Disparate Treatment Case Summary

Decent Essays
Disparate treatment is the first theory of discrimination, and it sums up the case for the plaintiff Miss Pettigrew. According to the case study, there is a conflict of interest if adjustors enroll in law school. The male employees enrolled in law school and kept their position (Melvin & Katz, 2014). The company fired Miss Pettigrew when she enrolled in law school. According to the lecture, on the surface, it is discrimination called prima facie and is subject to a rebuttal because it is intentional (Bethel University, 2014). This theory, from the McDonnell Douglas Standard, was crafted by the Supreme Court as a method of

Related Documents

  • 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

    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.…

    • 491 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In 1997, the Texas legislature enacted a law requiring all public universities in Texas to admit all high school seniors who ranked in the top ten percent of their high school’s graduating class. The University of Texas at Austin, after finding disparities between the racial and ethnic makeup of the university's undergraduate population and the state's population, decided to modify its race-neutral admissions policy. The new policy continued to admit all in-state students who graduated in the top ten percent of their high school classes, however, for the remainder of the in-state freshman class the university would consider race as a factor for admissions into the university. The plaintiff, Abigail Fisher, a white female, applied for undergraduate admission to the University of Texas in 2008.…

    • 849 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Katherine Godfrey applied to be a firefighter for the city of Chicago. After going through a physical test she was denied, due to the written application. Katherine believed that was discriminating, based on gender. A similar case was ruled in 2002.…

    • 769 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The Supreme Court wrote that disparate treatment is “the most easily understood type of discrimination.” IBT v. US, 431. U.S. 324,335 n 15…

    • 864 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    Since the early 1970’s Vilma Socorro Martínez has been one of the major advocates for Hispanic Americans in America. Vilma Martinez was born into a Mexican American family on October 17, 1943, in San Antonio, Texas. As a child, she grew up in a segregated world where the climate of racial hostility attempted to limit her in her goals. However, growing up in this atmosphere only encouraged her further. At the age of 15, she volunteered for a firm of a local Hispanic lawyer, Alonso Perales, which motivated to pursue a legal career dedicated to breaking down racial barriers (“Who is Vilma Martínez?”).…

    • 779 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The ethical problem in the case of Ledbetter vs. Goodyear Tire and Rubber Company is that the company unfairly paid Lilly Ledbetter while working there for 19 years due to her gender. Unfortunately, women have struggled since the mid-1900’s to gain the respect of the working-class industry in receiving equal pay and treated fairly as men. In some cases, researchers state that women in the workforce will not get paid equally for the same job function because of discrimination of gender gap. Throughout her employment with the company, her exposure to information led her to believe that she was being paid unfairly in comparison to her fellow male employees.…

    • 1055 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Kathleen Bosko

    • 1633 Words
    • 7 Pages

    In Latowski, the defendant claims that the plaintiff’s employment was terminated because she had a lifting restriction due to her pregnancy. The plaintiff disputes this proffered reason by claiming that discriminatory statements made against her show the actual motivation for her termination was in fact her pregnancy. This is very similar to the current case because even though the Defendant has stated that the travel accommodations were denied to the plaintiff because she lacked seniority, made her request after Johnathon Myers, and because no other Master Sculptor was available to complete the project, there were also discriminatory remarks made by Kathleen Bosko. These comments were made right after the Plaintiff requested accommodations and included Bosko reminding the Plaintiff that as a Master Sculptor at Bosko Arts Inc,, she holds a “plum position” in the art world and enjoys “steady employment and employment benefits.” Furthermore, in the case of Latowski, the remarks were made by individuals who were involved in or could influence the decision making of the adverse employment conduct, namely Judy Doyle and Rick Ackerman.…

    • 1633 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Garrett Vs Fisher

    • 1297 Words
    • 6 Pages

    I represent the Respondent, and request of the court to affirm the decision of the United States Court of Appeals for the Second Circuit. The legal standard is intermediate scrutiny. In order to disprove negligence, the challenged classification must serve an important state interest and is at least substantially related to serving that interest.…

    • 1297 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    I chose to write about the queer theologians, Jo Hirschmann and Elizabeth Wilson, because I appreciate their emphasis on the importance of intersectionality and moving beyond “identity politics.” As someone who was raised in a Christian household, I find their perspective from the viewpoint of Jewish theologians very interesting, but I think their main ideas can be applied to any religion or faith. Their piece from Queer Jews, “Next Year in Freedom! Taking Our Seder to the Streets”, aligned with many of my personal beliefs, but they also challenged and contradicted some of my opinions. In this essay, I will analyze the writing and beliefs of Hirschmann and Wilson.…

    • 1950 Words
    • 8 Pages
    Great 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
  • Superior Essays

    George Washington, one of America’s founding fathers once said, "A free people ought not only be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government. " What is the definition of free? Free is to be not under the control or in power of another; able to act as one wish. Being free is to not physically be restrained, obstructed, or fixed. The United States to other countries is seen and held to a high standard because of how much “freedom” it seems to have.…

    • 1742 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    In the Landmark Case 13.4 Diaz v. Pan Am. World Airways, Inc., a man with the last name Diaz is turned away from a job as a flight attendant with Pam American Airlines because the airline had a strict policy that only women can be employed as fight attendants. Diaz filed a complaint with the EEOC, claiming that Pan Am’s employment policy was in violation of Title VII because he was discriminated against based on his sex. Pan Am argued that gender was a bona fide occupational qualification (BFOQ) for flight attendant positions because expert studied had concluded that women were better in nontechnical aspects of the job, such as reassuring anxious passengers (Melvin & Katz, 2015, p. 386).…

    • 587 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    What is discrimination- discrimination is the behaviour or actions usually negative towards and individual or a group of people especially on the basis of sex, race, and social class. Discrimination may mean putting other people down, not allowing them to participate in activities, restricting their access to work or to live in certain neighbourhoods, or denying them something they are allowed. There are two types of discrimination • Overt- this is clear discrimination • Covert- this is the opposite of overt, which means the discrimination is hidden and can be harder to demonstrate.…

    • 788 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Miss Congeniality Analysis

    • 1425 Words
    • 6 Pages

    Miss Congeniality is an action comedy film that came out in the year 2000. This film starred the very well- known actress Sandra Bullock, who plays an FBI agent who has to undergo a transformation in order to become a contestant in the Miss America pageant. Bullock was later nominated for Best Actress at the 2001 Golden Globes, for her performance in Miss Congeniality. From its opening weekend till now Miss Congeniality has made close to a hundred and seven million dollars. The director of this movie was Donald Petrie, who went on to direct the movie “How to Lose a Guy in 10 Days” in 2003 and several other movies after that.…

    • 1425 Words
    • 6 Pages
    Superior Essays