Essay on Irac Sample

670 Words Jun 20th, 2014 3 Pages
IRAC
Facts:
Wynona Harris started working in October 2004 as a bus driver trainee for the City of Santa Monica (City). In the course of her 40-day training period, Harris had a “preventable” accident causing minor damages on the bus’s back door glass. As soon as she completed her training and became an at-will employee, her probationary driver status started. She then encountered her second preventable accident. On top of her accidents, Harris had her “miss-out” incidents, where she neglected to call her supervisor at least an hour notice, informing about her absent of her shift. Per City’s regulation, drivers allowed to have at least one or two miss-out annually. However, this may imply a “reliability problem” with the driver.
In
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Rule:
The Fair Employment and Housing Act (FEHA) and title VII of the Civil Rights Act of 1964.
Analysis:
In enacting the FEHA, the Legislature spoke at length about its purpose. “It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation. It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interest of employees, employers, and the public in general.”
We believe that allowing a same-decision showing to immunize the employer from liability in circumstances like those facing Ann Hopkins and Anita Rowland would tend to defeat the purposes of the FEHA. Such discrimination, even if not a “but for” cause of the disputed employment action, would breed discord and resentment in the workplace if

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