Case Study Elaine Moose

Improved Essays
Situation 1: Elaine Mobley (Religious Discrimination)
The central issue covered by this case is religious discrimination because Elaine believes she had been fired due to her unwillingness to become converted to another religion, Christianity. Similar cases were ruled by the provisions of the Civil Rights Act of 1991 and Title VII of the Civil Rights Act of 1964 prohibiting any kind of discrimination (Civil Rights Act of 1991, n.d.; U.S. Equal Employment Opportunity Commission, n.d.). In this case, the court should decide whether Elaine Mobley had been fired because of her unwillingness to convert and filing a complaint with the department director or as the result of declining her attendance at work when she wanted to avoid stress related to continuous attempts to convert her. Because the employer fired Elaine after her
…show more content…
Similar cases are regulated by the provisions of the Civil Rights Act of 1991 and Title VII of the Civil Rights Act of 1964 (Civil Rights Act of 1991, n.d.; U.S. Equal Employment Opportunity Commission, n.d.). To solve this problem, the court should decide whether the partners submitting comments on Jones’ candidacy have not supported her because of her aggressive behavior or due to excessive masculinity. If I were a judge, I would rule that there were the signs of unlawful gender discrimination in the case of Thelma Jones. My justification is simple: when she was told that her candidacy was not reconsidered, she was recommended to become more feminine, wear makeup and jewelry, and improve her style instead of enhancing her communication skills and improving the level of her performance. In fact, most partners could not comment on her performance because they did not have enough knowledge about her skills and

Related Documents

  • Superior Essays

    Avoid Religious Discrimination in HR Perspective Under Title VII of the Civil Rights Act of 1964, “employers must reasonably accommodate employees’ sincerely held religious, ethical and moral beliefs or practices unless doing so would impose an undue hardship on the employer” (EEOC). To provide religious accommodation, employers are supposed to offer adjustments to the work environment to avoid or solve conflict of employees’ religious belief and practices with workplace requirements. Common religious accommodations include flexible working time, modifications of policies, and job reassignment. From HR perspective,…

    • 1779 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    In the case Dallas Fire Fighters Ass'n v. City of Dallas, white and Native American male fire fighters claimed race and gender-conscious promotions violated the Equal Protection Clause (Berkeley, 1996). The plaintiffs claimed the department passed them over for promotions solely on the basis of race or gender pursuant to the Department's affirmative action plan (Berkeley, 1996). The court held the constitutionality of an affirmative action plan, whether voluntary or court-ordered, must be subjected to strict scrutiny (Berkeley, 1996). The court found that the City's policy of "skip promotions" in the fire department was not narrowly tailored and therefore violated the plaintiff's equal protections rights (Berkeley, 1996). Likewise, the female…

    • 133 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    As stated above this case was brought to the United States District Court, Northern Division because the Plaintiff, Cindy A. Pilon, a Caucasian female applied for the Coordinator of Campus Recreation position at Saginaw Valley State University and was denied the position. The person who was rewarded the job was an African-American male. The plaintiff alleged reverse discrimination on January 7, 2003 and sued the university as well as the dean of the university, Richard P. Thompson. On march 10, 2003, the plaintiff amended her complaint, which now claims denial of equal protection of laws and discrimination on account of race in forming contracts; race discrimination against SVSU; and declaratory and injunctive relief against both defendants.…

    • 270 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Lewis filed a suit against Hartland for gender discrimination based on unlawful gender stereotyping. However, the suit was dismissed by the district court prompting Lewis to file an appeal. The legal issue being presented in this case is discrimination based on…

    • 1324 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    Case: Alabama V. Alabama

    • 315 Words
    • 2 Pages

    A Christian woman who was told to remove her headscarf for a driver’s license photo has sued officials of Alabama county, saying her faith convicts her to cover her hair. In December last year, Yvonne Allen of Tuskegee tried to renew her driver’s license, and she was told to remove her headscarf because “only Muslim women have the right to cover their hair.” On Tuesday, the American Civil Liberties Union (ACLU) filed a lawsuit on her behalf, saying the Alabama officials violated Allen’s religious rights, Christian Today details.…

    • 315 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Kathleen Bosko

    • 1633 Words
    • 7 Pages

    This court should find that Kathleen Bosko presented nondiscriminatory reasons that were pretext for intentional discrimination. Pretext can be proven by showing that the reasons proffered by the defendant did not actually motivate the defendant’s challenged conduct. Latowski v. Northwoods Nursing Ctr., 549 Fed. Appx. 478, 486 (6th Cir. 2013)(unpublished)…

    • 1633 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    John Scopes Case Study

    • 955 Words
    • 4 Pages

    As a legal precedent, the case illustrates that personal preferences cannot be utilized to discriminate a citizen’s belief system. Public education includes a variety of demographics, and the constitutional rights protect citizens’ freedom of…

    • 955 Words
    • 4 Pages
    Superior Essays
  • Decent Essays

    Laws vs. Justice: School Rescinds Gay Woman’s Job Offer In this article Dani Tinker the author writes about a school rescinding a gay woman’s job offer. The author questions in many ways if this is legal, in the ending find it is in fact that legal just depending on the state's own laws. Because the author is also a female i can is this with a feminist lens. “I can legally marry my girlfriend, but there are still many states where I can also be fired or evicted based on my sexual orientation (or gender identity)”…

    • 200 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Title VII Summary

    • 970 Words
    • 4 Pages

    Title VII of the Civil Rights Act of 1964 states that, “It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, sex, or national origin.” Its goal was to create equality of employment by removing obstacles facing certain classes, such as women. If a law firm had a dress code requiring women in receptionist and secretarial positions to wear high heels, the policy might be challenged under this statute. Courts have taken diverse approaches to applying Title VII and balancing employer and employee interests. Evidence of both adverse health effects and the cultural symbolism…

    • 970 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Introduction Thank you for contacting me about the above-entitled case against Mount Ararat Baptist Church. This letter reviews our conversation as well as brings forth new information in the case. • We spoke about the available legal remedies to prevailing complainants in discrimination cases. 43 P.S. § 959(f). • You stated that the Pennsylvania Human Relations Commission is unable to make the respondent give the complainant the position.…

    • 357 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Religion in the Workplace Religion is an important aspect of most societies because each country’s religious practice influence ethics, human dealings, social customs, and the ways in which members of a society relate to each other and to outsiders, as well as workplace behavior. Religion is becoming an increasingly polarizing issue in the workplace, forcing managers to balance the respective interests of employees, coworkers, and patrons of establishments. The annual debate about whether an evergreen is an appropriate public symbol in December or whether the office party should have a Christmas theme happens each year. Questions such as: Why should one bring his or her religion to the workplace? Why shouldn’t they?…

    • 1218 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    This argument affects the merit of the company. If a company were only to be worried about not discriminating against a minority group, then they would tend to lean back from hiring the white male and would hire, for example, the African American female. But while doing this, if the white male were to be more qualified for the job, then that is an argument of merit. Members of a historically discriminated group are in effect not necessarily victims; consequently, compensation is not necessarily owed, in this case, hiring the African American female. Hettinger has a list of reason of how failing to hire the most qualified person is unjust.…

    • 1047 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Case Study Marie Anne

    • 77 Words
    • 1 Pages

    Both doctors believe that Marie-Anne was mentally ill. She suffered meningitis when she was younger and during her pregnancies she was not in the right state of mind. Her being pregnant was the trigger as to why she acted in such a cruel manner. Marie-Anne explained to the doctors that her personality had changed considerably when she was pregnant. She claimed that she saw ghosts and heard noises.…

    • 77 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    While it may seem unfair for Fletro to be denied a job based on religion it is unfortunately constitutional. Unfortunately, Church of Latter-Day Saints V. Amos set a breaking exception for religious organizations to discriminate against persons for employment based on religion. Fletro can make a claim that this violates the establishment clause, but he is unlikely to win. A three-part test was established in Lemon V. Kurtzman for determining whether a state action violates the establishment clause. The states action must promote a secular legislature person and cannot advance nor inhibit religion.…

    • 524 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    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.…

    • 1289 Words
    • 6 Pages
    Great Essays