Preview

Title VII Of The Civil Rights Case: Hopkins V.

Powerful Essays
Open Document
Open Document
1546 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Title VII Of The Civil Rights Case: Hopkins V.
Title VII of the Civil Rights Act of 1964 unequivocally states that it is “unlawful employment practice for an employer...to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin” (“Title VII”). In 1984, the limits and lengths of this statutory provision were put to the test as Price Waterhouse employee Ann Hopkins filed suit against her company for discrimination in violation of Title VII. Hopkins, denied a partnership position through what she considered to be a discriminatory evaluation system, argued that her alleged lack of interpersonal skills served to her detriment solely because she was a woman. …show more content…
plaintiff Hopkins, should bear the burden of proof that the firm did indeed discriminate based on sex. Effectively, because the employer had legitimate concern over Hopkins’ suitability for partnership, the plaintiff has to prove that she is the “victim of intentional discrimination” (“Price Waterhouse”). The problem is that the plaintiff’s case rests purely on hypotheticals. That is, it is impossible to say with certainty if Hopkins would have been chosen for partner had she been male. There were clear issues with Hopkins’ candidacy, such as her dismissive and rough attitude toward other employees that is completely independent of bias related to her gender. Disentangling the concerns over her interpersonal skills from concerns about the way a “lady partner should behave” becomes almost impossible. Furthermore, the qualitative nature of evaluations was supported by the premium Price Waterhouse placed on a candidate’s ability to “deal with subordinates and peers on an interpersonal basis” (Badaracco 3). Hopkins was placed on hold in the evaluation process along with male employees who also demonstrated questionable interpersonal skills. Her ultimate rejection from partnership may have been based partners simply not seeing her “fit” with the company regardless of her gender. Furthermore, the firm expressed concern that partners who have “a potential for abusing authority can cause serious long term problems for the firm” (Badaracco 3). The comments attributed to the partner Fridley state ethical concerns over Hopkins’ behavior during the Bureau of Indian Affairs project. Though on paper her record was excellent, it was only through these more qualitative evaluations that Fridley could adequately express the concerns about her management methods and honesty, two traits also especially important to consider when promoting

You May Also Find These Documents Helpful

  • Powerful Essays

    The Equal Employment Opportunity Commission (EEOC) also spoke to the act of “sex-stereotyping” with reference to the Hopkins v. Price Waterhouse (1987) case. In this particular case, a female employee of a management firm filed a claim of sex discrimination against her employer. The plaintiff alleged that she was denied partnership with the company for acting “too masculine.” The employer reportedly informed the plaintiff that she may receive reconsideration the following year and she should focus on “walking, talking, and dressing more feminine” to progress her chances of becoming a partner (Hopkins v. Price Waterhouse, 1987). Ultimately, the following year, she was not reconsidered for partner.…

    • 1219 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    for employers to work with an employee requesting time off for religious beliefs and traditions,…

    • 3095 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    Employment discrimination occurs when an employee is rebuked based on factors that have no bearing on job performance. Traits such as race, religion, gender, and national origin are all elements that can be the basis of discrimination in hiring, firing, promotion, and other employment decisions. Title VII of the 1964 Civil Rights Act integrates the two principles of disparate treatment and disparate impact. Disparate treatment is when an employee is treated differently due to the factors mentioned above. Whereas disparate impact specifies the broader scope of employer policies that yield a negative impact on many employees with the traits mentioned above.…

    • 356 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Ann Hopkins Case Summary

    • 1266 Words
    • 6 Pages

    As part of the partnership process, the other partners in the firm were invited to submit written comments on the employee being considered for partnership. There were clear signs, though, that some of the partners reacted negatively to Hopkins 's personality because she was a woman. One partner described her as “macho”; another suggested that she “overcompensated for being a woman”; a third advised her to take “a course at charm school.”(Lexis, 490 U.S. 228 U.S. Sup. Ct., 1989) Several partners criticized her use of…

    • 1266 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Several barriers stood in Lisa’s path of becoming a partner. One such barrier was the fact that even though her credentials, commendations, and work ethic were extremely high, she was never respected by the CEO, Michael Breyer, as someone who deserved to be on an executive level. His view of women as being inferior to men and lacking the ability to make executive decisions was blatant and carried over into every aspect of the way he ran the company. The fact that most of her peers and several of the firms’ partners sought her opinion on market performance and financial projections on a daily basis should have been sufficient enough proof that she was partner material. But it wasn’t. She was constantly passed over for promotion because of the notion that women are inferior to men and cannot make executive decisions the way a man could.…

    • 640 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Case Study Oncale V

    • 638 Words
    • 2 Pages

    In the case of Oncale v. Sundowner Offshore Services, Inc., Joseph Oncale was the victim of repeated harassment, sexual, physical and mental, from at least three members of the work crew, of which two had a supervisory position over him. When Oncale brought his complaints to the supervisors, they took no noticeable actions against the harassers and, after he had experienced enough harassment, Oncale quit his position. When Oncale filed the sexual harassment complaint against Sundowner, the district court, relying on the precedent set by the Fifth Circuit courts, “. . . held that Oncale, a male, had no Title VII cause of action for harassment by male coworkers. The Fifth Circuit affirmed.” (Twomey, 442) In 1998, the case was brought before the Supreme Court of the United States, where that decision was reversed, and same-sex harassment was ruled actionable under Title VII.…

    • 638 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The case study of “The Case of the Mismanaged MS” illustrated gender discrimination that prevents women from advancing through the corporate ranks. In this case, Ruth Linsky claims that she has been discriminated against in the selection of a new marketing director at Triton. With this case going on in Triton company the best way to approach this conflict in the short term that the HR manager can do is to try to get everyone such as the male employees and Ruth Linsky in the room and talk through different solutions. All sides could voice their feelings and ideas on the issues and discuss how to right the situation. In this situation, it might help save the company Triton from the lawsuit issue. It might also open a lot of eyes to the problems at Triton. Most importantly, the company needs to be changed regarding its sex discrimination or sexual harassment policy. If the problem is still not solved, then Ruth could take the next steps to file a lawsuit against the company.…

    • 638 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination, but also practices…

    • 2227 Words
    • 9 Pages
    Best Essays
  • Powerful Essays

    The passage of Title VII of the Civil Rights Act of 1964 forced employers and employees to not only acknowledge that differences existed but discouraged employers from using these differences solely as the basis for making employment decisions.…

    • 1287 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Ann Hopkins

    • 1727 Words
    • 7 Pages

    According to the case, Ann Hopkins had worked successfully for Price Waterhouse since 1978 and was "nominated for partnership at Price Waterhouse in 1982." (p. 1) Out of 88 candidates she was the only woman. In the admissions process, forms were sent out to all Price Waterhouse partners of whom there were 662. These partners then submitted their comments about the candidates. . Only "thirty-two partners, all male, responded about Hopkins." (p. 5) The forms were then tabulated to achieve a statistical rating in order to determine if the candidate should be admitted to the partnership. Of the 88 candidates "Price Waterhouse offered partnerships to 47 of them, rejected 21, and placed 20, including Hopkins, on hold." (p. 1) "Some candidates had been held because of concerns about their interpersonal skills." "the Policy Board takes evaluations or a negative reaction on this basis very seriously," even if the negative comments on short form evaluations were based upon less contact with the candidate than glowing reports on long forms evaluations based on more extensive contact. The policy board had however, recommended and elected two candidates "criticized for their interpersonal skills". (p. 4) Approximately 1% of the 662 partners were women. Price Waterhouse "gave two explanations for this. One was the relatively recent entry of large numbers of women into accounting and related fields. The other was the success of clients and rival accounting firms in hiring away female potential partners." (p. 4). After hearing that it was unlikely that she would ever make partner, Ann Hopkins decided to "initiate a lawsuit charging Price Waterhouse with sex discrimination". She had been a valuable and productive member of the organization and it appears that she was denied admission as a partner since she did not fit the feminine stereotype.…

    • 1727 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Employment Law Compliance

    • 901 Words
    • 4 Pages

    Title VII of the Civil Rights Act of 1964 (Title VII) is a well-known and widely used federal anti-discrimination law (LaMance, n.d.). Title VII make it illegal for employers to discriminate against someone based on their race, religion, national origin or sex (U.S. EEOC, 2014). The Act also made it illegal for employers to retaliate against a person who files a complaint of discrimination or participates in a discrimination investigation (U.S. EEOC, 2014). An employer who violates Title VII may find themselves subjected to a number of legal consequences such as having to pay large sums for damages and being required to readjust the company’s policies (LaMance, n.d.). To avoid violating Title VII Mr. Stonefield and his managers should treat all employees and applicants equally without regard to any characteristics except job performance (HR Specialist, 2013).…

    • 901 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Q1. CEO of TEDDY’S SUPPLIES Memo To: CEO of Teddy's Supplies From: Legal Counsel CC: Travis Washington Re: Termination of Miss Virginia Pollard Date: April 3, 2015 as the employer of Virginia Pollard, Teddy’s Supplies is liable for gender discrimination which is a violation of Title VII. Title VII of the Civil Rights Act of 1964 prohibits any form of employment discrimination against new applicant workers, employees, and union members on the ground of race, sex, nationality, religious beliefs or gender during employment. The law prohibits any form of discrimination in employment because of sex, whether it is made against a person who may be male, female, homosexual or same sex discrimination. Regardless of several given scenarios, the law demonstrates that sex is synonymous to gender. It is inadequate that the victim of the discrimination is a male or a female in the work environment. There was an offer of settlement to Miss Pollard, the company has to reinstate her to her former position also to include all her back wages and benefits appurtenant thereto. If reinstatement is not loner possible due to the strained relationship between Miss Pollard and Teddy’s Supplies, then payroll reinstatement can be made possible wherein she will still be considered as an employee of the company but is no longer required to report to work on a daily basis. http://www.eeoc.gov/policy/docs/metropol.html…

    • 1067 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The Civil Rights Act of 1964 was the catalyst in abolishing the separate but equal policies that had been a mainstay in our society. Though racial discrimination was the initial focal point, its enactment affected every race. The Civil Rights Act of 1964 prohibits discrimination in housing, education, employment, public accommodations and the receipt of federal funds based on certain discrimination factors such as race, color, national origin, sex, disability, age or religion. Title VII is the employment segment of the Civil Rights Act and is considered one of the most important aspects of legislation that has helped define the employment law practices in this country. Prior to Title VII, an employer could hire and fire an employee for any given reason. Title VII prohibits discrimination in hiring, firing, training, promotion, discipline or other workplace decisions. (Bennett-Alexander-Hartman, Fourth Edition, pp 85) Though it applies to everyone, its enactment was especially significant to women and minorities, who until its passage had limited recourse in harassment based discriminations in the workplace.…

    • 1202 Words
    • 5 Pages
    Better Essays
  • Better Essays

    From Title VII of The Civil Rights Act, it is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related. Equal employment opportunity cannot be denied because of marriage to or associations with an individual of a different race; membership in or association with ethnic based organizations or groups, or attendance or participation in schools or places of worship generally associated with certain minority groups. Title VII also deals with harrassment on the basis of race and/or color. Harrassment includes the use of ethnic slurs, racial "jokes", offensive or derogatory comments, or other verbal or physical conduct. Title VII is also violated where minority employees are segregated by physically isolating them from other employees or from customer contacts.…

    • 1076 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Title VII prohibits employment discrimination against any individual on the basis of his/her race, color, national origin, religion, or sex.…

    • 1516 Words
    • 7 Pages
    Powerful Essays