Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Eassy sexual harassment at workplace
Discrimination of women in the police
Eassy sexual harassment at workplace
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Eassy sexual harassment at workplace
Nancy Drew Suders was hired March 1998 by the Pennsylvania State Police (PSP) as a police communications operator for the McConnellsburg barracks, where her three male supervisors subjected her to a "continuous barrage of sexual harassment." Suders said one of the supervisors Sergeant Eric D. Easton, talked to her repeatedly about sex with animals. The second, Corporal Eric B. Prendergast sat on her desk and made gestures simulating oral sex. The third, Patrol Corporal William D. Baker made obscene gestures as many as five or ten times a night. In June 1998, Suders spoke to PSP's Equal Employment Opportunities Officer, Virginia Smith-Elliot, and told her that she "might need some help." Two months later Suders contacted Smith-Elliot again and this time told her that she was being harassed and was afraid. Smith-Elliot told Suders to file a complaint, but she never told her how to obtain the necessary forms or what procedures she should follow. Suders never did file a complaint since she felt that Smith-Elliot had been insensitive and unhelpful. Two days later, Suders three supervisors arrested her for theft of her own computer-skills exam papers. Suders had several times taken a computer skills exam to satisfy a PSP job requirement. Each time, Suders supervisors told her that she had failed. One day Suders came upon her exams in a set of drawers in the women's locker room, that's when she concluded that her supervisors had never forwarded the tests for grading. Suders took the exams with her at that point and later tried returning them to the drawer, but when she tried to do so her hands turned telltale blue since prior to that the supervisors already knew she had taken the exams, they had already devised a plan where... ... middle of paper ... ...that was the first thing that caught my interest, later when reading the case and discovering that two lower cases had both ruled against the plaintiff, that is when I decided to go further in the case. I wanted to know why it was that the lower courts had ruled against her anf not for her. The decision the court made was fair, I agree with the court. It was the fairest ruling the court could have made towards Suders considering that in reality she had lost the lower court ruling because of the fact she didn't really have sufficient evidence that indeed her supervisors had been harassing her. Therefore, I think the outcome of this particular case was fair and I would have to agree with the decision the United States Supreme Court made towards Suders. Citations www.supremecourtus.gov. www.law.com www.findlaw.com www.latimes.com www.nytimes.com
Based on the case what are two defenses against sexual harassment that can be used by an employer?
...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
The case Meacham v. Knolls Atomic Power Laboratory did in fact uphold the jury's findings that employees who are on the older side had lost their jobs through a layoff plan. This discrimination was unintentional. However, the policy did have an impact that was deemed discriminatory and the firm could have reached its goals through a different method that would not effectively discriminate. The reason for the suit had to do with the fact that thirty of thirty-one people who were laid off were over the age of forty. There were 26 plaintiffs who did go to trial while some of the others settled with the company on their own. In the end, the jury awarded plaintiffs a total award of $4.2. The case was appealed and at the time, Knolls argued that the law really does not allow disparate impact claims, citing Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993), where a claim involved disparate treatment and what was needed was proof of intentional discrimination. The Court claims that the Hazen Paper Court had not resolved the appropriate use of ADEA in terms of disparate impact. It was further stated that the decisions to come from other circuits do not necessarily overrule prior cases. The idea that disparate impact claims may not be allowed under ADEA is therefore rejected.
Analysis / Ruling of the Court. The district court granted the employer’s motion for summary judgement on the sexual harassment claim due to the fact that Sherry Lynch treated both men and women equally in this case; that is, she behaved in the same vulgar and inappropriate way towards both genders. For this reason, Smith’s gender was not a contributing factor to the harassment, which is one of the conditions that would have to be met for the sexual harassment claim. The appellate court agreed and affirmed the district court’s judgement. The district court ended up excluding evidence pertaining to the sexual harassment claim because the sexual harassment claim had been dismissed on summary judgement, and because the court decided that the details of the harassment bore little relevance to the retaliation case whereas this evidence would be unfairly prejudicial to Hy-Vee. The appellate court affirmed the district court’s judgement. Smith did not offer any specifics on what evidence she would have wanted to present, which made it hard for the court to determine whether this evidence was material to the retaliation case or not. In her opposition to the motion in limine, she said she only wanted to discuss the harassment case in general, including mentioning that Lynch had harassed/touched her inappropriately. Hy-Vee had no objection to this, and Smith got to present this much evidence in the trial. Therefore, the appellate court found that she waived any objection to the
In an express recognition that every sexual harassment case is likely to be profoundly circumstance-driven, Mansfield J appropriately focused on assessing the credibility of the witness, whether the alleged event did in fact occur, and whether it occurred in the way which she alleged it occurred, with a range of evidence before him. Some of the alleged conducts were directly denied: with regard to an April 2005 allegation concerning A Hickinbotham, after assessing the ‘reasonable’ time period in which the incident should have been reported given the surrounding circumstances (e.g. Poniatowska’s position at work), the judge rejected her claim on ground of the significant delay in reporting the incident. Reasonableness was again considered in dealing with a September 2005 allegation concernin...
Her appeal was later focused on the search and seizure violations of her Fourth Amendment right. Her appeal made it to the Supreme Court of the United States (Mapp v.
The MOVE Organization surfaced in Philadelphia in the early 1970’s. The MOVE movement was one of “back-to-nature,” which was poorly understood by their urban neighbors and the local government and possibly by the organization itself (McCoy). John Africa, who is said to have been illiterate, founded MOVE. It was a loosely organized and sparsely populated organization. I argue that the failure of MOVE to “bow to the man” and the lack of police and government self-control, led to the abuse of power and police brutality that culminated on May 13, 1985 of which the magnitude Black’s theories fail to predict. Black’s theories on law, specifically “Socio Economic Status” and “Organization” and its bearing on the application of law, will be used to analyze the MOVE II incident.
The Baltimore City police have faced a myriad of problems in the last year. The riots following the Freddie Gray arrest were reported around the country and created a situation where the Governor was forced to call in the National Guard to protect the city. Community leaders report that African American’s are stopped, searched and arrested at a far greater number than Caucasian’s. The Baltimore city police are at an impasse with the community at this time, it is up to the city leaders and the police officials to come up with some real solutions to the issues that can no longer be ignored.
His complaint alleged that his termination was unconstitutional because he was not given an opportunity to respond to the charges against him before his removal. As a result he was deprived of liberty and property (steady employment) without due process under the Fourteenth Amendment. The District Court ruled that his due process rights were not violated. However, the Sixth Circuit Court of Appeals heard a consolidated appeal: Loudermill’s case together with another similar case (Cleveland Board of Education v Donnelly). The court reversed, in part, the previous decision and stated that the Board of Education had, in fact, violated Loudermill’s due process rights by removing his property right (to employment) before giving him a chance to respond to the charges against him. 3. Main Issue: Can a state remove a civil service employee’s property rights to employment before giving that employee an opportunity to respond to the charges which are the cause for the termination? 4. Court Deciding: United States Supreme Court. 5. Decision: Summary judgment affirming the decision of the Appeals
The case was decided 6-3 in favor of Alvarez. The Supreme Court ruled the Stolen Valor Act unconstitutional in violation of the First Amendment. Justices Kennedy, Roberts, Ginsburg and Sotomayor joined in a plurality opinion. The plurality stated that freedom of speech under the First Amendment protects lying and false statements. Although the lies are frowned upon and socially unacceptable, the First Amendment protects those types of statements. With the application of strict scrutiny to this case, the Justices within the plurality found that the Stolen Valor Act was very broad and if it had more specific restric...
Police Powers in N.S.W The Police Force in N.S.W must have sufficient powers so that they are able to enforce the law properly and effectively for the safety of the community and its occupants. Powers, which provide Police to maintain and enforce the law, include: stop search powers, powers of arrest, move on powers, confiscation powers and the power to obtain personal details along with various others. Search powers permit police officers, for example, who have reasonable cause to suspect that a person has unlawful custody of a dangerous implement, to search the person and to examine any other personal effects, the person in question has with them (Summary Offences Act section 28A). After this search police may confiscate the implement or implements in the possession of the person who has it in their unlawful custody (Summary Offences Act 28B). After this the officer may formally charge the person or proceed with a summons, now the person must divulge their name and address.
After the viral trend of police brutality, state and defense attorney gathered to determine if a Phoenix Police officer is the victim or villain during oral arguments on Friday, Sept. 25, at the Maricopa County Superior Court.
They looked all the detail even the things that the men overlooked. They started at the beginning and continued to look until they had figured out what had happened and why it had happened. The men were simply looking for evidence, while the women were looking for the story. It was the story that led the women to take evidence that could have convicted Minnie. The jury decides based on evidence and a confession. They didn’t have either so they couldn’t convict her. I think I agree and disagree with the verdict. It was clear that this man was abusing this woman in some way shape or form; however, I didn’t agree with how the women went about hiding the evidence they found. I think that it has a lot to do with the time period. I don’t think self-defense or insanity pleas were used the way they are now. It was clear that this woman suffered a great deal at the hands of this man and that she only did what she thought was necessary.
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
The degree of force that officers use is heavily influenced by police discretion in real-world situations rather than espoused by a certain agenda. Discretion can be classified into four different categories where administrators, the community, and the individual police officer exercise differing degrees of influence in decision-making. What is needed to help officer discretion is a central ethos that will guide discretion when all other rules fail to help.