In the case at hand‚ an employee of a high profile celebrity has identified a letter from the celebrity listing the employee and several other employees as “no longer in my employment. If I let an employee go‚ it’s because either their work or their personal habits are not acceptable to me” (Walsh‚ 2013‚ p. 164). The employee goes on to identify she had never used the employer as a reference and such information would be prejudicial‚ therefore the employee sued the celebrity. This case has
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Bodaghi vs. Department is “discrimination intent” or “intentional discrimination”. Under the Title VII of the Civil Rights Act of 1964‚ any discriminatory act on part of the employer on the basis of race‚ religion‚ color‚ gender or country of origin equals a violation of the law. This law protects the rights of the disparate as well as the disadvantaged and prohibits employers from discriminating against any employee or singling out any employee based on their association with a protected group. The
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Vogel. Legal scholars from various academic organizations including University of Illinois‚ the University of California‚ Los Angeles and the University of Texas presented arguments that Price-Simms‚ Inc.’s use of a class action waiver in their employment agreement should be barred. Arguments were based on National Labor Relations Act of 1935‚ and the Norris-LaGuardia Act of 1932. Price-Simms‚ Inc. is the company that sells and services vehicles under the name Toyota Sunnyvale located out of Sunnyvale
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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
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Derek Brown Dr. Janet Smith Employment Law BA370 30 June 2011 EEOC V. FEDERAL EXPRESS The EEOC filed suit complaining that FedEx violated Title I of the ADA by failing to provide reasonable accommodations and for discharging him in retaliation for his discrimination complaint. Additionally‚ the complaint sought compensatory damages (i.e.‚ damages paid to compensate the claimant for actual injury or harms they suffered) and punitive damages (i.e.‚ exemplary damages paid to penalize the defendant)
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or over unless the employer can prove the policy is based on a reasonable factor other than age. On March 30‚ 2012‚ the EEOC published its final ruling on reasonable factor other than age which took effect on April 30th 2012. An example of an employment practice based on a reasonable factor other than age is a physical fitness test. Obviously this type of test would likely put older applicants at a disadvantage but if the employer could prove that it was a legitimate business purpose for the individual
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As noted in the EEOC tutorial (located in this week’s lecture)‚ candidates for the Director of HR position of the newly merged company. ZAB‚ are being asked to prepare a presentation about Title VII‚ as it pertain specifically to disparate impact and disparate treatment policies that should be implemented to avoid liability for potential Title Vii violation. Do research to prepare for your presentation‚ and write a brief set of answers to the following questions: The difference between a disparate
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Wal-Mart Stores‚ Inc. Reasoning: 1. The Supreme Court found the plaintiff’s failed to fulfill the criterion of proving commonality in the issue regarding whether all female members were subject to the same discrimination in regards to Wal-Mart’s employment policy. 2. The Ninth Circuit had previously established a “predominance test” defining permissibility of claims under Rule 23 (b)‚ allowing claims to be authorized assuming they were not primary to the claims for injunctive relief. Claims for monetary
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Equal opportunity is a stipulation that all people should be treated similarly‚ unhampered by artificial barriers or prejudices or preferences‚ except when particular “distinctions can be explicitly justified. The aim according to this often "complex and contested concept" is that important jobs should go to those “most qualified” – persons most likely to perform ably in a given task – and not go to persons for arbitrary or irrelevant reasons‚ such as circumstances of birth‚ upbringing‚ friendship
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discriminating people on the basis of race‚ color‚ religion‚ sex‚ sexual orientation‚ gender identity‚ or national origin. The concept of discrimination has existed for over centuries‚ from Plessy v. Ferguson when the Supreme Court enforced the “separate but equal” doctrine‚ which allowed ethnicities to be publicly divided so long as there were proper services and conditions for each minority‚ to the growing segregation during World War II in America concerning the racist remarks against the Nazi. (Conley‚ 2013;
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