Erika Arias, Tressa Bell, Andrew Flash, Tim Gast, Tarsha Thompson
LAW/531
December 1, 2014
Prof. J. D. Jonathan Jamieson
Sexual Discrimination
Issue
In the case of Equal Employment Opportunity Commission (EEOC) (plaintiffs) versus Crooked Creek Investment Company d/b/a Crooked Creek & Creekside Bar & Grille(defendant) filed in the eastern district of Michigan northern division, the plaintiff sues after an unsuccessful attempt to settle through pre-litigation conciliation (U.S. Equal Employment Opportunity Commission, 2014).
The EEOC accuses the defendant of violating federal law by refusing to hire an applicant as a food server because she was pregnant at the time of her application (Levin, 2014).
Rule
According …show more content…
The applicant, Arin Kline was a member of a protected class (pregnant woman) at the time of her submission of the job application for a food server to Crooked Creek & Creekside Bar & Grille, a private employer with 15 employees. Kline had prior food server experience, which made her qualified for the position. Kline was rejected for the position. The position then remained open for applications even though Kline was qualified to fulfill the job. Kline subsequently filed a complaint with the Equal Employment Opportunity Commission within the allotted period and followed the grievance procedures set forth by the …show more content…
Award the Commission its costs for this action (Levine, 2014).
Application to Business Managerial Settings
Application to business managerial settings in this pregnancy discrimination case involves the violation of Title VII of the Civil Rights Act of 1964, and the amendment of the Pregnancy Discrimination Act.
In this case, management appears to have committed disparate-treatment discrimination. The applicant belongs to a protected class, she applied for a job in which she had experience so she was qualified for the position, despite this she was not offered the job, and the employer continued to seek qualified applicants.
Managers and persons involved in hiring decisions must understand discrimination laws and their consequences. Sex discrimination also covers pregnancy, childbirth, or other related medical conditions. If found guilty, the company could face punitive damages, which are capped depending on the size of the company (Cheeseman, 2013).
References
Cheeseman, H. (2013). Business Law: Legal environment, online commerce, business ethics, and international issues (8th ed.). Retrieved from The University of Phoenix eBook Collection