Preview

Iis It True, as Jack Carter Claims, That "We Can't Be Accused of Being Discriminatory Because We Hire Mostly Women and Minorities Anyway"?

Good Essays
Open Document
Open Document
577 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Iis It True, as Jack Carter Claims, That "We Can't Be Accused of Being Discriminatory Because We Hire Mostly Women and Minorities Anyway"?
Page 64 Questions 1, 2, 4

Q1. Jack Carter’s claim of him not being able to be accused of being discriminatory because they hire mostly women and minorities is simply not true. Jack can and will be liable for any unjust actions he has said or done to anyone within his company unless it is a bona fide occupational qualification for the job. Everything you say or do must be equal to all employees and new hires. Jack made several mistakes when not teaching his managers about Equal Employment Opportunity and about what they can say and cannot say or do to their potential hires and employees. Also, sexual advances towards two women had been discovered within the cleaning company and threats had been made to fire her unless she socialized with him. Carter Cleaning Company can therefore be sued for Sexual Harassment under the Federal Violence against Women Act of 1994. “It provides that a person who commits a crime of violence motivated by gender and thus deprives another of her right shall be liable to the party injured” (Dessler, 2013, p.40). It was also evident that they had discriminated against a 73 year old employee that had been with the company for over 50 years and had employees half of his age doing the same job making more money than he was. Under the Equal Pay Act of 1963, “it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions” ( Dessler, 2013, p.33)
Q2. Jennifer should address the sexual harassment problems by taking steps to show that they took reasonable care of the situation. To conduct the situation professionally, Jennifer should take all complaints seriously and make sure everything is in written order. She should then, “Issue a strong policy statement condemning such behavior. It should describe the prohibited conduct, assure protection against retaliation, describe a confidential complaint process, and provide

You May Also Find These Documents Helpful

  • 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
  • Satisfactory Essays

    3. Explain in your own words why consistency in handling sexual harassment claims is important.…

    • 257 Words
    • 2 Pages
    Satisfactory 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
  • Better Essays

    This is how Jenson and her fellow woman peers felt about working at Eveleth Taconite Co. These woman worked alongside many men who used abusive language, stalking, threats, intimidation, and sexual harassment. Jenson tried fighting for herself and others by filing a complaint, but that made matters worse because then the retaliation was slashed tires. This lead to Jenson asking for compensation for damages and mental anguish, but Eveleth Taconite Co. did not agree. Eventually Jenson left because of post-traumatic stress disorder. After years of fighting they finally came to an agreement and settled outside of court. Eveleth Taconite Co. should have handled the situation from the beginning by having classes and training on sexual harassment and holding people accountable to not have a hostile work environment. Instead they chose to hide it, and not treat all their employees especially the woman equally. That was a hard and expensive lesson they had to learn, but it allowed to show other companies to be aware of sexual harassment, and to know that isn’t something that should be…

    • 953 Words
    • 4 Pages
    Better Essays
  • Good Essays

    For starters, when it came to the interviewing process, there were 5 white officials and 1 black which showed that the room was not balance. Next, when it came to the scoring, he received lower scores than the whites. The next issue that showed discrimination was when it came to the attendance record of the workers. Two of the workers who were Caucasian, had the same attendance as Dunlap, and they received a better ranking. Also, Dunlap had a perfect safety record and received a score of a 4; while a white applicant who was at the job for eleven, had 2 accidents within those years and received a score of…

    • 1228 Words
    • 5 Pages
    Good 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
  • Better Essays

    The Civil Rights Act of 1964, Title VII, forbids “an employer to … discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s … sex.” Civil Rights Act, 1964. In Meritor Savings Bank v. Vinson, the court held that “a plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive work environment.” Meritor Savings Bank v. Vinson (US 1986). A hostile work environment is created when the environment at work creates anxiety so severe as to result in an alteration of the terms and conditions of employment. Hailey Course Pack, p. 140. The burden to prove such an environment was created rests on the plaintiff. The plaintiff must prove that they belong to a protected class; were subject to unwelcomed harassment; the harassment is based on sex, meaning it is not happening to members of the opposite sex; and the harassment alters the conditions of employment. Hailey Course Pack, p. 140. In this case, the court will evaluate whether Black has sufficient evidence to prove her claim of a hostile work environment.…

    • 1852 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Sandra Johnson Case

    • 2057 Words
    • 9 Pages

    c) Mrs. Johnson is currently experiencing moderate, at the most job dissatisfaction and when placed in stressful situations Mrs. Johnson’s interpersonal relations tend to decrease dramatically. She is more likely to become an uncooperative, demanding, mean-spirited, and withdrawn individual. From her own admission she becomes aggressively rude and withdrawn from employees and colleagues during stressful incidents. Her supervisory role in Rawanda requires that she be able to handle difficult situations along with staff-members in an effective and efficient manner without creating a hostile working…

    • 2057 Words
    • 9 Pages
    Good Essays
  • Powerful Essays

    | Dear Mr. Moore, After reviewing this case, I can state that Teddy’s Supplies is definitely liable for the workplace and sexual harassment against Virginia Pollard. According to the facts, it’s indicated that Ms. Pollard (plaintiff) was placed in a ‘hostile’ environment and Mr. Steve King was her supervisor. Although it is not illegal for 1 woman to work with a group of men, it should be carefully determined by the employer if the environment is suitable for males and females to work together. In this case, it was not a good idea for 1 woman to work with male associates. • Workplace environment can by justified by 7 ways: race, gender, national origin, religious, color, age and disability. In this case, Pollard was constantly being harassed by her male colleagues. They played pranks on her by locking her drawers shut, filling the guard shack with trash, locking her out of the guard shack and therefore she was not able to perform her job duty since she was responsible for watching warehouse inventory. Also, Ms. Pollard was put into unnecessary risk of harm when a coworker backed a forklift up to the guard shack and it backfire into her ear. Ms. Pollard could have sustained injuries if the forklift had hit her because it weighted 3 tons and it could have easily injured her eardrums because it is very loud.…

    • 2218 Words
    • 9 Pages
    Powerful 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
  • Satisfactory Essays

    Case Brief Meritor Sav

    • 356 Words
    • 2 Pages

    (b) The District Court's findings were insufficient to dispose of respondent's "hostile environment" claim. The District Court apparently erroneously believed that a sexual harassment claim will not lie absent an economic effect on the complainant's employment, and erroneously focused on the "voluntariness" of respondent's participation in the claimed sexual episodes. The correct inquiry is whether respondent by her conduct indicated that the alleged sexual advances were unwelcome, not whether her participation in them was voluntary. Pp. 477 U. S. 67-68.…

    • 356 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Yes. As an employer goes through the hiring process, there are many laws which prohibit discrimination. Among these, though, are conditional situations and laws which allow for various types of discrimination by the employer (or other covered entity) during the hiring process. Some of the permissible discrimination includes the following:…

    • 1225 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    I will convey to the reader all relevant information to the in both a logical and entertaining fashion. My paper will be interesting as well as factual, and will provide the reader with information which should enhance their knowledge of sexual harassment in the work place.…

    • 270 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Ceo Liability Brief

    • 2919 Words
    • 12 Pages

    I believe that our company stands to lose a lot as a result of a successful suit against us by Ms. Pollard. We have reason to believe that if these actions are taken to court, we will find it difficult to deny the allegations and defend ourselves in the lawsuit. Harassment is defined as a punishable offense, and is inappropriate and illegal for company workers, both management and the labor force, to participate in any behavior which is deemed harassing, threatening, demeaning or uncomfortable by the person who is claiming harassment. According to the Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA), and the evidence presented by Ms. Pollard, our workers and management have clearly participated in violations of those orders. A simple defense on our part is to claim that there was no hostile work environment created, and that these incidents were few and far between, however, according to the law petty slights, annoyances and isolated incidents will not rise to the level of illegality, but I believe the amount of abuse that Ms. Pollard has taken, and can prove against us, is clearly enough to reasonably see how she can claim a hostile work environment. The fact that Ms. Pollard may have been 'easy' with some of the other gentlemen or inviting in some other ways does not mean that she has no case. She has voiced her disapproval of her treatment on many occasions and has made…

    • 2919 Words
    • 12 Pages
    Good Essays
  • Powerful Essays

    case study

    • 812 Words
    • 9 Pages

    Qe> CENGAGE LearningAustralia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States…

    • 812 Words
    • 9 Pages
    Powerful Essays