1. Mr. Goebel and other African American candidates are casualties of racial separation due to the organization's enlisting strategy. The employing strategy was not purposeful, but rather it resulted in a divergent effect. African American candidates are more averse to hold a secondary school confirmation or GED and normal lower scores on the IQ test contrasted with White hopefuls. The IQ test is not applicable to the capacity to play out the Assistant Manager part inside the organization. Per the decision in Griggs v. Duke Power Co., the court decided that the organization's business necessities did not relate to the candidate's capacity to play out the occupation. Straight to the point Clothiers is like the Griggs v. Duke Power Co. case,…
1991. The Supreme Court ruled that direct evidence was not required. Before this decision, plaintiffs in such "mixed-motive" cases, i.e., a case in which an employer had both legitimate and illegitimate reasons for making an employment decision, were only successful in getting their cases heard if they had direct evidence of discrimination, now they are no longer required to present direct evidence, but can present evidence of any type. As a result, it is now easier for plaintiffs to have their…
It was in this case where the court and government acknowledged that a company’s practices could inadvertently be discriminatory even if it did not intend to perpetuate racial imbalance by the specific policies it enforces. For example, if a company hired candidates solely based on their training and it could be proven that minorities had in the past been prevented from receiving such training, then the training requirements for the job were discriminatory (GRIGGS v. DUKE POWER CO., (1971)).…
1. Name of Case New York Times v. Sullivan 376 U.S.254, 84 S.CT. 710 (1964) 2. Facts of Case The New York Times was sued by L.B Sullivan. Sullivan was a commissioner in the city of Montgomery. Sullivan wanted compensation for advertisements posted in the Times. The advertisement was published on March 29, 1960. The advertisement was called, “Heed Their Rising Voices,” and complained about the status of civil rights in the South. It was a long advertisement with some factual inaccuracies.…
Extraordinary, Chief Justice Traynor revolutionized American product liability law through his influential concurring opinion in Escola v. Coca-Cola (Escola). Justice Traynor’s’ concurring opinion in Escola argues for affirmance of the jury award of damages in the case on the grounds of strict liability rather than negligence. The concurring opinion made a “difference and laid the groundwork” for our modern legal rules of product liability. Previous cases and other legal devices prior to Escola…
Goodyear Tires and Rubber Co. would be in favor of Goodyear. Goodyear appealed first to the 11th Circuit Court which ruled in favor of them stating that a discriminatory pay has to be reported within 180 days required by the Civil Rights Act. Due to the fact that Ledbetter’s claim had been made for more than 180 days, the ruling of the court was in favor of Goodyear. Therefore, this proved that its okay for a companies to pay a women less based on there gender if they don’t comply with the…
Roosevelt’s prime objective was not destructive of trusts, but a concern that the public not suffer unduly because of trusts.” The coal strike of 1902 would usher in a new kind of progressive politics. TR would make his wish for government intervention a reality with the advent of his trust busting campaign. Roosevelt would use the power of the executive branch as a means form dismantling monopolies in the private sector. A prime example of TR’s trust-busting policies was his 1902 battle…
The act came as a result of the 1998 case, Ledbetter v. Goodyear Tire Co. Lilly Ledbetter was an employee at Goodyear Tire and Rubber company until retiring in 1998. After retiring, Ledbetter sued the company for paying her significantly less than her male counterparts. It was taken to the court of appeals and eventually reached the Supreme Court, which denied her claim because she had not filed her lawsuit within thirty days of her first paycheck. When President Obama was elected into office,…
Various media experts felt that it was important to continue writing about the lies Trump has spread. The experts felt Trump’s presidency shouldn’t have the power to stop them from reporting honestly. These experts felt reporting the news honestly and freely were significant components of a democracy. Additionally, they realized reporting was necessary because if they didn’t misinformation could spread. Misinformation would be able to create false conspiracies without evidence to back it up.…
Masson v. New Yorker, 501 U.S. 496 (1991) Facts: After being fired from the Sigmund Freud Archives, Jeffery Masson interviewed with Janet Malcolm, a New Yorker magazine reporter. Malcolm’s article contained long quotes from Masson that presented Masson as conceded and condescending. Malcolm fabricated the more offensive quotes and Masson sued for Libel. The Law: “The First Amendment protects authors and journalists who write about public figures by requiring a plaintiff to prove that the…