According to the court case on Pam Huber v. Wal-Mart Stores, Inc., I am in agreement with the fact that the “district court granted summary judgment in favor of Huber” (Morgan, p.413) and that Wal-Mart gave Pam Huber, a maintenance associated job due to her disability. In doing so, I am also in agreement with the fact that Wal-Mart did not breach the American with Disability Act of 1990 due to the fact that Wal-Mart specifically stated what was required of Pam Huber to do on the job. Due to that, I am in agreement with Wal-Mart’s decision to hire a capable candidate in replace of Pam Huber due to their policy. According to the Pam Huber v. Wal-Mart Stores, Inc. case, one reads that Pam Huber was switched from her current job, as a dry grocery order filler due to the fact that she injured herself at work and therefore was unable to fulfill her requirements. Due to this dilemma at work, Pam Huber was classified under the American with Disabilities Act of 1990 and was “sought, as a reasonable accommodation, reassignment to a router position” (Morgan, p.413), which Wal-Mart believes fits the working criteria’s of a disabled person registered under the American with Disabilities Act of 1990. This position that one reads about that Pam Huber was given by Wal-Mart, meets Pam Huber’s work abilities due to her disability registered under the American with Disabilities Act of 1990. One reads in this case also, that Wal-Mart- was fair in the fact that they did not automatically and simply tell Pam Huber to step down from her current position but to however get reevaluated against people that where not disabled and capable of doing the job. I believe that Wal-Mart was absolutely fair in wanting to reevaluate Pam Huber due to her disabilities... ... middle of paper ... ...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. References Moran, John Jude. "Disability Discrimination." Employment Law: New Challenges in the Business Environment. Upper Saddle River, NJ: Prentice Hall, 2014. 413-14. Print.
The Tucker vs. Walgreen Company was a nationwide known class action case. It fell into the category of race discrimination. This cases was brought to the attention of the law by African Americans who were employed at this retail and pharmacy store. This pledged that they were being discriminated to by the following acts:failure to move up in positions (promotion), dieing them the opportunity to apply for assistant manager and manager, and being assigned to an undesirable store for an extended period of time compared to whites. They filed a class action lawsuit with the demand of compensatory and punitive damages and declaratory and injunctive relief. Along with these demands, the plaintiffs desired class certification for those who have been previously affected by the defendant’s discriminatory acts as well as any who will suffer from them in the future.
...g went to the fact that even though the business did not purposely discriminate, it did in fact due to a policy that is discriminatory in nature. In other words, the true reason for the firing was directly related to substance abuse. Although the employee was technically not let go due to the abuse specifically, the fact that this occurred in fact is enough to render the policy unfair. I feel that this law provides great value to my workplace as, it protects those who have made mistakes at the workplace due to a disability. In this case it was substance abuse, but the same concept could be applied to other conditions that alter behavior.
Facts: On December 4, 2012 the case involved Sandra Primrose as plaintiff versus Wal-Mart Stores, INC., as defendant presented in the hearing trial court. Ms. Primrose who was 73 years old at the time claimed that because of the Wal-Mart’s watermelon signs was display in the wrong area, where she was tripped and fell over the corner of the sign on September 09, 2009, and had caused her injuries while trying to transporting the watermelon to her shopping cart. She didn’t filled out the damage reported until September 09 of 2010. On October 15, 2012, Wal’Mart filed a motion for summary judgment request. According to Scott Harden who’s the store manager in this location during the incident was occur claimed that the signs have been in-used for
The movement continues to make great strides towards the empowerment and self determination ("Disability rights movement," 2005, p. 3). On the other hand, it has not completely broken down barriers that continue to create the dynamics of oppression among such individuals. For instance, WIOA can be harmful to individuals with disabilities because there are still societal prejudices and biases associated with the stereotypical portrayal of people with disabilities and WIOA has played a role in it. For example, WIOA networks with employers to hire individual’s with disabilities and place them in conventional settings, where they work with others who have disabilities, for example, Walgreen’s and in fact, these participating organizations have also increased their pay. In my opinion, individual’s with disabilities should be able to work with individuals who are not disabled, as well. Furthermore, pay for those individuals who are still considered to be in “sheltered” work programs have not received an increase in pay. Additionally, according to my studies, in 2012, less than 30 percent of Florida’s civilians with disabilities between age 18-64 living in the community were employed. There is a greater priority focused on young people who are disabled. This is an additional issue in my opinion which can be considered discrimination, because, the focus leaves out middle aged individuals as well as,
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, ...
Do you agree with the decision in this case? Why or why not? What if she had told the owners that she was doing this extra work but she continued coming in early because it was the only way to get started on time? Would the outcome of the case be different? Why or why
The Americans with Disabilities Act (ADA) is probably the most comprehensible formulation of disabled individuals’ rights. The ADA officially became a law July 26, 1990 signed by President Bush. To understand the impact of the ADA, one must understand that almost every individual or family is touched by an experience of disability at one time or another. The necessities for state and local government, transportation, employment, and telecommunications can latently benefit everyone. An important point to understand is unlike people who have experienced discrimination based...
This Hobby Lobby case was decided totally upon the Religious Freedom Restoration Act (RFRA) that became law in 1993. The problem is the Supreme Court’s ruling in Burwell v. Hobby Lobby Stores is one of the demonstration that anti-discrimination regulations can practically induce heightened discrimination than they inhibit. This regulation, RFRA has effectively worked to protect that several anti-discrimination laws. However, Regulations that target religion on purpose are and should be legally suspect, but the RFRA progress more and more, empowering intentional omissions to laws that oppress religious activities. The RFRA menaces rational set of laws, including Unite States Constitution and Amendments forbidding discrimination against other
Erkulwater, Jennifer L. Disability Rights and the American Social Safety Net. Ithaca, NY: Cornell University Press, 2006.
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors (US Department of Justice, 2011...
The decision to terminate an employee may be difficult for some managers depending on the situation at hand. Today, many states have adopted the employment at will law to fire employees for any or no reason, with the exception of employees that have a contract in place. According to Erickson (2008), “The basis for an employer to terminate an employee without being sued is the employment-at-will doctrine. This doctrine is a statement that is signed by both the employee and employer at the time of hire that states that the employee can quit at any time for any reason without notice and that the employer can terminate the employee at any time for any legal reason.” On the contrary to the definition of “At-Will” employment, Pozgar (2012) states, “The employment-at-will common law doctrine is not truly applicable in today’s society and many courts have recognized this fact. The twentieth century has witnessed significant changes in socio-economic values that have led to reassessment of the common law rule (p. 494). An example of an organization hiring on an employment on an at-will basis but terminating an employee without justifying the cause of action was the case of Joseph Casias versus Corporation. By law, an employer has to follow guidelines that essentially make ethos rules null and void because there is nothing to adhere to, especially in a circumstance where the employee is terminated by the at-will policy. In this situation, if the employer terminated by allegations that this employee was an active drug user. However, by law, according to Mr. Casias and his attorney, this employee had legitimate reasons for being involved in obtaining and smoking marijuana. As discussed in the case, the law protect employees from illegitimate...
http://www.ons.gov.uk/ons/dcp171778_270487.pdf [Accessed 28/01/14]. Scotch, R (1989) From Good Will to Civil Rights: Transforming federal disability policy. Temple University Press: Philadelphia, PA. Shakespeare, T (2006) Disability: Rights and Wrongs.
Many employees claim low wages, no benefits, irregular schedules, and unreliable hours as some of the horrible working conditions they have to endure. Walmart employees put together different unions all the time to try and protest or strike about the wages, treatment and anything else that seems to come along with being an employee of Walmart. Walmart does not take well to these unions. Women of Walmart seem to have it the hardest though. As recently as 2013, despite the fact that women account for as much as 57 percent of Walmart’s U.S. workforce, women were paid $1.16 less per hour (Osterndorf). In an article about Walmart and how it treats employees wanting to take sick days, a woman in fear of losing her job at a North Huntingdon Walmart, went back to work even though she had doctors' notes and hospitalization recorded, which were both rejected by her supervisors, to excuse her from work due to a miscarriage. She was worried the she would get fired due to absences so she went back (Abrams). Walmart also does not give out good health care to its employees. There are many claims of Walmart cutting health care for employees or finding the cheapest possible solution for an employee's health care. In 2014, the company cut insurance benefits to its part-time employees (Osterndorf). In a New York Times article about health care called, Walmart to End Health Coverage for 30,000 Part-Time Workers, it stated
What most people do not know is that in our world today, people that have all of these disabilities are dictated treated poorly between their bosses at work or even their peers. There had obviously been laws in place that prevent disability discrimination, however, some people continue to go along with this social inequality. When a person is discriminated against for having a disability, being assumed to have a disability, or having a connection with a disabled person, this is considered disability discrimination. Disability discrimination can be shown in anywhere, sometimes even without the bully knowing they were doing it. Different kinds of disability discrimination include the abysmal harassment of an employee based on their disability, asking the disabled person background information on their medical conditions, separating the disabled people from everybody else, or refusing to give a person a job specifically because they are disabled. These forms of harassment are based toward disabled people in a place of work, but work is not the only situation in which this social inequality occurs. Disability discrimination happens all over the world, and in no way, shape, or form should it happen in 2017, but it