...The best case June Jones can bring forward against her former employer is one of gender bias. There is no mention of any harassment of a sexual nature, so under work place harassment she can file her grievance as gender bias. Clearly, she is frustrated with management over what she deems as favoritism towards those of the opposite. Under Title VII of the Civil Rights Act of 1964, as well as other federal act (including the Equal Pay Act of 1963), employers are forbidden from discriminating against employees on basis of gender (Jentz & Miller, 2012). The Equal Employment Opportunity Commission (EEOC) is responsible for ensuring Title VII is enforced, victims of harassment must file a complaint with them first before proceeding with a legal actions against an employer. Military commanders don’t have jurisdiction over military spouses unless the transgression occurred on the military installation. The bank should refrain from contacting J.P. Jones’ commander because the only thing he/she can do is restrict the individual from having access to the installation. A commander’s authority over dependents and civilians is not as great as the “virtually absolute” authority over military members (Gittler, 2006). The Human Resource (HR) department has to show proof that policies and practices were in place to help prevent any form of harassment. Only if the employer can produce evidence of taking reasonable care to prohibit harassment does the employer have the possibility of avoiding...
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...EEOC Elizabeth SOC/315 July 15, 2014 Dr. Todd Dannelly As long as America has existed, equality has always been an issue for the people and for some a success, fortunately we have the Equal Employment Opportunity Commission, also known as EEOC. This organization is an important part of America’s workforce when it comes to protecting and helping employees who are being treated unequally or unfairly by the employer and it is the job of the EEOC to protect people not matter the color, race, age or the work environment. It is the responsibility of the EEOC to always provide a thorough investigation, education and knowledge towards complaints and violations of the law, an example of EEOC violation will be talked about in the paper which relates to the termination of a Nurse who was on approved medially leave and temporarily disabled to work. Compliance issue that led to the lawsuit and its ramifications for the organization and functions of the EEOC Nationwide healthcare provider Dialysis Clinic, Inc. (DCI) violated federal law by firing and refusing to re-hire a long-time nurse who needed more medical leave to complete her cancer treatment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today. According to the EEOC's lawsuit, Francisca Lee had worked as a nurse at DCI's Sacramento Southgate location for 14 years when she was diagnosed with breast cancer. Lee took medical leave in order to have mastectomy surgery and chemotherapy...
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...EEOC Presentation Throughout the United States brief history there has been a large amount of discrimination in the workplace and no laws to protect employees from such harassment. Title VII was passed which prohibits discrimination in hiring, firing, training, promotion, discipline etc. on the basis of an employee or applicant’s color, gender, race, national origin or religion. If any employee feels they have been a victim of employment discrimination they may a file a charge or claim with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC will handle all claims by following a common procedure and following all rules and regulations. Ganley Lincoln of Bedford, Inc., an auto dealership in Bedford, Ohio, will pay $300,000 to four African-Americans to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today “Racial harassment is utterly unacceptable and illegal,” said EEOC Regional Attorney Debra Lawrence. “It demeans the entire workplace as well as the direct victims. This settlement – both the monetary relief and the training -- will help ensure that African-Americans at this company will never have to face such abuse again.” The EEOC will take is to make sure all nonfederal government employee claims are filed within 180 days of the event where the discrimination occurred and federal employee claims are filed within 30 days of the event. Many states have their own fair...
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...EEOC Paper SOC/315 Monday, August 29, 2011 Cynthia Manns EEOC Paper The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit (EEOC, 2011). The lawsuit I chose to write about is DynCorp International which is based in Alexandria, VA. They are being sued for sexual harassment. Sexual harassment is a form of sex discrimination. Sexual harassment is unwelcomed verbal, physical, or visual conduct of a sexual nature that is pervasive or severe and creates a hostile work environment or affects working conditions. In this case a male employee was subjected to a hostile work environment. He was being harassed by another male employee. The employee also dealt with retaliation from the company. After filing a formal complaint with his company’s Human Resource Department, he was later moved to a different site which was also a lower paying position. I don’t believe this lawsuit promotes social change because this incident involves a man being discriminated against by another man. In my opinion this...
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...EEOC Abstract A pregnant female working as a dental hygienist for Indiana Health Center in Indianapolis was terminated prior to her maternity leave which violated Tile VII of the Civil Rights act of 1964 as amended by Pregnancy Discrimination act. This woman was awarded $45,000 while the company suffered multiple penalties. EEOC The Equal Employment Opportunity Commission case is on sex and pregnancy discrimination. The female in question was working at Indiana Health Center as a dental hygienist and as she was about to leave for her scheduled maternity leave when she was terminated from the company. Equal Employment Opportunity Commission stepped in with this case because it violated Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act. EEOC filed the lawsuit after first attempting to reach a pre-litigation settlement but because the two parties did not agree on a settlement court was the next step. After all the court proceedings, Indiana Health Center was to pay $45,000 to the female in question. In addition to the compensation, Indiana Health Center must comply with prohibitions against future discrimination; the center must allocate a policy of nondiscrimination, train its employees and report to the EECO as well as other things. EECO seeks pay including prejudgment interest, front pay, compensatory, and disciplinary damages. This case does promote social change in a way because since there were so many similar issues to...
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...States EEOC, Equal Employment Opportunity Commission decided to file a lawsuit. The Hyattsville store was said to have rejected the individual who applied for a position due to his kidney issue. EECO argument was that after Lorenzo Cook received a position at Kmart, the hiring office had made an appointment for Cook to finish the new hire paperwork and was required to provide a drug screening. Cook then met with the official and he let the official know that he did suffer from kidney failure and he was not able to give a urine sample because he was under dialysis. Cook did not refuse a drug test, he asked if there was a way to go about other drug testing such as blood or hair testing, any drug testing that would not need any urine sample. Management then stated that they needed to discuss this with her other employment officials. Two weeks or so later management let cook know that it is store policy that all new employees must take a standard urine test; they did not even discuss any alternatives. Kmart then denied Cook of the position because he could not take the urinalysis. This action that was taken place towards Cook violates the ADA, the American Disabilities Act, in this it requires businesses to show a reason that is accommodation, and this should be shown during the hiring process, unless for any reason it can show that it will be undue hardship. This act disallows those employers from denying the right to hire individuals due to their disability. The EEOC decided...
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...EEOC Presentation Terrious Simmons SOC/315 September 22, 2014 Donald Walker EEOC Presentation A press release was issued on behalf of the Equal Employment Opportunity Commission (EEOC) in regards to a federal lawsuit against a Concord, NC franchise restaurant Chick-fil-A. The lawsuit states that Heather Morrison was discriminated against for a job at the restaurant because she was six months pregnant at the time of interviewing for a job. According to the complaint filed by the EEOC, John Charping a manager at a local Chick-fil-A there in Concord, NC refused to hire Heather Morrison because of her pregnancy. Morrison stated that during the interview she was subjected to answer inappropriate questions about her pregnancy such as how many months she had been pregnant, her plans of childcare when the she delivers the child, and how much maternity leave will she require to take. Morrison stated that she felt the questions were inappropriate, but answered the questions because she wanted the job. According to the complaint, the owner of the restaurant called Morrison three days after the interview and informed her that she was no longer considered for the job and to call back after she delivered the child and childcare was in place ("Chick-Fil-A Faces Pregnancy Discrimination Lawsuit", 2013). The case, Equal Employment Opportunity Commission v. John Charping d/b/a Chick –fil-A at Concord Commons, Civil Action No.1: 13-CV-00535 was filed because of the violation of Title...
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...According to the commissioner Constance Barker of EEOC, believes “ small businesses do everything they can to comply with federal discrimination laws, [but] what starts out as a simple law becomes a complex law that is constantly evolving”. Small business face specific challenges when it comes to employment law, because the relative small size of their workforce and budgets. However small business owners can take steps to institute proactive EEOC policies. One of the other things that surprised me on the website was that EEOC provides training and technical assistance outreach and education programs to assist employers, employees understand and prevent discrimination. EEOC believes “preventing employment discrimination from occurring in the workplace in the first place is preferable to remedying the consequences of discrimination” (EEOC). Small business like my father’s who extra resources or funds go back into the business can sign up for the No-Cost outreach and education programs. EEOC outreach program provide general information about the EEOC, its mission, the employment discrimination laws enforced by the EEOC and the charge/complaint process. EEOC representatives are available on a limited basis at no cost to make presentations and participate in meetings with employees and employers (EEOC). I found it interesting to find out what EEOC laws they enforce and how they enforce them by employee requirements based on business type. It is difficult enough for small business...
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...laws. The Civil Rights Act of 1964 is the reason why the Equal Employment Opportunities Commission was passed. The reason for the EEOC is to help employees with a legal recourse and to make sure that they are treated fair and have an equal consideration with respect to employment and termination. Employees sometimes feel that employers engage in unfair practices. On rare occasion this may be true, there is something an employee can do. However, if the employee feels they have been treated unfairly because they are in a protected class, the employee has the ability to file a claim with the Equal Opportunity Employment Commission (EEOC). After the EEOC has followed their procedure, the employee may still file a claim in court to get a resolution. The EEOC is responsible for ensuring employers with more than fifteen employees are complying with federal laws of protection for protected individuals. They protect people that are based on race, color, religion, sex, national origin, age, and disability. The law stops employers from hiring or firing of an individual base on their race, age, religion, national origin, color or sex. When a person feels that their rights have been violated, he or she may file a claim against the company. The Equal Employment Opportunity Commission was started to protect the rights of an employees in the workplace. If EEOC can not settle the case, then the matter will...
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...After reading the U.S. Equal Employment Opportunity Commission’s (EEOC) website, I was initially surprised that businesses under 15 employees (and under 20 employees for age discrimination) are not covered by the laws that the EEOC enforces. I had assumed that all business were forbidden from discriminating against a protected class, regardless of the business's size. Even if a female employee had conclusive and undeniable proof that her termination was based on her gender alone, if her company had less than 15 employees, the employer could legally get away with it. In order for a worker to be counted as an employee under EEOC law, he or she must have worked for the company for at least twenty calendar weeks (EEOC). Independent contractors and temporary employees are not covered. Employers with several worksites should count all the employees together as one company. I had a trouble finding a clear reason on the EEOC website why the minimum cutoff is 15 employees. My best guess is that a company of that size is just too small to employ all classes of people indiscriminately. For example, a struggling five person business might go bankrupt trying to outfit their office to be wheelchair accessible. In this case I can understand how the business would have to discriminate against handicapped people when hiring. It also might be harder to employ a representative sample of the local population in a company that small. It is too easy to accuse a five person all-male company of gender...
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...HR Roles and Responsibilities The role of human resources is rapidly changing due to the trends in globalization, technology, diversity, e-business, and ethics. Human resources management, HRM, is defined as “the policies, practices, and systems that influence employees’ behavior, attitude, and performance” (Noe, Hollenbeck, Gerhart, & Wright, 2007). With the rapid rates of change happening in many organizations, the HRM plays an important role to systematically keep the organization stable through these transitions. HRM determines the qualifications of who will work for the organization and how well those people will work. In order to understand the need of human resource management, it is important to know all its roles within the organization. Performance management is also a role in human resource management. Often, performance management is neglected; however, this is an important role in HRM to ensure an organization is truly receiving the highest rate of return from its employees. Employees are the most important asset in any organization. They must be given the comment, development and justification they need to excel. To enforce performance management within an organization, it is important that HRM communicate with all employees the goals of the organization. Each employee must then set personal goals that align with these organizational goals (Toren, 2009). It is vital that comments are given on a timely basis regarding those goals. Formal comments will help...
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...EEOC Sues Red Lobster for Sexual Harassment Geana Gordon SOC 315 / Cultural Diversity October 7, 2013 Julie Hu A description of the compliance that led to the lawsuit The compliance that led to this lawsuit is alleging that a culinary manager at a Red Lobster Restaurant in Baltimore sexually harassed several female employees over a long period of time. Through his sexually offensive comments about these female employee’s bodies and physical actions of pressing himself against these ladies at opportune times; this was brought to the attention of the general manager and he failed to act on behalf of the female employees also. It was later found that this manager has a history of having made sexually charged comments towards female employees himself. This has put these employees’s into a sexually hostile workplace, which is against the law. The Equal Employment Opportunity Commission was alerted to the situation and has taken action. A brief Summary of the function of the EEOC United States Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination” (EEOC, 2013). This discrimination includes several different situations as in a job applicant or a current employer from being discriminated against because of the color of their skin, their religious faith, disabilities, and genetic information. If a female is pregnant this can not be held against her either. The types of situations that the laws cover are hiring, firing...
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...EEOC Paper Jacquelyn Kerrick SOC/315 July 17, 2013 Julie Hu, PhD. EEOC Paper A description of the compliance issue that led to the lawsuit Gender-based wage discrimination is an unlawful employment practice which should not occur in the United States today. Yet unfortunately, this type of discrimination is still faced by women in the workforce. The Equal Employment Opportunity Commission (EEOC) has filed a suit in the U.S. District Court for the District of Maryland, Greenbelt Division on behalf of a former employee of Extended Stay Hotels, Latoya Weaver. The suit alleges that Ms. Weaver had been the victim of gender-based wage discrimination, during her period of employment at the hotel chain’s Lexington Park, Maryland facility. Weaver, an experienced guest services representative, who had worked for the company for five years, discovered that two newly hired male guest services representatives were being paid at a significantly higher rate per hour than she was, for performing the same duties at the same facility. A brief summary of the functions of the EEOC The functions of the EEOC are centered on enforcing the federal laws pertaining to discrimination in employment. This includes many work situations, from unlawful hiring practices to wrongful termination, the EEOC’s function is to protect both job applicants and employees from being discriminated against due to race, religion, sex, age, national origin, disability and genetic information (U.S. Equal Employment...
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...EEOC Presentation SOC/ 315 November 12, 2014 EEOC Presentation In the month of October, 2014, a woman by the name of Laura Jones applied at a Baltimore, MD Wal-Mart for employment. The hiring procedure was going normally until the process reached the drug testing. The woman was asked to submit to a urinalysis within 24 hours in order to be further considered for employment at the company. Mrs. Jones went down to the drug testing facility to submit a sample but was unable to provide a urine sample due to her particular condition. She then returned from the drug testing facility to speak with a supervisor at the company to let them know that she was unable to provide a sample, because she had been diagnosed with end stage renal disease. The woman’s particular medical condition of end stage renal disease rendered her unable to provide a urine sample. The supervisor asked her to return to the testing facility and ask if they could let her take an alternate test instead of the urinalysis. The woman returned to the drug testing facility like the supervisor told her. When she asked the testing facility about the alternate test, the facility told her that they could administer an alternate drug test with the permission of the hiring company. Mrs. Jones then relayed the information back to the Wal-Mart supervisor, but the supervisor declined to order a different test. The supervisor informed Mrs. Jones that they would be unable to offer her employment because she was unable...
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...rehired by CCSLLC as based on discriminatory practices. According to the U.S. EEOC, it is illegal to discriminate against an applicant based on a number of factors, including race, religion, and age (if over 40). In the scenario presented, both employees were made aware of the restructuring of the department well in advance of the actual change. These two employees were not singled out from the bunch and informed of this change; they were informed along with all other employees in the department and neither woman was given a guarantee that upon completion of the outbound training program that they would be rehired. There are a number of questions that must be answered in order to accurately determine if either or both women have claims against CCSLLC. To begin, we must know more information about the other employees in the department. Are there other women in the department who were not rehired? If so, are these women over the age of 40 or under. This is an important question to consider because the Age Discrimination in Employment Act of 1967 protects individuals who are over the age of 40. Additionally, we have no information about the training that was completed and if they completed the training at a satisfactory level. There may have been other employees who scored better in the training than Leath and Ackermann. One other important factor to consider is the size of CCSLLC. According to the EEOC website, the number of employees that an organization employs may also determine...
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