Order 5088216 Discrimination Cases In Workplace-revised-
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Nov 24, 2024
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1
Discrimination Cases in the Workplace
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Institution
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Date
2
Summarise Case 2
This case was between the EEOC as the plaintiff and the CFC. Plaintiff alleged that the
defendant had violated Title VII of the Civil Rights Act of 1964 by letting its employees subject
a female employee to sexual harassment. The EEOC brought the action on behalf of the female
employee who alleged that CFC had failed to adequately respond to her complaints about the
harassment.
The issue presented in this case was whether CFC violated Title VII of the Civil Rights
Act of 1964 when it allowed its employees to subject a female employee to sexual harassment.
The Court decided that the Court found that the CFC had violated Title VII by failing to
adequately respond to the female employee's complaints about the harassment. The Court held
that CFC had a duty to take reasonable steps to prevent and correct any sexual harassment of its
employee. Court found that CFC had failed to fulfill this duty and thus had violated Title VII.
One direct quote from the court: "
The use of the word 'necessary' in section 703(e)
requires that we apply a business
necessity
test, not a business convenience test
."
Link to an
external site
For all 4 cases;
Case 1: Kern v. Dynalectron Corp., 577 F. Supp. 1196
Why is the plaintiff alleging discrimination?
The Plaintiff, Kern, is alleging
discrimination based on age. This case is one of disparate treatment.
What protected classification is the plaintiff alleging that the defendant improperly
acted upon?
Plaintiff is alleging that the defendant improperly acted on age.
3
What defenses does the defendant put forward?
The defendant put forward the
defense that Kern was discharged due to poor job performance and that the decision to discharge
was made in good faith.
What are the most persuasive facts that each side presents to the Court?
Plaintiff
presents evidence that Kern was the oldest employee in his department and that after Kern's
discharge, most of the remaining employees were aged 18 to 25. Defendant presents evidence
that Kern had been warned several times about his poor job performance and that his discharge
was based on this fact.
How does the court rule, and why? Explain the Court's reasoning and logic.
The
Court rules in favor of the plaintiff and holds that the defendant has violated the Age
Discrimination in
Employment. The Court concludes that the defendant's claimed cause for
Kern's termination was a pretext and that the plaintiff has proven a prima facie case of
discrimination by demonstrating that Kern was terminated and replaced with junior workers.
One direct quote from the plaintiff
"I did not notice the word 'Ever' because I did not
fully read the application."
Link to an external site
Case 3
Why is the plaintiff alleging discrimination?
The Plaintiff (Equal Employment
Opportunity Commission) is alleging discrimination because they claim that the Defendant
(Abercrombie & Fitch Stores, Inc.) refused to hire an applicant to a sales position due to her
wearing a hijab, which is a religious headscarf, in violation of Title VII of the Civil Rights Act of
1964. The case is disparate treatment because the defendant was accused of refusing to hire the
applicant due to her wearing a hijab, which is an intentional act of discrimination.
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4
The protected classification is the plaintiff alleging against the defendant.
Plaintiff is
alleging that the defendant improperly acted upon the applicant's religious beliefs, specifically
her Muslim faith, as the hijab is a symbol of her religious beliefs.
What defenses does the defendant put forward?
Defendant argued that the applicant
was not hired because she violated the company's Look Policy, which forbade workers from
wearing "caps" or headscarves. The defendant contended that the Look Policy was a valid
business issue that applied to all candidates, irrespective of their religion.
What are the most persuasive facts that each side presents to the Court?
Plaintiff
argued that the defendant was aware that the applicant was wearing the hijab due to her religious
beliefs and that this was the reason why she was not hired. Plaintiff also argued that the Look
Policy was too vague and had been applied in a discriminatory manner. Defendant argued that
the Look Policy was a legitimate business concern and applied equally to all applicants,
regardless of religion. Defendant also argued that the applicant was not hired because she did not
adhere to the Look Policy, not because of her religion.
How does the court rule, and why? Explain the Court's reasoning and logic.
The
Supreme Court sided with the plaintiff. The Court ruled that an employer's refusal to hire
someone because of their religious practices was unconstitutional, constituted intentional
discrimination, and violated Title VII of the Civil Rights Act of 1964. The defendant was
informed of the claimant's religious beliefs, according to the Court, and for this reason, she was
not employed. The Court also stated that the defendant had failed to demonstrate that the Look
Policy was required for the functioning of the business and that it was used in a discriminatory
manner.
5
One direct quote from the court.
"An employer may not make an applicant's religious
practice, confirmed or otherwise, a factor in employment decisions."
Link to an external site
Case 4: Crandall v. Bristol-Myers Squibb Co., 681 F.3d 599
Why is the plaintiff alleging discrimination?
The plaintiff alleges discrimination based
on age, race, and/or national origin. Is the case one of disparate treatment or disparate impact?
The case is one of disparate treatment.
What protected classification is the plaintiff alleging that the defendant improperly
acted upon?
Plaintiff alleges that the defendant improperly acted upon age, race, and/or national
origin.
What defenses does the defendant put forward?
The defendant argued that the plaintiff
had not presented enough evidence to prove that discrimination had occurred and failed to meet
the necessary requirements for establishing a discrimination case
.
What are the most persuasive facts that each side presents to the Court?
Plaintiff
presented evidence
that the defendant provided more favorable treatment to younger employees,
including providing them with greater job opportunities and better training and mentoring
opportunities. Defendant argued that the plaintiff failed to establish a prima facie case of
discrimination and that the plaintiff did not present sufficient evidence to support a finding of
discrimination.
How does the court rule, and why? Explain the Court's reasoning and logic.
The
Court ruled in favor of the plaintiff, finding that they had provided sufficient evidence to
demonstrate that the defendant had discriminated against them based on their age, race, and/or
national origin. The Court found that the defendant had a habit of providing better treatment to
younger employees, which had a disproportional effect on the plaintiff.
6
One direct quote from each case.
"I see no justification for forcing them to conform to
Harrah's quaint notion of what a 'real woman' looks like."
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