In the case of Baker vs. Silver Oak Senior Living Management Co., I rule in favor of Mrs. Kathy Baker on grounds of violation of the age discrimination act, employer retaliation, and medical leave harassment. In this case, I do not believe Silver Oak Senior Living Management Co. provided adequate reasons for termination of Mrs. Baker nor do I feel the company followed its disciplinary actions policy.
Issue: Under Title VII of the Civil Rights Act of 1964 can an employee who is African American demonstrate that her employer discriminated against her by failing to promote her to the position of senior control buyer, where she has seven years of experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience as a retail buyer in the private sector and has been with the company for six months?
Sabine Dupont is the Plaintiff and believes Ronald Witherspoon the Defendant created false statements against her for the sole purpose of her leaving his company to start her own company. The Plaintiff believes the Defendant purposefully did this to discredit her reputation. Whether the allegations made by the Defendant or not are true, the Plaintiff’s image and business have suffered a great amount, even after the Plaintiff made the Defendant aware that her intention was not to compete with his business. As proof there exists fliers of both businesses, and as shown the Plaintiffs flyer shows no sign of intended competition. The relationship between the Plaintiff and the Defendant was very friendly and close. The Defendant believes the Plaintiff has misjudged what has occurred to her for the past few months, as retaliation from his part. The Plaintiff worked for the Defendant for four years and within that time there were no issues, until the Plaintiff’s work plans changed. Of course, the most important evidence of all is the letter by Delilah Simpson a client of Mr. Witherspoons, where she informs us of his ill-informed communication with her about Ms. Dupont.
In 2006, Maetta Vance filed a lawsuit against Ball State University in the United States District Court of the Southern District of Indiana. Ms. Vance, an African-American woman, claimed that Ball State University was responsible for a coworker’s creation of a hostile work environment. Ms. Vance worked for Ball State University as a catering assistant and served that department since 1989. She was promoted in 1991, from substitute server to part-time catering assistant, and aga...
Complainant is a member of protected classes (Black, Haitian, and Caribbean). Complainant alleges that Respondent failed to accommodate her work related injury while white employees with work related injuries were accommodated. Complainant named three white employees (S.T., A.D., and D. L/N/U) who suffered on the job injuries and were accommodated by Respondent, whereas Complainant claims she was not. Complainant was not treated differently. The investigation reveals that Complainant admits she was accommodated with light duty just as the comparators she names. Furthermore, the investigation reveals that according to Complainant, the named comparators suffered different and less severe injuries than her, so they are not similarly situated. Complainant cannot show that she was treated differently from similarly situated employees and therefore, Complainant fails to make a prima facie case of discrimination based on her protected
Both Appellants decided to challenge the summary judgment of the court on Title VII hostile work environment and constructive discharge claims, but their claims did not meet the requirements that comprise a prima facie case. Neither of the Appellants were subjected to menial or degrading work, and there was no proof of harassment directed towards them to promote termination. The court ruled that Ruba offered reasonable solutions in both cases, which lead to the Appellants not being pleased with the offer and ended in them voluntarily leaving the organization. Because neither of Appellant’s made the complaints of sexual harassment known to Ruba directly, both were completely aware of the company’s policy and steps to take when reporting sexual
In Harris v. Forklift Systems Inc., it was noted that in addition to the whole picture, “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating,
Alternative Dispute Resolution (ADR) and traditional litigation are different types of ways to resolve legal matters. Traditional litigation can prove very costly and often times drawn out for lengthy periods. ADR affords companies the opportunity to resolve a legal matter in a reasonable amount of time and at times without the exorbitant cost of a trail. The case detailed in this paper is Kovalchick v. South Baldwin Hospital, which used traditional litigation, but reversed on appeal the hospital may want to examine the benefits of ADR.
Maetta Vance was picked on by some coworkers, and eventually, one of them got a position acting like a supervisor, while she was working for the Ball State University Banquet and Catering Division of University Dining. These coworkers were Saundra Davis and Connie McVicker. Vance and one of her co-workers, Saundra Davis, had some oral argument that ended with Davis’s slapping Vance in the head (Cornell University Law). Vance’s matter with Connie McVicker was that “Vance was told that co-worker Connie McVicker had bragged about McVicker’s family ties to the Ku Klux Klan and referred to Vance using a racial slur” (Cornell University Law). Davis complained the Ball State University about both co-workers. But, the Ball State University did not solve the problems, and did not fire Davis and/or McVicker that the university gave a written warning to McVicker and formally warned Davis, too (Cornell University Law). Then, Vance sued the Ball State University at the district court, but The district court did not satisfy Vance’s desires about the court outcomes that the university was not able to “be liable for Davis’s actions as a supervisor under Title VII because Davis did not have the power to hire, fire, demote, promote, transfer, or disciple Vance” (Cornell University Law).
Over the course of this reporting year Janine’s performance has been outstanding. Janine continues to handle three of the Unit’s largest active federal criminal cases. The USAO continues to allow Janine wide discretion to set the investigative direction of her cases with little oversight. This minimal oversight is a testament to the USAO’s confidence in Janine’s professionalism and ability to deliver outstanding results.