A Cause of Action: A set of facts, which may entitle a person with a right to sue another person. If such facts are proved, it would result in a judgment in favor of the plaintiff. The complaint (sometimes called a "Petition" or "Pleading" ) is a written statement of the plaintiff's case, usually broken up into separate claims (called "legal causes of action")or the issue or issues in controversy damages and prayer or request for relief or compensation. The plaintiff states his or her version of the facts -- what the defendant allegedly did or failed to do -- and asks the court to order some kind of relief (money damages as compensation for any loss, for example) 1.The most important pleading in a civil case is “complaint” which sets out the …show more content…
§ 2000e-5 et seq.) 1. Covers all employment discrimination by covered employers if employment discrimination based on race, color, religion, gender, national origin; also covers sex or race harassment even without direct economic injury, following Civil Rights Act of 1991; see Harris v. Forklift Systems, Inc., 114 S.Ct. 367 (1993); see also Griggs v. National R.R. Passenger Corp., 900 F.2d 74 (6th Cir. 1990) (sexual harassment covered by Title VII even before 1991 …show more content…
Civil Rights Act of 1991 (Section 102) adds a new provision to 42 U.S.C. §1981, Section 1981a, providing for compensatory and punitive damages in Title VII actions, subject to damage limitations found in 1981a(b)(3). Damages covers hedonic damages (loss of the enjoyment of life), Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)(sexual advances by superior are actionable as hostile environment sexual harassment even if employee can show no tangible effect on terms or conditions of employment; that is, female employee who refused to submit to advance by male superior, but suffered no loss of compensation or no change in conditions of employment may still bring action, subject to affirmative defense by employer, namely that employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior and the plaintiff employee failed to take advantage of preventive or corrective opportunities provided by employer). Faragher v. Boca Raton, 118 S.Ct. 2275 (1998) defining affirmative defenses. See Newton v. Caldwell Laboratories, 156 F.3d 880 (8th Cir. 1998)(applying Ellerth and Faragher 3 test). 3.Title VII 42 U.S.C. §1981a(b)(3) Covers front pay award as well as compensatory and punitive damages. 42 U.S. Code § 1981a - Damages in cases of intentional discrimination in
Title VII of The Civil Rights Act of 1964 prohibits discrimination based on race, color, national origin, gender, or religion. Race, color, national origin, gender, and religion are known as protected classes. The Supreme Court later established “several theories of discrimination that plaintiffs may purses based on the type of discrimination alleged.” (Melvin & Katz, 2015) The three most common theories are disparate treatment, mixed motives, and disparate impact. Aquino v. Honda is an example of disparate treatment as Aquino believe his was terminated, thus discriminated against, because of his race. Disparate Treatment is defined as “overt and intentional discrimination.” (Melvin & Katz, 2015)The burden of proof was on Honda to prove it had legitimate reason to terminate Aquino. The court ruled that Honda had met the burden of proof; the firing was not discriminatory as the accusations were not baseless nor did they amount to pretext. When the burned shifted back to Aquino to prove his firing was discriminatory in nature, he could not provide any
Statement of the Case: This part has the summary of the dispute, and what happened in the lower court and present court by the time that the brief was filed. Also, this part provides important facts and a word by word recall of the case (Statsky, pg. 545).
Title VII of the Civil Rights Act of 1964 prohibits most of the discrimination and harassment in the workplaces. The provision of the Title VII covers all the state, local government, private employees as well as educational institutions that have at least 15 employees or more. The Act prohibits any discrimination that may be meted against the individuals on the basis of the origin, religion, sex, color, race, and national origin (http://topics.hrhero.com/title-vii-of-the-civil-rights-act-of-1964/).
David Dunlap, a 52-year old African American male with 25 year boilermaker experience, 15 years of which include foreman experience, brought suit under Title VII, alleging racial discrimination by the TVA after being looked over after interviewing for positions within the TVA. The district court agreed that “Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants” (Walsh, 2010). The case was heard by the 6th District Court of Appeals and that court “affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court’s award of damages and fees to Mr. Dunlap” (Walsh, ...
Title VII of the Civil Rights Act of 1964 has grown over the past few decades to ensure that employees, as well as employers, are protected against all employment discrimination. It is extremely important that both employers and employees know and understand what the law means and how to handle such acts of discrimination. As more amendments are passed into law, employers need to have clear and concise policies to help fight against discrimination.
Disparate Impact arises when an employer's practices unintentionally excludes a protected class disproportionately (Player, Shoben and Lieberwitz, 1995). A "protected class" is a group of people, with common characteristics, which Congress has determined must be protected from inequality ("On-the-Job Discrimination: Gender Discrimination," 2004). This paper will analyze the landmark disparate impact case of Griggs v. Duke Power Co. (401 U.S. 424, 1971) from its beginning to its conclusion in the Supreme Court. Included will be the facts of the case and the issues detailed, as well as the history of the case from initial filing to final ruling.
Primarily, the employee was in violation of federal laws, which protect employees regarding slanderous or racially remarks. According to Title VII, it is...
A lawsuit is a legal action brought by a plaintiff, a person who claims to have been wronged, against a defendant, the person being sued. If a judge decides that a case has enough evidence to go to trial then the verdict may be decided by either a judge or a jury. Yet, 90 percent of cases reach a settlement out of court. (Cannell) The scary truth about lawsuits is that anyone can file a suit for anything!
“Title IX is a law passed in 1972 that requires gender equity for boys and girls in every educational program that receives federal funding” (“History”, Part. 2). Title IX covers 10 different aspects of gender equality (“History” Par. 3 ). The different aspects are: Access to Higher Education, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Math and Science, Standardized Testing and Technology, Sexual Harassment. One of the hardest areas to regulate is sexual harassment and assault because once it occurs there isn’t a lot you can do for the victim.
... includes acts protecting most of employees. Besides, there is an enforcement practice of these acts by courts, arbitration courts and governmental institutions (EEOC). The Equal Employment Opportunity Commission plays an important role in protecting employees’ rights. A thorough study of the cases carried out in this work proves that the USA has a well-balanced anti-discrimination system.
It is estimated that nine out of ten women will be victims of sexual advances at work. The courts are making it easier to hold a company liable for any sexual harassment behavior that occurs within the workplace. The employer does not even need to know that the sexual harassment is taking place for an employee to file a suit and win. It is almost impossible to find a ?solution? or ?magic key? that will end the problem. There is no guarantee that anything will prevent sexual harassment from happening. There are only suggestions that might help in depleting the problem.
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
The U.S. Equal Employment Opportunity Commission. (1997, January). Title VII of the Civil Rights Act of 1964. Retrieved from: http://www.eeoc.gov/policy/vii.html
Workplace harassment is unwelcome actions that are based on a person’s race, religion, color, and sex, and gender, country of origin, age, ethnicity or disability. The targets of the harassment are people who are usually perceived as “weaker” or “inferior” by the person who is harassing them. Companies and employers can also be guilty of workplace harassment if they utilize discriminatory practices against persons based on ethnicity, country of origin, religion, race, color, age, disability, or sex. These discriminatory practices have been illegal since the passing of the Civil Rights Act of 1964 (Civil Rights Act of 1964), and have been amended to be more inclusive of other people who experience discrimination by the Civil Rights Act of 1991 (The Civil Rights Act of 1991), and most recently, President Obama’s signing of the Lilly Ledbetter Fair Pay Act of 2009 (Stolberg, 2009).
Sexual harassment in the workplace is a huge problem in recent history. It can happen to anyone and it can happen everywhere. It can affect all types of races, gender and age. Statistics today shows that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consume covering sexual harassment because of the high profile cases. Sexual harassment becomes a topic on various TV shows, and on some major morning radio talk shows mostly everyday. Sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace.