In cases involving discrimination, it can sometimes be deemed as difficult to prove. Lawyers would have to go about proving whether or not if the discrimination of the person filing the suit is job related or not. It was proven that there was not enough evidence; statistics that all the interviews at TVA happen the way it was directly stated. Explain why the plaintiff's disparate treatment claims succeed. On another note, the claim of disparate treatment that Dunlap had made was successful because the court found out the scoring of the interview process done by TVA have been influenced by the committee.
They also just threatened them not to vote, which was successful because it frightened them away. Being unable to vote resulted in them not able to try and persuade or influence of getting rid of segregation. Segregation is the idea based on black and white people could have separate access to services but had to be in different schools, as long as the services were equal. This brings me on to the point of segregated schools; the schools weren’t equal. ‘Separate but equal’ was used by segregationists as a way of justifying the separate education that races received and in reality it meant that the
Today, these quotas have long since been banned, but some argue that special considerations toward minorities are still apparent and disrupt their rights for equal opportunity. On the one hand, they argue that qualifications should be based on merit rather than race or gender, and that it implements reverse discrimination. One the other hand, those who support the concept of Affirmative Action insist that equal opportunity is reached by helping those races faced with disadvantages and that it compensates for discrimination in the past. My own view is that special consideration should not be given to minorities because it is contradictory in their intent to create equal opportunity, therefore increasing racial tensions instead of promoting it. By protecting and giving preference to minorities, Affirmative Action unwarily discriminates against the majority, therefore contradicting its own intent for equal opportunity.
Chestnut contended that Mr. Reeves was terminated for inaccurate record keeping. Actions taken against Mr. Reeves were not in compliance with the federal employment laws: prima facie case of discrimination, sufficient evidence for the trier of fact to disbelieve the respondent’s nondiscriminatory explanation and the respondent’s explanation for his decision was pre-textual. Mr. Reeves was able to prove that the stated reasons was not the real reason for his discharge and age discrimination was the real reason for termination. REEVES v. SANDERSON A prima-facie case is a lawsuit that alleges facts adequate to prove the underlying conduct supporting the cause of action and thereby prevail. Sanderson stated that their reason for terminating Mr. Reeves was due to inaccurate record keeping.
Rule: Legal restrictions that restrict the civil rights of a single racial group are subject to the most severe examination. But, pressing public necessity may sometimes excuse such restrictions. Application: In October 1944, the Supreme Court heard oral arguments for the Korematsu case along with Mitsuye Endo's habeas corpus petition challenging the army's dishonest detention. The high court accepted the army's justification of "military necessity" and sided with the government. Conclusion: The court decided against Korematsu (6-3), delivered by Justice Hugo Black, whom stated that “legal restrictions on the rights of a single racial group will always be “suspect” and that ‘courts must subject them to the most rigid
Unit 6 HR420: Employment Law Prof: Susan Knapp October 14, 2011 When reviewing the comments made by both managers it is clear that they are not being objective with their selection process. They made reference to prospective employees national origin, age, gender, religion, physical condition, and race, all of which are protected under the Civil Rights Act Title VII and the Americans Disability Act. In order to prevent any legal issues you may experience with discrimination according to the text, “Discrimination is permissible with respect to selecting candidates based on interpersonal relations, communication skills, training, and education” (Chp.2 pg.37). By abiding by the Uniform Guidelines on Employee Selection Process (1978), it will assist you in avoiding any infringement on any of the employment laws stated above. There are several laws covered under the Uniform Guidelines on Employee Selection Process.
EEOC Case of Racial Discrimination against DHL The Equal Employment Opportunity Commission’s role in this lawsuit was to act on behalf of the black drivers who believed that they had been treated unfairly. After receiving more than 20 complaints of discrimination, the EEOC conducted an administrative investigation to discover if segregation or other discrimination had taken place (U.S. Equal Employment Opportunity Commission, 2010). After the investigation was performed, the EEOC helped the African American employees try to reach a settlement. DHL and the men could not reach an agreement, therefore, on behalf of the federal government, the EEOC helped to process the charges and pursue litigation.
Because of perceived mistreatment of African American by the criminal justice system, Jury Nullification has become controversial because a number of well-known African American scholars encouraged Black jurors to acquit Black defendants (McNamara & Burns, 2009). Within this paper an explanation will identify if ethnicity influences courtroom proceedings and judicial practices, summarize the arguments for and against ethnicity-based jury nullification. Additionally this paper will include a contemporary example of ethnicity-based jury nullification and conclude by selecting a position for or against ethnicity-based jury nullification while defending the position. Ethnicity Influences Ethnicity not only influences courtroom proceedings and judicial practices, but also practices prior to and following. Because racism still exists within the world, it will continue to overlap within the criminal justice system.
However, the recent Supreme Court decision in Shelby County vs. Holder has deemed Section 5 unconstitutional. Through research, it is seen that citizens endure the costs of voting to reap the benefits. However, it can be argued that voter identification laws have the potential to suppress turnout. In contrast, it can also be argued that there are ways around the laws, and the laws have little to no overall effect on turnout. In order to understand the recent trends in voter identification laws, we must first look back at the civil rights movement in the South.
Guan Williams 1-21-15 Period 2 AP Literature Although Henry David Thoreau and Martin Luther King Jr. lived in a different time frame in the history of the United States they both attempted to argue for the rights to disobey authority if there is social injustice. Thoreau analyzes the duty and responsibility of citizens to protest and take action against the corrupt laws of government. While King shows to his audience that the laws of the government against blacks are unsupportable. Both Thoreau and King believed in standing up for what they believed in, which was disobeying unjust laws. An although, they were disobeying unjust laws, they were still disobeying laws, which is why they both suffered consequences from the law.