • EMPLOYMENT AT WILL Either party may terminate the employment relationship at any time and for any reason (unless doing so would violate provisions of an employment contract) o Exceptions: Contract theory- implied employment contract Tort theory- emotional distress, defamation Public policy- whistleblowing o Wrongful discharge- violation of an employment contract/statute protecting employees • WAGE/HOUR LAWS Fair labor standards act- minimum wage & overtime pay (1.5 times regular pay) o Child labor Age 14-15+ allowed to work (restrictions= hours per day and per week, no hazardous) Age 16-18 no restriction on working times/hours No restrictions on 18+ o Wages/hours Minimum wage Overtime- work over 40 hrs/week- paid 1.5x regular pay for all hours over o Overtime exceptions- executive, administrative, professional employees; outside salespersons; computer programmers ** primary duty is management Exceptions do not apply to : police, firefighters, nurses, public-safety workers, white-collar earning > $100,000/yr, computer programmers, dental hygienists, insurance adjusters • LABOR UNIONS o National Labor Relations Act- right of employees to engage in collective bargaining and to strike Employer practices unfair to labor: • Interference with employee efforts to form, join, assist labor org • Employer’s domination of labor org • Discrimination in the hiring/awarding based on union affiliation ...
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...Title VII is a very important part of legislation that was designed to prevent discrimination in the workplace; numerous amendments have been made to make the definitions easier to understand by clearly outlining inappropriate behaviors and actions. The following paragraphs will discuss the history of Title VII , the amendments, defining covered employees, disparate treatment, and sexual harassment. Policies that should be in effect in the workplace will also be discussed with the intent of further educating the readers. The History and Evolution of Title VII and its amendments (PDA, ADA, ADEA) Title VII was born out of the Civil Rights Acts of 1866 and 1964 and has grown to become the laws that almost all businesses must comply with. Title VII states that "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, religion, sex or national origin.” This title also makes it unlawful to "limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin" (Bennett-Alexander and Hartman, 2007). Title VII gave new rights...
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