Hudson Group Retail. The summary of the case is as follows, the complaint presented by the plaintiff, Wendie Dreves, age 58, against the defendant Hudson Group Retail stated that her male replacement, Jarrod Dixon, age 42, received a substantial pay increase as Dreves replacement when she was discharged after complaints of abusive and inappropriate behavior toward fellow employees. Dreves worked as a general manager for Hudson News 's retail operation at Burlington International Airport for about 7 years with 16 years of retail management experience. During that time, Dreves was awarded several merit pay increases with favorable review until her termination. Upon her termination, Jarrod Dixon, serving in lesser management roles for Hudson since joining the company in 2004 was picked a Dreves 's successor.…
The T-Shirt Offer and Picnic Photographs Case Study contained a few questionable actions by the union. This paper will summarize this case. Next, the paper will answer questions in regards to conduct, previous cases, outcome, and predict how the National Labor Relations Board (NLRB) will rule. Case Summary…
Entertainment workers Bambi Boots and Randy Rogers filed a complaint against their employer High Class Entertainment under the Fair Labor Standards Act, “It is a federal law applicable to employees engaged in interstate commerce or employed by an enterprise engaged in interstate commerce; sets minimum wages and overtime and regulates youth employment (Employment Law p. 480).” Fair Labor Standards Act has two requirements in order to file a complaint under this law. One is the employer and employee must have some kind of work relationship. Secondly, employer’s activities must meet an “in commerce” requirement. Bambi Boots and Randy Rogers have met those requirements because Bambi Boots started working with High Class Entertainment from May 26,…
New Mexico Employment Security Department, 101 N.M. 770, 772, 689 P.2d 286, 288 (1984) , we recognized that termination for an isolated incident which does not “significantly affect[ ] the employer’s business” may not form the basis for denial of benefits on the grounds of misconduct. In Alonzo, an employee was terminated after refusing to wear a smock when working at the cash register as required by company policy. Id. at 771, 689 P.2d at 287. As here, the employee’s previous work history was completely satisfactory, and there was no evidence that the employer’s business interests had been affected.…
Legal Analysis Union Pacific Did Not Discriminate Against Complainant on the Basis of Gender The Complainant raises two issues: 1) that she was denied a promotion and 2) dismissed from her position. She alleges that each of these events occurred based on her gender or for filing a prior complainant. She believes others were treated more favorably then she.…
Id. The victim at first did not complain to the superintendent of the Civil Constructor’s EEO division until 1996, although the harassment began two years prior in 1994. Id. In 1996, the victim filed a report with the Union Teamsters Local 325. Id.…
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.…
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 Desert Palace v. Costa, the plaintiff, Catherine Costa, claimed she was terminated for a legitimate reason (a physical altercation in a warehouse elevator) and an illegitimate reason (her gender). Costa had a history of problems with management and co-workers that eventually led to disciplinary actions being taken against her by employer. Costa’s involvement in a physical altercation with a male co-worker led to her termination from Desert Palace. Both employees were disciplined but because of the male employees clean disciplinary record he only received a five-day…
According to the Supreme Court the rule held in the 11th circuit was that employees could not challenge any discriminatory pay if it has occurred for more than 180 days. Since Ledbetter’s failed to file a lawsuit against the company within 180 days, the court won 5 to 4. In other words Ledbetter continued to receive discriminatory pay because her case was filed too late. Judge, Justice Ginsburg was so appalled by the courts decision, she decided to dissent from it.…
Verizon Wireless is currently investigating a contracted warehouse they use as one of their fulfillment centers called XPO Logistics. In April 2018, eight women filed a complaint against this company with the Equal Employment Opportunity Commission due to being sexual harassed in the work place from being touch inappropriately too lewd comments being made, among other things. Once, Verizon heard of the allegations they immediately began an investigation, although it does not involve them directly or their employees they do not tolerate any association with discrimination or sexual harassment with their suppliers. This is not the first case, the company has had a past history of these accusations in which union workers are currently rallying…
I was sent to the precinct for disorderly conduct. I got out two days later, the charges were dismissed. I felt like I couldn’t defend myself, didn’t know what to do. There were no witnesses present to see what was going on. I just wish someone was there to witness it.…
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.…
Federal Express (1995). A courier was harassed by a customer on her route. The customer made such comments as saying she looked better without any clothes on and repeatedly asked her out on dates. She brought this issue up with her supervisor who wrote to the customer asking him to refrain from ? any future conduct that could be perceived as offensive or intimidating?.…
3.0 QUESTION 1 What financial impact do you think the lawsuit could potentially have on Wal-Mart? Do you think the women deserve to win their lawsuit? What is the outcome of the case cost Wal-Mart so much it had to lay off thousands of its workers and close stores? Answer:…