Mr. Johnson, a white male, testified for the plaintiffs in a racial discrimination lawsuit brought by a black female employee against his employer, Security Bank. He had been advised by his manager not to get involved. Shortly thereafter, Mr. Johnson was fired. A. Mr. Johnson has no case for retaliatory discharge because he is not a member of the protected class. B. Mr. Johnson has no case for retaliatory discharge because merely testifying on behalf of someone else is insufficient involvement in a discrimination lawsuit to get protection against retaliatory discharge under Title VII of the Civil Rights Act.
www.studentehelp.com 1. What defense can an employer use to a charge of sexual harassment? • The harassed employee was not made aware of the company's antiharassment policies. • The harassed employee took advantage of the preventive measures provided by the company but still could not avoid being harassed. • The employer does not have any complaint mechanisms for employees who are harassed.
She however, failed to get the promotion. According to the bank’s claims, Lia lacked adequate English skills to calm irate customers. As a result Lia Lee filed a law suit with the allegation that the Federal and State bank denied her a promotion due to her accent. As a judge, I wouldn’t rule in favor of the plaintiff on the basis of Title VII of the Civil Rights Act of 1964. While the Civil Rights Act of 1964 does forbid job discrimination based on an individual's "national origin," the U.S. 9th Circuit Court of Appeals on March 6, 1989 ruled that the act is not violated if an employer refuses to hire someone whose accent "interferes materially" with their ability to perform a job.
Musselman v. Willoughby Corp 230 Va. 337, 337 S.E.2d 724 (1985) Parties Plaintiff------------ ------>Willoughby Corp alleges defendant did not supervise paralegal resulting in harm to client Defendant-------------------------->Licensed attorney that employed a paralegal t Facts and Procedural History Attorney Musselman was hired by Willoughby Corporation to to handle the daily operations of their corporation and to complete purchases that the Company were interested in such as the purchase or sale of certain land. Musselman became the corporation's attorney as well as its secretary an was notified by the corporation that it would like to sell a parcel of land to a local real estate broker. Attorney Musselman took the case and quickly assigned it to Stanley Joynes, a recent colege graduate. Musselman was fully aware that Joynes had no formal training as a alwayer or even a paralegal yet he let him work on this case without any supervison. Due to lack of supervision many mistakes were made by Joynes and language was purposely put in the contract that led Hurt to escape liability and this caused the client to lose out on a great deal of money.
The false perception Jack Carter abstains that his company is not in any immediate danger of discrimination lawsuits, tells me that he never received any legal representation or solicited advice from a reputable Human Resource company. So the answer is, yes, he can be accused of being discriminatory. 2-30. How should Jennifer and her company address the sexual harassment charges and problems? Jennifer will have to conduct an investigation.
Case Study 1-1 Job Performance Abstract This case is about a company who manufactures ovens. The company wants to remove jobs out of the bargaining unit due to the experimental program failed because of poor performance. The company presents no evidence of disciplinary warnings or coaching to change the behavior of the accused employees of their poor performance. I have found somewhat a similar situation with General Motors plant in California. Placement or removal of the job classification Job classifications are job descriptions regardless of the person’s knowledge, skills, abilities and other characteristics such as experience and education.
An-Mei’s mother, who has no value, “no face”, no name, for she has no identity of her own, inaugurates her journey when she departs into Wu Tsing’s mansion as a fourth wife, the lowest position in his household (46). She was tricked into becoming the fourth wife of Wu Tsing. Wu Tsing’s wives could not bear him a son and he became impatient, so treacherous Second Wife arranged An-Mei’s mother to become Wu Tsing’s third concubine and fourth wife. Wu Tsing raped An-Mei’s mother, and she was viewed as a traitor to her husband by her family. Her family disowned her and banned her from the family house.
She cited Ford as authority to bring an action against her employer. The Court of Appeals rejected her claim, stating that there was no evidence that the employer was even aware of the co-worker’s misconduct until she quit. Furthermore, the conduct was described as an “unexpected injury-causing event” within the coverage of the workers’ compensation statute. This case suggests a possible trend toward erosion of the exclusivity ban of workers’ compensation when it comes to workplace violence. If an employer is presumably “on notice” that an employee displays episodes of violence and does nothing, or very little, for a protracted period of time and the employee ultimately engages in a violent act resulting in physical harm and emotional distress, can the injured worker bring a claim for intentional infliction of emotional distress against the employer?
The managerialist approach is an analysis of organizations that takes the needs and the perspectives of management as its starting point. In the clip from the movie Norma Rae, there were many examples of the managerialist approach being used. Norma Rae was protesting her case on company time, which affected productivity of the factory. Her actions affected productivity, which is an integral part of the managerialst approach. When she persuaded fellow employees to shut their machines off and participate in her protest, profit was lost since no product was being made.
An example of this is an employer may have the right to listen to telephone calls however they do not have the right to listen to telephone calls on your personal cell phone. However, in the case Michael A. Smyth vs. The Pillsbury Company, Defendant [Pillsbury Company] maintained an electronic mail communication system (“e-mail”) in order to promote internal corporate communications between its employees. Defendant repeatedly assured its employees, including plaintiff, that all e-mail communications would remain confidential and privileged. Defendant further assured its employees, including plaintiff, that e-mail communications could not be intercepted and used by defendant against its employees as grounds for termination or reprimand.