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…
1. Goods versus Services. A. ISSUE: Discuss fully whether the contract between the Palermos and Colorado Carpet was primarily for the sale of goods or the sale of serv¬ices. The contract between the Palermos and Colorado Carpet was primarily for the sale of services because the Palermos orally agreed to the purchase and installation of the carpet.…
Walgreens is a well-known company that is commonly said to be "on every corner". This drugstore chain - with its large quantity of locations and businesses - employs many people to fully staff each location. With that being stated, it is only inevitable that the company will run into issues with its employees. On June 20th, 2005, an Illinois based Walgreens found itself in a racial discrimination class action case. According to the Civil Rights Litigation Clearinghouse, private plaintiffs "alleges that Walgreens practiced nationwide systemic racial discrimination against its African-American management and employees" (Miller, 2010).…
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…
Parties: Ms. Palsgraf Long Island Railroad Co. Two employees Man catching the train carrying the unknown fireworks Issue: How is the duty of care determined for Ms. Palsgraf safety while on the platform of the train station? Does the Long Island Railroad Co. owe that duty to Ms. Palsgraf? Is the Log Island Railroad Co. responsible for the actual and proximate case of Ms. Palsgraf injuries?…
1) From the case study, provide one example of each of the forms that public policies can take: laws, rules or regulations, other implementation decisions, and judicial decisions. Law: Social Security Amendment of 1965 is a public law 89-96. It was created to aid senior citizens with health insurance (Medicare) and to provide health care to indigent population and disabled (Medicaid). Rules/Regulations:…
On October 12, 1977, a thirty-five-year-old white male by the name of Allan Bakke took the University of California Davis Medical School to the California Supreme Court for rejecting his admission into the school “because of his race”; he believed his rights had been violated under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, and Title VI of the Civil Rights Act of 1964. The University of California Davis Medical School reserved sixteen spots for minorities out of every 100 students. Allan Bakke, wanting to become a doctor, applied for medical school at the university two years in a row, and was rejected both times. Bakke discovered all of the minority students let into the school instead of him had lower test scores and grade point averages than he did, and so he was convinced that if the school didn’t have the minority program, he would be accepted into the university.…
1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.…
Heart of Atlanta Motel v. United States Young, 1 Heart of Atlanta Motel v. United States: Discrimination in Public Business Nick Young Liberty High School AP Government 4A Heart of Atlanta Motel v. United States was a court case in which the Heart of Atlanta Motel was denying African Americans admittance into the Motel based on their race. In 1964, the Heart of Atlanta Motel was sued for violating Title II of the Civil Rights Act of 1964, which ?forbade racial discrimination by places of public accommodation if their operations affected commerce? (Chicago-Kent College of Law, 2015). The results of this case helped determine the legality of public business owners choosing their own customers. It also helped define…
In a Democracy it is important to have frequent elections where all adults have the availability to participate. Until recent history the United States had mechanism put in place where some groups of society had multiple obstacles. Mechanisms like poll tax and literacy tests were given to reduce the number of minority voters. Individuals were even disfranchised and had no capability to vote. Devices and mechanisms able to break the burden of disfranchisement had first began in 1965 when a group of peaceful marchers traveled to Selma, Alabama, to the state capital of Montgomery to push and promote legislation for the creation of new voting rights legislation.…
Plaintiff Savitri Bhama and defendant Rajendra Bhama were married until they got a divorce in 1977, they both are psychiatrists. While married they had two kids together. After the divorce custody of both kids was given to Savitri. Which led to a custody battle between the defendant and the plaintiff. In 1981, custody of both children was given to the defendant.…
Case: Katzenbach v. Grant 2005 U.S. Dist. LEXIS 46756 *; 2005 WL 1378976 Facts: The Plaintiffs, Katzenbach and Osuna filed a lawsuit against Defendant Grant over a film and book rights. Grant owns a website called “thenightexposed” (www.thenightexposed.net). The Plaintiffs claim that Grant caused problems with negotiations with Sony Pictures and the USA Network. Plaintiff further claims that Grant sent a letter calling Osuna book a fake and made other defamatory articulations about the Plaintiffs on his website.…
The Civil Rights movement took place beginning from around the 1940’s throughout the 1960’s. Selma is a popular 2014 historical drama film that centers over the Civil Rights movement during the year 1965, focusing on the five day, fifty-four-mile march from Selma to Montgomery led by civil rights activists Martin Luther King Jr., James Bevel, John Lewis, Hosea Williams, and organizations such as the SNCC (Student Nonviolent Coordinating Committee) (1). This movie provides viewers with a visual representation of the struggle African Americans underwent when overcoming the voting difficulties in the South and their right to vote. In 1964, President Lyndon B. Johnson passed the Civil Rights Act which forbade discrimination based on color, creed,…
Case: - FutureSelect v. Tremont Group Holdings, Inc., 180 Wash.2d 954, 331 P.3d 29. (2014). This case takes place in the Supreme Court of Washington. This is a state court case.…