There are two main employment law issues that can be seen in the quote provided above and throughout the article. In Silicon Valley there has been a huge uproar over sexual harassment between women and men in executive start up positions or by venture capitalist. Several companies in the Silicon Valley area have agreed that there is a large gender imbalance within the tech industry and in position such as engineering. In the article there is a discussion on females within the tech industry and positions with gender imbalance who are speaking up about sexual harassment and attempts to place them in a quid pro quo situations that were ignored by companies or whom were forced to keep quiet to keep their jobs or receive help needed. In the quote spoken by Lindsay she explains how she personally experienced sexual harassment not only because of her gender by also due to her race, and it was because of her sex and race that she felt there was a need to “tolerate” discriminatory behavior.…
The Smithville Area Aging Office is in a state of emergency. The agency has refused to deliver services to Gay/Lesbian/Bisexual/Transgender people, and now there’s a pending legal class action suit filed against the agency, its staff and its Board of Directors. Its federal and state funding has been frozen and the agency is forced to close since it solely relied on funding from federal and state to operate its services. The executive board consists of mostly people who have some type of affiliation with the Christian faith, but Smithville Area Aging Office is not a faith-based organization, so when the agency refuses services to Gay/Lesbian/Bisexual/Transgender people, the organization discriminated against them as well as creating a situation…
Relief Sought: Petitioner filed suit against the Western Line Consolidated School District seeking reinstatement because the nonrenewal of her contract violated her First and Fourteenth Amendments. Issues: Givhan v. Western Line Consolidated School District addressed a teacher’s right to free speech under the First and Fourteenth Amendments. Facts: Bessie Givhan, a teacher in Mississippi’s Western Line Consolidated School, went into the principal’s office and expressed her opinion concerning the school’s hiring practices and policies. She believed that the practices were racially prejudiced, and after expressing her opinions, the principal claimed that the teacher made unreasonable and hostile demands. After the school year, her teaching contract was not renewed.…
Minnesota Courts apply the principles developed in the Title Nine cases in analyzing suits brought under the Minnesota Human Rights Act. Under both the Federal and State law on plaintiff and employment context must establish 1) membership in a protective class, occurrence of an unwelcome harassment, that the harassment was based on plaintiff’s status in the projective class and the harassment affected a term, condition or privilege of employment or recreated a hostile work environment. Isaac Vogal Violated Corporate Policies Against Harassment and Discrimination According to the company’s employment handbook all employees and staff are expected to treat people…
I thoroughly enjoyed reading the article, "Franchise Hostages: Fast Food, God, and Politics" by Robert W. Emerson and Jason R. Parnell. Prior to reading this article, I never thought about the possible negative effects that the freedom of speech has on a company. It made me realize that leaders of companies have to be cautious when speaking about politics. This highlights the fine line of free speech and politics. The examples given in this article show that when leaders of companies speak publicly about politics, there are likely negative consequences.…
Source #1 This database article found in ABC-CLIO includes an article about the woman Anita Hill , written by Dave Compton. article spoke of Anita Hill and her influential role in the U.S. Supreme Court nomination of Clarence Thomas and the retaliation she endured as a result of unintentionally speaking out about her experience of sexual harassment while working under him. Compton argues that Hill did not intend for her personal comments to culminate in a hearing in front of the entire nation, and, afterwards, she received unduly cruel reactions and retaliations to her and her legacy due to her involvement. This article provides a historical, racial, and political viewpoint of sexual harassment.…
It is well-known to our society that discrimination against LGBT community has risen up to our attention nowadays. Since LGBT community gain acceptance, there is still a lot of individuals or groups who practice discrimination towards them. When the civil rights was made at the first time, there is no question that it was conducted to embrace all of human race, including homosexuals like Dawson. Despite the on-going debate whether homosexuals are acceptable to each and every individuals, they should still be equal under the law. Discrimination inside the workforce is tough to resolve, as the work itself is already stressful to many employees.…
Supreme Court decisions on sexual harassment, particularly in the Faragher case, have increased concerns about the nature of an acceptable policy and complaint mechanism. In that decision, issued on the same day, the Supreme Court ruled that, when there was no direct adverse job action involved, an affirmative defense against claims of supervisor harassment can be made. There is research relevant to the issues of effective policies, investigation processes, and what constitutes a reasonable or unreasonable failure to use an available complaint mechanism. However, further research, written in a way that makes it more accessible to lawyers and the courts, would be of…
In the case of Adjaha Djara vs McFaddy Burger Joint I find that there was a discrimination based on religion. Plaintiff was unlawfully fired based on her religious beliefs. Religion discrimination violates the Title VII of the Civil Rights Act of 1964. There was no reason to be fired after Adjaha Djara was wearing head scarf. According to the McFaddy Burger Joint Dress Code Policy, employees are expected to wear uniform, consisting of company issued pants, shirt, and visor.…
Question 1: Identify and describe the specific issues Maalick encountered in the workplace. Do the actions of other workers at Trenton represent discrimination and harassment? What elements of law are important for Trenton to consider? Religious Discrimination & Harassment: Harassment and discrimination was evident in this case based on Maalick’s religion. Trenton has strong culture that provide avenues for employees to know what will and will not be accepted in relation to their behavior, workplace discrimination, and harassment.…
EEOC v. Target When a company treats a person differently based on the color of their skin or because of certain characteristics associated with them, it is considered race discrimination (EEOC.gov, 2015). The EEOC vs. Target case is a perfect example of discrimination based on race. The store team leader in question was blatantly not hiring or ignoring the applicants based on their race. When they have proof that he was giving interviews to the white applicants, but not to the African American applicants. When one of the applicants who interviewed scored in the high percentile on his tests and then was still passed over for the positions without any reason as to why he was not chosen, nor was he given any type of feedback on what requirements…
Supreme Court’s decision in the case of Hoffman Plastic Compounds v. NLRB, 535 U.S. 137, 122 S. Ct. 1275, 152 L.Ed.2d 271 (2002), Mr. Castro was fired for his organizing activities, which he was unlawfully terminated (“Undocumented Workers”., n.d.). “The National Labor Relations Board, the agency that administers the NLRA, ordered the employer to cease and desist, to post a notice that it had violated the law and to reinstate Mr. Castro, and to provide him with back pay for the time he was not working because he had been illegally fired (“Undocumented Workers”. , n.d., p. 5.) .”…
The first amendment is the nucleus and appears to be the root of various political affairs in today’s modern society. From freedom of speech to the controversial subject matter of abortion; the first amendment contains multifarious deficiencies and is a profoundly disputed topic. Discrimination is one of the monumental aspects associated with this misconstrued amendment. Debate is very prevalent on the matter of whether it or not it should it be deemed unlawful for citizens to discriminate against minorities or gays without facing a consequence. The United States constitution prohibits discrimination when referring to any and all facets of employment.…
Ethics have a major impact in the way companies hire and fire employees. Today, more than ever, companies are susceptible to lawsuits for a myriad of reasons from wrongful termination to policy violation to violating equal employment rights. Many of these organizations spend years entangled in the legal system and accumulate thousands of dollars in legal fees. More often than not, many are bankrupt as a result while others downsize and pay out millions to victims.…
Diversity refers to those attributes that makes people different from one another. The six primary (and stable) dimensions age, ethnicity, gender, physical attributes race and sexual/affectional orientation (Konopaske, Ivancevich & Matteson (2016). The Strength, Weakness, Opportunity and Threats Analysis is a valuable evaluation and planning technique used to determine how Tower Loan’s business and management practices affect the diverse population not only for the employers but for consumers as well. First, we will discuss the internal strengths and weaknesses of Tower Loan’s environment, identified as it relates the Organization Behavior (OB) process of encouraging cultural diversity in the workplace. Then we will identify strategic factors…