Active L 4
docx
keyboard_arrow_up
School
Saint Leo University *
*We aren’t endorsed by this school
Course
550
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
1
Uploaded by charainem
1
After reviewing the case,
Burlington Northern & Santa Fe Ry.
v. White
, Sheila White was the only woman in the Way
Department of Maintenance at the Burlington Northern Santa
Fe Railroad. In September of 1997, Shila filed a complaint to
officials of Burlington Northern that Bill Joiner, her immediate
supervisor, not only had occasionally commented to her that
women are not supposed to be working in the Way and
Maintenance department, but he had gone as far as directing
inappropriate remarks as well as insulting her in the presence
of male coworkers. She was later reassigned to another
position due to complaints by the male workers; they implied
that she was not as qualified or experienced and, therefore,
should have been given the less physically demanding job
instead because she was a female. A few days later, White
and her new supervisor, Percy Sharkey, had a disagreement,
and Sharkey reported that White had acted insubordinately.
She was suspended for 37 days without pay, but later, she
was reinstated and offered full back pay.
As a Judge, I would rule in favor of White. She was sexually
discriminated against and harassed, then reassigned to a less
desirable position because she filed a complaint against her
supervisor. This was a form of retaliation due to her claims.
Her former supervisor, Joiner, was only suspended for ten days
and ordered to attend a sexual harassment training session,
but White got suspended for 37 days without pay for
insubordination, which is used to describe behavior that goes
against the authority or orders from a superior. I do not
believe her actions were severe enough to receive such
punishment. The company tried to use insubordination as a
means to support their wrongdoings based on her gender.
They violated Title VII's anti-retaliation provision, also known
as Section 704(a) of the Civil Rights Act of 1964, which
prohibits employers from retaliating against employees who
file discrimination charges or any other protected activity
under this act. This type of retaliation may have caused
Williams serious hardship.
Discover more documents: Sign up today!
Unlock a world of knowledge! Explore tailored content for a richer learning experience. Here's what you'll get:
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help