Power Point Slides for Chapter Three Legal Laws O Starts Jan 22, 2018 8:00 AM En
ID: 414113 • Letter: P
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Power Point Slides for Chapter Three Legal Laws O Starts Jan 22, 2018 8:00 AM Ends Jan 28, 2018 11:30 PM Read the case studies. What legal statute(s) apply in this case? What issues) must the court decide in this case? If you were the judge, how would you rule? Did the employer discriminate unlawfully? Why or why not? () Edward Roberts, a black truck driver, applied in person for a tractor trailer truck driver position at a trucking company on March 31. 1998, in response to a newspaper ad. Roberts' application listed 22 months of prior experience as a road driver. He had an additional 10 years of experience which he did not list on the application due to lack of space of his application. In June 2005, Roberts saw an identical advertisement for tractor trailer truck drivers. Upon inquiry, Roberts learned that eight persons (all white) had been hired as truck drivers between April and June 2005. All of the hirees had less than 22 months of driving experience. The company contended that Roberts was not hired because no opening existed when he applied. Roberts filed a discrimination complaint in District Court (i) Elnora Williams, a black female teacher with 10 years of classroom experience and partial completion of her doctoral degree in education, applied for several vacant middle and secondary principalships in the Knox County school system. Each time she applied, she was told by the superintendent that "the school district believed that a "male image is necessary for a midle or secondary school principal". No females had occupied a principal position in the school district. Williams subsequently filed a lawsuit in District Court accusing the school of discrimination. (il) Frank Poole had been teaching hearing-impaired students in the Jackson County schools for six years when he was hospitalized with pneumocystis carini pnewmonia and subsequently, was diagnosed as having AIDS. Despite the county medical director's report that Poole's condition did not paice his students or others in the school at any risk, the Department of Education reassigned Poole to an administrative position and barred him from teaching in the classroom. Poole filed suit, alleging that the Department discriminated against him on the basis of his disaiblity (AIDS) (v) Lia Lee, a Laotian-American, worked for Federal and State Bank for over three years as teller. She had always received outstanding performance reviewes from her supervisors. Consequently, when a position became available at the customer service desk that handled customer inquiries and problems Lia applied for the position She did not get the promotion. The bank argued that she was not promoted because she did not have good enough English skills to calm irate customers. Lia Lee filed a lawsuit alleging that Federal and State Bank had overlooked her for a promotion because of her accent. (v) Harriet Klondike, Cyndy Patton, Helen Waters and Margaret Double were employed as matrons at the Mailton County Jail. The county also employed male corrections officers and deputy sherilfs. The matrons gaurded female inmates and spent majority of their time on clerical duties while the corrections officers and deputy sheniffs spent the majority of their time gaurding male inmates. The salary of matrons ranged from $701 to 5940 per month while the salaries for the male gaurds ranged from $877 to $1.116 per month. The four matrons filed suit and alleged that they were paid lower salaries for work that was basically the same and that the pay differential was attributable to intentional discrimination.Explanation / Answer
(i) case of racial discrimination by employer/interviewer- Roberts learned that 8 white men with lesser experience than him got the jobs. This makes gis claim stronger as the company said that there is no opening when Roberts applied. The questions that why they didn't call him when the vacancies came up and why he was not considered even after having such a good job experience.
If I was the judge, I would have reprimanded the company to give a clarification on the issue. If the company would have given a ligitimate reason then the case could be called off with a surety to Roberts from the employer to give him a suitable placement as a job vacancy opens.
Yes the employer discriminated unlawfully because giving preference of job to white people ignoring the deserving black candidate is a case of racial discrimination.
(ii) case of male chauvinism- in this case the decision of the company that they only hire male candidates for the position and hence rejecting a female candidate who is deserving the post is the issue to be discussed. If I was the judge, I would have taken a strict discourse of this case asking the employer a genuine reason for not employing the female or take her up for the position. Yes the employer acted unlawfully because in law principalship is not defined as a job that can be preferably be given to male candidates only.
(iii) This lawsuit seeks to recover backpay, recover the punitive damages and end the defendants alleged discrimination at work. Discrimination of an individual on the basis of an illness that is not transmitted by touching is the case that will be discussed here. If I was the judge, i would decide on him getting back his job with the compensation and allow him to work respecfully in the services until he wishes to. Yes the employer discriminated unlawfully because AIDS is not a disease that can be transmitted by touching by hands and so such treatment with the employee for his disability is not justified.
(iv) the case is of equal employment opportunity- Lia Lee filed a lawsuit as she claimed that the company did not get the promotion to a higher position that she applied for due to her accent, which had an important role in the efficiency of the position. The lawsuit looks weak as the employer has the discretion rights to promote or demote anybody on the basis of their company rules and requirements. If she feels that she was well deserved for the position then she has to prove it and show that the accent is not a genuine problem that the company used against her promotion. If i was the Judge I would have overruled the lawsuit as it will not fall under equal employment opportunity lawsuit.
(v) in this case the discrimination of salaries paid to the employees of the same work description is discussed. Court will study the salary practices being followed by the employer. Due to visual bias, job levels salaries and promotions should be determined by rigorous hiring and promotion committee. Multiple level of reviews and checks must be passed in order to ensure that no bias is done to any employee who is dedicated and giving appropriate results.
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