Preview

Sexual Discrimination Case Study

Good Essays
Open Document
Open Document
632 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Sexual Discrimination Case Study
Sexual Discrimination
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

You May Also Find These Documents Helpful

  • Good Essays

    Facts of the Case: In early 2000, an African-American name James Daniel, Jr applied for an Executive Team Leader position with Target. He was given tests, which he passed placing him in a very high percentile of those who have been previously tested. Unfortunately he was not hired, and was given the explanation of not meeting the requirements of the position. Daniels did not receive any feedback as to what requirement he was meeting in the interviewing process. Later three other African-American applicants, Kalisa White, Ralpheal Edgeston and Cherise Brown inquired about the same position involving contact with the Store Team Leader Matthew Armiger. White sent her resume and called to schedule an…

    • 835 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The legal case of Oncale v. Sundowner Offshore Services, Inc. is a sex discrimination case under Title VII of the Civil Rights Act of 1964. “Title VII specifically forbids any employer to … discriminate with respect to compensation, terms, conditions, or privileges of employment in any way that would deprive any individual of employment opportunity due to race, color, religion, sex, or national origin.” (Twomey, 2013, p. 397). In this case, Oncale claimed that he was being discriminated against in his workplace because of his sex. In reading the case online, Oncale was “was forcibly subjected to sex-related, humiliating actions against him … in the presence of the rest…

    • 312 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Lilly Ledbetter was one of the very few female supervisors at the Goodyear Tire & Rubber Co. plant in Gadsden, Alabama, and she worked at that plant for nineteen years, from 1979 till her retirement in 1998. Initially, when she started working for the company, her pay was equal to that of the other male supervisors. However, as time passed the pay discrepancy between Ledbetter and her 15 male counterparts was stark: the lowest she received was $3,727 per month, while the lowest paid male received $4,286. Thus, after realizing this Mrs. Ledbetter filed an official complaint before the EEOC in March 1998, stating that Goodyear violated the Title VII as they paid her a discriminatory low salary due to her sex. After she filed an official complaint, her case went to trial, and the jury concluded that the pay disparity was due to intentional discrimination. However, the Court of Appeals for the Eleventh Circuit reversed the jury verdict, as it claimed Mrs. Ledbetter’s’ case was not filed in time, as the original discriminatory pay decision occurred before the statutory limitations of 180 days.…

    • 751 Words
    • 4 Pages
    Good Essays
  • Good Essays

    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.)…

    • 567 Words
    • 3 Pages
    Good Essays
  • Good Essays

    This is hoe employees should handle situations similar to Ms. Deters. The same thing can happen to males just as it does to females, women obtaining higher positions in the work place are also guilty of taking advantage because of their rank. This case relates to one over Equal Employment Opportunity Commission in which they refuse to hire women for higher position in the business. In the case discussed above Ms. Deters was discriminated also because she was not a “revenue producer.” This case can be related to many degrees of discrimination and will sufficiently shape future…

    • 487 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The “Zimpfer vs. Palm Beach County” case is about a lawsuit filed by Mr. Bryce Zimpfer against Palm Beach County alleging a violation of the Age Discrimination in Employment Act. Mr. Zimpher, age 52, has worked for the county’s employee relations area and this employment had lasted for 16 years. There was a vacancy which was advertised by the county for the position of employee relations manager, a position which Mr. Zimpfer decided to apply for. After considering all the applications, the county chose a candidate, Mr. Brad Merriman, age 33, to fill this position.…

    • 1111 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    The legal issue in this case is about David Dunlap the plaintiff who has been faced with discrimination on the basis of race in the interview at Tennessee Valley Authority (TVA) during the employment process of this company. Mr. Dunlap is an African American man whom has worked for many years as foreman through contract for the union. He has worked as a contractor with the union at Tennessee Authority as a boiler man for over twenty years including fifteen years as a foreman. He has applied for employment at TVA numerous times since 1970 and was not once offered an interview. Mr. Dunlap has established that regardless of experience and during the hiring development, the company has allowed racial favoritism. The court has to recognize if the business is legally responsible under title VII of the civil rights act of 1964 for racial bias with intent. Mr. Dunlap has claimed the case under disparate impact and disparate treatment investigation. (Walsh, 2010)…

    • 1097 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Second Case

    • 898 Words
    • 3 Pages

    This was a case brought to action by Joanne Zippittelli against her employer, J.C. Penney Company. Her defense for creating case was that she was overlooked for the position in question due to her age. Zippittelli was one of four women who applied for the position with the company. All four women had the same job title and when they were interviewed by the Personnel Manager, he determined that there were three candidates including the plaintiff qualified for the position. Johnson then ranked the applicants, making the plaintiff his third choice (Twomey, pg. 537). After a consultation with Johnson’s supervisor, he hired his first choice, Patti Cruikshank. Zippittelli had a conversation with her supervisor, Anita Benko about how she was overlooked. Benko asked Zippittelli how old she was at which time Zippittelli responded she was 63. Benko made the statement that she would “probably not” get the position. After having this conversation with her supervisor Zippittelli was convinced her age was to blame for her lack of success within the company. Zippittelli filed a complaint with the EEOC and received a right-to-sue letter. The Age discrimination in Employment Act prohibits discrimination against any individual over the age of 40 with respect to “compensation, terms, conditions, or privileges of employment, because of an individual’s age (Twomey, pg. 538).…

    • 898 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Chapter 5

    • 414 Words
    • 2 Pages

    I- Did the Transportation Agency taking sex into consideration when choosing to promote a female over a male violate Title VII?…

    • 414 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Based on Title VII of the Civil Rights Act of 1964 employers are not allowed to discriminate against a potential employee based on race, color, sex, religion, or national origin. In the Dunlap v. Tennessee Valley Authority case this title of the civil rights act was violated. An African American man named David Dunlap who gave almost the exact same answers as white candidates who got the job and who had 20 years of experience in boiler making was not chosen for any of the 10 positions available with the TVA. The issue is not only that he wasn’t hired but based on the score sheet he was highly discriminated against. When asked how many days he missed Dunlap told the employers that he never missed days unless sick or having a family emergency, two other candidates who just so happened to be white gave almost the exact same answer. On the score sheet for this question Dunlap was given a score of 3.7 while the other two potential employees were given scores of 4.2 and 5.5. Also when he was asked about how many accidents he had in the field he replied none and was given a low score but another candidate whom had at least two accidents was given a higher score than Dunlap. The issue at hand was that, his score sheet was heavily manipulated putting him in number 14 out of the 21 candidates that had applied. The top ten got hired.…

    • 1209 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Employers must understand that the persons who evaluate and decide the outcome of employment discrimination cases (the EEOC investigator, federal or state judge, and/or jury) have keen senses of fairness and expect that employees will be treated in a fair manner. As a result, employers are exposed to substantial liability for any acts, including perceived acts, of discrimination in the workplace. Employers should take any charge of discrimination seriously and the employer must keep in mind that, at a minimum, it needs to have a legitimate, non-discriminatory reason for taking the action in question. In addition, an employer's response will be evaluated by persons who have a different perspective than the employer. What…

    • 964 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Dissent Dothard

    • 1487 Words
    • 4 Pages

    Appellee Dianne Rawlinson applied for a position as a prison guard with the Alabama Board of Corrections, where her application was subsequently rejected. According to Alabama statue she did not meet the minimum 120-pounds weight requirement. She filed a complaint to the District Court challenging the height and weight minima as a violation of Title VII and the Equal Protection Clause of the Fourteenth Amendment. She later amended her complaint to include a challenge to Regulation 204, adopted by the Alabama Board of Corrections, which establishes gender criteria when assigning prison guards to “contact positions.”i The majority opinion of the Supreme Court decided, “Title VII…prohibits application of the statutory height and weight requirements to Rawlinson and the class she represents.”ii However, the majority opinion decided “Regulation 204 falls within the ambit of the [bona-fide-occupational-qualification] bfoq exception.”iii I agree with Parts I and II of the Court’s opinion however, I disagree with the Court’s opinion made in Part III because of the Court’s application of the bfoq exception in this case.…

    • 1487 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    Equal opportunity laws are in place to protect applicants from discrimination. Employers must follow the state and federal laws or they are subject to violations and even costly lawsuits. Different laws protect certain groups of people; the pregnancy law is addressed in detail. Much of the information provided is in regard to nondiscrimination and health and safety in the workplace, and if discrimination is present how the employer will address the issues. The organizations address the ethical consideration involved in the design of…

    • 1944 Words
    • 8 Pages
    Better Essays
  • Better Essays

    This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.…

    • 1051 Words
    • 4 Pages
    Better Essays
  • Good Essays

    In 1976 in the case of General Electric Co. v. Gilbert, Gilbert is discriminated because she’s pregnant. The General Electric Company believes that they didn’t discriminate against women nor did they violate the women’s rights because there wasn’t any sexual discrimination. Although Gilbert claims that the disability plan from Title VII of the Civil Rights Acts was violated.GE Co. says that pregnancy is a physical condition and the verdict also claims that the disability benefits plan does not violate Title VII because it fails to cover pregnancy. Pregnancy was seen as a non-occupational sickness and accident disability…

    • 1180 Words
    • 5 Pages
    Good Essays