D'Amore's Fragrances Inc.
Case Study #4
Rich Rogers, Les Ford, and Jasmine Young all worked for Darius D’Amore’s Fragrances, Inc. During the employment there, they believed they were discriminated against and filed a $70 million lawsuit.
The antidiscrimination laws concerning the workplace that fit this case are Americans with Disabilities Act of 1990, Civil Rights Act of 1991, and Pregnancy Discrimination Act of 1978. The ADA of 1990 prohibits discrimination based on disability. In this case, the firm violated this act by not promoting Rogers because he had stage four lung cancer. The Civil Rights Act of 1991 awards punitive damages when the injuring party intentionally harms the other.
In my opinion, the plaintiffs do have a prima facie case for discrimination. On many accounts Rogers, Ford, and Young have spoke out about how they feel and their interest in other jobs that would come with more responsibility, money and status. The upper level management did not do anything to help them even though they have a strong internal recruitment policy. When they complained about feeling discriminated against and treated unjust, they were told to let things slide and to just ignore it. There are no clear, justifiable reasons as to why they were not promoted so I do think they have a case.
If I was the judge for the case, my verdict would be to find the defendant guilty on accounts of discrimination. I would award the plaintiff the $70 million they asked for. Depending on how well the defendant’s business was doing financially, this could have possibly caused them to go bankrupt. Nobody should feel unwelcomed at work or feel as if they cannot progress in a company because of their gender, race, or if they have a disability. This has been the law for several years and it is up to the judicial system to enforce it and to punish those who try get around the law and not follow it. The reason why I would award them the $70 million is because that is the amount of money that would make them happy
Rich Rogers, Les Ford, and Jasmine Young all worked for Darius D’Amore’s Fragrances, Inc. During the employment there, they believed they were discriminated against and filed a $70 million lawsuit.
The antidiscrimination laws concerning the workplace that fit this case are Americans with Disabilities Act of 1990, Civil Rights Act of 1991, and Pregnancy Discrimination Act of 1978. The ADA of 1990 prohibits discrimination based on disability. In this case, the firm violated this act by not promoting Rogers because he had stage four lung cancer. The Civil Rights Act of 1991 awards punitive damages when the injuring party intentionally harms the other.
In my opinion, the plaintiffs do have a prima facie case for discrimination. On many accounts Rogers, Ford, and Young have spoke out about how they feel and their interest in other jobs that would come with more responsibility, money and status. The upper level management did not do anything to help them even though they have a strong internal recruitment policy. When they complained about feeling discriminated against and treated unjust, they were told to let things slide and to just ignore it. There are no clear, justifiable reasons as to why they were not promoted so I do think they have a case.
If I was the judge for the case, my verdict would be to find the defendant guilty on accounts of discrimination. I would award the plaintiff the $70 million they asked for. Depending on how well the defendant’s business was doing financially, this could have possibly caused them to go bankrupt. Nobody should feel unwelcomed at work or feel as if they cannot progress in a company because of their gender, race, or if they have a disability. This has been the law for several years and it is up to the judicial system to enforce it and to punish those who try get around the law and not follow it. The reason why I would award them the $70 million is because that is the amount of money that would make them happy