144).
144).
The complainant pleaded guilty to possession of a pistol during the incident. A finding that the appellant and his codefendants were the aggressors is inconsistent with the fact they called the police and remained on the scene until their arrival.…
The facts in the case of Thompson V North American Stainless, LP 562 U.S._ (2011) are fairly straightforward. The petitioner in this case, Eric Thompson, was seemingly fired from his job at North American Stainless (NAS) because his fiancée, Miriam Regalado filed a sexual discrimination charge with the Equal Employment Opportunity Commission (EEOC). His suit was filed under Title VII claiming that his dismissal was retaliation for his fiancée’s charge. (Pagnattaro, Cahoy, Magid, Reed, & Shedd, n.d.)…
In the case of Dunlap VS Tennessee Valley Authority, the legal issue that was presented was discrimination, disparate treatment and disparate impact. According to the EEOC, race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion. The Title VII of the Civil Rights Act of 1964 protects workers from discrimination, and when it comes to the case, discrimination was seen in many ways.…
Although the case was not filed sooner, it was evident to the court that Patterson’s employer did not “ensure that everyone has an equal chance at the job, based on qualifications” (Bennett-Alexander & Hartman, 2015, pg. 75) resulting in the case being “nullified by the Civil Rights Act of 1991 (Bennett-Alexander & Hartman, 2015, pg. 124) which “overturned Patterson’s holding that section 1981 does not permit actions for racial discrimination during the performance of the contract but only in making or enforcing the contract…
The Constitutional questions presented in the case included; Does 42 U.S.C. Sec. 2000e-2 [Section 703] permit employers to refuse to act on the results of such tests for reasons of race? Does an employer violate 42 U.S.C. Sec. 2000-2 when it rejects the results of such tests because of the race of the successful candidates? Did the City have a lawful justification for its race-based action? Does 42 U.S.C. Sec. 2000e permit federal courts to relieve municipalities from having to comply with local laws that require strict compliance with race-blind merit selection procedures? Were city officials who tried to diversify a civil service department guilty of racial discrimination under the Equal Protection Clause or Title VII when they decide not to utilize written test results which favor one racial class over another, and whether an employer violates 42 U.S.C. § 2000E-2(1), which makes it illegal to adjust test scores or cut-off scores based on race, when he decides not to utilize test results because the successful candidates are all of one…
Plaintiff-Appellant Emma S. Vaughn contests the judgment rendered in favor of defendant Texaco, Inc., dismissing with prejudice Vaughn's race and sex discrimination suit filed pursuant to Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. Sec. 2000e et seq. Because the magistrate clearly erred in finding no racial discrimination, we reverse.…
- A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.…
V. AFFIRMATIVE ACTION IN THE COURTS - Any program, whether enacted by a government or by a private organization, whose goal is to overcome the results of past unequal treatment of minorities and/or women by giving members of these groups preferential treatment in admissions, hiring, promotions or other aspects of life…
Equal Justice starts out with Ada being bullied by a white girl and this girl beats her up. Ada is told to if anything is important enough, then it is worth fighting for. The government segregates everything at this time. The 14th amendment in the Constitution states that whites and blacks should be treated equally, ‘not separated and equal’. Equality does not exist with the separated and equal rule. You cannot be separated from another and expect to be treated the same. Ada marries a man who is deployed to duty a few days after he marries Ada. While he is away Ada applies for OU’s law school and gets denied. Ada is confused and gets a lawyer that takes this case to the university and asks…
The Superior Court ruled that the appeal should be allowed, and that this evidence should be considered inadmissible since the accused chose not to make any statements - he was practicing his right to remain silent. The police violated his right under s. 7 of the Charter by tricking him into opposing his decision, which then made the trial unjust. An undercover police officer must serve the purpose of observation of suspects, rather than actively drawing out evidence or information in violation of the person’s right to remain silent. Seeing as the statements were the only piece of evidence the Crown had in order to be able to prove the individual guilty, it’s evident that under the current conditions, it’s the admission of the evidence rather…
The case in point is Plessy v. Ferguson, in which Jim Crow Laws were challenged. Homer Plessy, a man who was one-eighth black, negated the norms of segregation by refusing to sit on the section of a train reserved for color people only. He was arrested as a result, convicted, and fined for disobeying the law. This case went to the Supreme Court where it was ruled by a judge under the legal basis that segregation was reasonable as long as provisions are provided for all of the races involved. In turn, the “separate but equal principle” came to be, in which an agreement was made that as long as the provisions are provided for African Americans, segregation cannot be questioned.…
A provision on equal protection in the Fourteenth Amendment of the Constitution looks towards protecting the civil rights of people living in the United States and has been used in defining the right of individuals and groups living in the country. In analyzing the provision of equal protection in the 14th amendment, the courts consider three aspects. First is the type of classification that a particular group falls through, for example, suspect classification or any other classification that the court can create and interpret. After determining the classification, the courts will determine the level of scrutiny applied to the identified class, whether it is a strict scrutiny or an intermediate scrutiny. Lastly is the determination of the kind of action that…
The practical result of this legal doctrine is that government sponsored discrimination on the account of a citizen's race, skin color, ethnicity, religion, or national origin is almost always unconstitutional, unless it is a compelling, narrowly tailored and temporary piece of legislation dealing with national security, defense, or affirmative action suspect classifications most often given strict scrutiny.…
Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on their race, color, religion, sex, and national origin. In order for an employee to present a prima facie case for national origin discrimination, an employee would have to have prima facie evidence sufficient enough for a decision or verdict to be…
Within 24 hours after passage, Brenda, a civil rights attorney, brings a cause of action in federal court to have the new regulation ruled unconstitutional. The federal court immediately rules that the state law violates the equal protection clause of the 14th Amendment and issues an injunction against its enforcement.…