...1. Research the Laxton vs. Gap lawsuit -- provide some of the details involved in the case. Mrs. Laxton was working as General Manager at a Stein Mart store when Gap approached her to be the General Manager of a new Old Navy store that was going to be opening soon. Laxton declined the offer at first but then Gap offered her $10,000 more a year than she was making at Stein Mart, so she accepted. Laxton learned she was pregnant after she accepted the offer from Gap. On her first day of work Laxton reported that she was pregnant. Mrs. Jones was upset that Laxton was pregnant and complained that she would have to pull managers from other stores to cover Laxton’s store during a busy holiday season. The store opened successfully and Laxton received bonuses for doing such a good job. Laxton’s first written warning came about a month after the store opened. There was a scheduled power shut off at her store. Laxton was concerned for her employees that would be counting money while the back door would be open for deliveries and with no power the alarm system wouldn’t be working. She was denied a request to close the store a little earlier, but she closed it anyway for safety. Less than a month later Laxton received a final written warning from Gap. In the Final Written Warning, Gap claimed Laxton violated four of the company policies and procedures: exiting the store by the back door, displaying unacceptable behavior toward an employee, Kerri Vallery, over the store's walkie-talkie...
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...Week 1 Lizette Martinez Kaplan University HR420: Employment law Sarah Scott November 12, 2012 Introduction The Pregnancy Discrimination Act (PDA) involves treating a woman an applicant or employee unfavorably because of pregnancy, childbirth, or medical condition related to pregnancy or childbirth. In 1978 congress amended title VII of the civil rights act of 1964 to enact the pregnancy discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave health insurance, and any other term or condition of employment. Pregnant woman are entitled to take disability leave or leave without pay just as an employer who is not pregnant; it is also illegal to harass or discriminate towards a pregnant woman. Pregnant employees may also have additional rights under the family and medical leave act (U.S. Equal Employment Opportunity Commission). What happened in the case? Provide a summary of what were the organization’s actions that were not in compliance with an employment law. In this case a pregnancy discrimination lawsuit at a giant Arkansas took place. Wal-Mart had rejected a pregnant applicant. Wal-Mart refused to rehire Jamey Stern because she was pregnant. Jamey Stern was told by the assistant manager to come back after she had given birth. The business had violated Title VII of the civil rights act of 1964 by discriminating towards an employer because...
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...Under the federal Pregnancy Discrimination Act, it is suppose to be against the law to refuse to hire someone because she is pregnant. Such rules like this may be applicable to a work environment like Walmart, because it is a large department store that most positions do not require heavy lifting, just a simple transfer to a less physical department will help a pregnant woman prosper. Yet, in contrast if you were managing a small company like a construction company where exposure to reproductive hazards is great, you would be considered grossly negligent for allowing a pregnant woman to do such a dangerous job, jeopardizing not one life but two. Furthermore, according to the U.S. Department of Labor (1999), even though only a few agents were...
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...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 V11 of the Civil Rights Act of 1964 or the Pregnancy Discrimination Act (PDA). This act states that pregnant women must be treated in the same fashion as any other applicant. Employers are forbidden to make inquests to pregnant woman or deny a woman a job based on being pregnant. The case was settled when the restaurant agreed to pay the victim...
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...Name: Level: Date of submission: Equal Employment Opportunity and Employee Rights Pregnancy Discrimination Act of 1978 According to PCA, the pregnant woman must be allowed to continue working so long as she is able to do her job. Also she should be treated fairly like any other temporary disabled worker if she is unable to do her job temporarily. Absence that is related to pregnancy, the employer is entitled to hold that vacancy for the same period length those other employees on leave get (maternity leave insider.). On health insurance, the employer must cover all expenses emanating from pregnancy related circumstances. All amounts payable to the pregnant woman can face limitations only at the same level as the other amounts payable to other conditions (maternity leave insider.). Benefits relating to pregnancy should be the same in all female employees or else job classification. Pregnant women on leave must be offered the same treatment as any other employee with temporary disability in terms of pay rise, or any other related benefits. U.S. District Judge in Texas Lynn Hughes turned down a Pregnancy Discrimination Act (PDA) case which was filed by Donnica Venters who accessed Houston Funding Company for terminating her because of using a breast pump while at work. The judge ruled that lactation was not childbirth, pregnancy, or a medical related situation (Neil, 2012). Family and Medical Leave Act of 1993 Family and Medical Leave Act (FMLA) of 1993 entitles...
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...manages organisations on unfair firings. The EEOC investigates and then legally helps people who think they have been discriminated against while working in organisations. This discrimination can be of many types such as racial, gender, age or even if a person has some sort of disability. From what I have understood after reading the text, Susie Q was hired by a company called as Happy Smile Maxillofacial Surgery during her second day at work she was fired after her bosses found out that she was pregnant. After doing some research I have found that the Civil Act of 1964 is basically a law which stops discrimination of any kind while Title VII of this Act deals with discrimination in the place of work. In 1978 there was an addition to the Civil Act Title VII where discrimination on the basis of pregnancy was also added and this change was called Pregnancy Discrimination Act. So through this change to Civil Act the dismissal of Susie Q can be considered as going against this law. The question regarding if it was legal to fire Susie Q is a tough question because there are two sides to this story with both sides having valid points. Well first of all if we look at this problem from Susie Q and the EEOC’s side then it is illegal to fire Susie Q because she is protected by the Pregnancy Discrimination Act. Also that she applied and got accepted for the job of a receptionist and as a scheduler. This, in my opinion is not a very demanding job and I think that if Susie Q would...
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...FastServ has to lay-off three employees, Brian Carter, Sarah Boyd and Jenny Mills. The lay-off has to be done within the scope of law. FastServ must have justifiable reasons to lay-off the three employees else it could result in employees filing complaints claiming Age discrimination, discrimination against pregnant women and Violation of ADA. Based on the three employees that are going to be laid-off, the following three statutory or case laws are relevant to the situation. The Americans with Disabilities Act 1990 The Age Discrimination in Employment Act 1967 The Pregnancy Discrimination Act 1978 Brian Carter is one of the employees that will be laid-off since his skills and expertise will be redundant with the plug being pulled on the website business. He is an average performer and has attendance issues due to a debilitating injury that is affecting his work. If Brian Carter’s lay-off is because of the change in business plans, then the termination has a proper cause. If FastServ is laying-off Brian because of his injury that is causing his attendance issues, it will be in Violation of Americans with Disabilities Act 1990. Sarah Boyd is 53 years of age and the oldest employee amongst the five employees on the list of lay-off. The reason to lay-off Sarah Boyd is the automation of the Dispatch department which has caused her skills to be redundant. The management is not able to find another position across the company where her skills could be put to use. If a proper...
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...pro-choicers and pro-lifers have found common cause in Young v United Parcel Service, a pregnancy discrimination case the justices will take up on December 3rd. Yet the ideological overlap, while intriguing, is no guarantee that justices will reach consensus. Peggy Young was working part-time as the driver of a delivery truck for UPS when she became pregnant in 2006. Ms Young’s midwife, frowning on the requirement in her job description that she haul 70lb boxes, wrote a note to UPS recommending that “she not lift more than 20 pounds." On this basis, Ms Young requested a few months of a lightened load. Other UPS employees were eligible for such an accommodation, she reasoned, so she wasn’t asking for anything out of the ordinary. Workers who were injured on the job, who were disabled under the terms of the Americans With Disabilities Act, or who lost their driving credentials were all eligible (under the collective-bargaining agreement) for “light duty” assignments. But Carolyn Martin, the company’s occupational health manager, rejected Ms Young’s request. Since pregnancy did not fall into any of the three categories of workers eligible for alternate assignments, UPS would not switch her to a less physically onerous job. Ms Martin "empathise[d] with [Ms Young's] situation and would have loved to help her," but sent her packing on an unpaid leave. The case concentrates on whether the Pregnancy Discrimination Act (PDA), a law passed in 1978 that fortified employment protections for pregnant...
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...employees in the healthcare field is very important. Not only illegal drugs but also prescription narcotic drugs. Being that healthcare workers often have easy access to different types of medication; there should be random testing of employees for these drugs also. As far as alcohol; even though it is legal to drink when over the age of 21; most companies have a policy in place concerning alcohol consumption. In my opinion a very important law that relates to healthcare is the Pregnancy Discrimination Act of 1978. This law protects pregnant employees from being discriminated against due to being pregnant. The law requires employers to treat pregnant women the same as any body else who has a health condition. Meaning if an employer allows an employee to take sick time due to having a stomach flu or feeling nauseated, then the employer must allow a pregnant woman to take sick time if they have morning illness. It also prevents employers from forming or providing a health care plan that doesn't cover pregnancy. This law is in existence because there have been documented cases of employers discriminating against pregnant women. In some cases pregnant women have been demoted and even laid off when their OB/GYN's told them to perform only light duty tasks at work. These days the law protects women from being demoted or laid off because their OB/GYN's place them on light duty. It also affects employment practices because an employer can't not hire a pregnant women. A pregnant...
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...No Pregnant Chicks-Fil-A Chris McFarland University of Phoenix Professor Bailey SOC/315 7/21/2014 No Pregnant Chicks-Fil-A A description of the compliance issue that led to the lawsuit and its ramifications for the organization. Heather Morrison, a Charlotte North Carolina resident applied for a position at a local Chick Fil A in her hometown. Heather was 6 months pregnant when she was called into the Chick Fil A store for an interview with the store manager of Chick Fil A. During Heather’s interview the store manager consistently focused on the fact that Heather was pregnant and asked Heather numerous questions in regards to her pregnancy, questions concerning time taken of for the birth of the child and also asked questions concerning child care for her child in regards to interfering with her employment at Chick Fil A. 3 days after the inappropriate interview Heather received a phone call from the Chick Fil A Manager informing her that she would not be getting hired for the position and stated that she should call back after she has the child. Because Heather was discriminated against by the store manager, Heather filed a lawsuit against Chick Fil A for discriminating against her because she was pregnant. This has not only tarnished Chick Fil A’s image but they were forced to pay Heather $10,000 and undergo much scrutiny from the media and EEOC and also undergo annual training in regards to hiring practices and specifically the hiring or pregnant females...
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...Bandage Automotive Case Analysis BUS310-011016 Date: May 27, 2011 Bandage Automotive Case Analysis Given Bandag Auto’s size, and anything else you know about it, explain why and how the human resource management function should be reorganized. Given the size of Bandag Auto in reorganizing its HR function will make for a more efficient company. I suggest the following services be put in place: 1. Transactional HR group which will focus on using centralized call centers and outsourcing arrangements with vendors to provide specialized support in the day-to day- transactional HR activities to the company’s employees. 2. Corporate HR group that focuses on assisting top management in “top-level” big pictures issues such as developing the company’s long-term strategic 3. Embedded HR unit and assigns a HR generalists directly to department like sales and production, to provide the localized human resource management assistance the department needs. 4. Specialized HR consulting firms within the company to provide support in area such as organizational changes. Recommend what Bandag should change and/or improve upon regarding the current HR systems, forms, and practices the company now uses. “In today’s competitive environment, it’s important for all managers to understand they have a role in building, even within their own department, high-performance work systems. A high-performance work system is a set of human resource management policies and practices that promote...
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...personally notified Mr. Con Tenshus that you were pregnant, you have received less favorable treatment at work. This treatment includes; 1 – being continuously pressured to go back to part time work, 2 – being treated differently to other employees and 3 – pay rise being turned down after three month probation. This caused you to your workmates making you feel uncomfortable, extremely stressed and anxiety coming to work. Therefore you do have the grounds for a discrimination case. Since you didn’t want to work part time or especially not resign as you wanted to work until September, you have been pressured to resign. This is known as constructive dismissal which is when your employer, in your case Mr. Tenshus, conduct has caused you to resign. Now you have two possibilities to take this case. These possibilities are as follows; 1 – NSW Anti Discrimination Act 1977. This is under state government and law. An important fact you must understand this Act, you can claim up to $40,000. 2 – Federal Court Sex Discrimination Act 1984. This is the Act I strongly recommend you follow as there are more sections you can particularly follow and relate to. First of all you have done the first step by providing a written recount of what has happened in your situation. Your next steps include; how to lodge a claim. This involves notifying your employer, show what has happened and how you were dismissed (in your case discriminated against). Get this in as quickly as possible as there is...
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...DISCRIMINATION IN THE WORKPLACE Discrimination in the workplace has been present throughout history and has branched into various forms in the past and existing time periods. Individuals suffer losses and are jobless because of discrimination. Discrimination happens when an employee is treated unfavorably because of their race, skin color, gender, disability, religion, or age. There are four discrimination types that can be identified, they are disparate treatment, disparate impact, pattern or practice, and retaliation. Disparate treatment discrimination exists when individuals in similar situations are treated differently and when the differential treatment is based on the individual’s race, color, religion, sex, national origin, age, or disability status (Giffin, 2008). An employee with the same skills of other employees may not get to benefit like others because the victim may have a different religion, is an example of disparate treatment discrimination. If this employee tries to file a charge, they must prove that there was a discriminatory motive. Some companies can treat a member differently when bona fide occupational qualification exists for performing a particular job. Disparate impact discrimination is when an employment practice is neural and non-discriminatory in its intention but, disproportionately affects individuals having a disability or belonging to a particular group. An example of this discrimination is if the job requires a person to be strong...
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...in depth the Pregnancy Discrimination Act of 1978. This Act was approved on October 31, 1978 with the purpose of amending Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. EXPLANATION OF THE ACT AND ITS HISTORY: The Pregnancy Discrimination Act was brought about as a result of the significant discrimination being placed upon woman in the workplace due to pregnancy or pregnancy related medical conditions. This Act was also passed in response to the U.S. Supreme Court holdings in General Electric Company v. Gilbert, that pregnancy discrimination does not violate the Constitution or other federal law. The Act was passed in 1978 as an effort to rebuke this descision and eliminate this discrimination and set guidelines for employers. As provided by the U.S. Equal Employment Opportunity Commission the Pregnancy Discrimination Act of 1978 is described as follows: “An Act to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 701 of the Civil Rights Act of 1964 is amended by adding at the end thereof the following new subsection: "(k) The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth,...
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...women and men equally in the company in different positions (PHILLIPS v. MARTIN MARIETTA CORP, 1971). Jennifer Maudlin a single mother, bought a lawsuit against Inside Out, a religiously-based community center. She claimed that fired her after she told them, that she was in her trimester pregnancy. According to her just single mom were treated in that way, there too were single dad but the rules were different for them. They were not fired to have a kids before marriage. Jennifer is not only the person who faced such discrimination, there are many women who faces pregnancy discrimination and loses their job (Inside Out and Pregnancy Discrimination, 2013)....
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