Introduction This case study of Vehar v. Cole National Group is a case where the plaintiff, Wendy Vehar, accused Cole National Group of sex discrimination claiming that as a female she was not being the same wage as a male for performing the same duties. Additionally this study will determine if the plaintiff established a valid prima facie as well as if there was a basis for equal work. Next, what factors did the appeals court base its decision and why is the other-than-sex factor that is presented by the employer insufficient to avoid a trial? Finally, what should the employer have done differently to ensure this type of situation did not occur in their business? Legal Issues Presented & Was a Valid Prima Facie Case Established In this case, Vehar v. …show more content…
In this particular case, the organizational culture at Cole National Group was poor causing internal issue, which eventually blended over and caused poor exterior culture through this court case. One of the first things I noted was the lack of communication between management and the employees where policy and procedure for advancement and pay were concerned. Additionally if a Cole National Group is going to do performance reports, they should be part of the deciding factor in advancement, promotions, extra training, company benefits, and pay increases. Finally rewarding individuals for poor or average performance with pay raises and promotions sets a poor standard for the company and eventually will lead to losing knowledge workers and eventually customers. Cole needed to hold Leipold and Crosley to a higher standard of work as they did Vehar making the playing field fair and allowing a person to be promoted or given a raise based on merit, and ability rather than
Driver of vehicle 1, Renneker stated she picked up four customers for a carriage ride before traveling southbound on South Leonor K Sullivan Boulevard. Renneker said she observed the bridle over the horse eyes fall off; at which, she stopped and exited the carriage to reapply them. Renneker said she advised the passnegers to exit the carriage while she was reapply the bridle. Renneker said as she was reappling the bridle a helicopter took off from the landing paid and she believed it spooked the hourse. Renneker said the house took off running southbound on South Leonor K Sullivan.
Id. at 8. However, the Court held that it was a genuine issue of material fact. Id. Tripling her commute was a question for the jury. Therefore summary judgment for the defendant was denied. Id. at 10.
The Title VII’s disparate-impact provision inhibits employment practices that have the unintentional effect of race discrimination (Walsh, 2016, p.114). Even though Congress enacted Title VII for the main purpose of confronting racial discrimination in the workplace, courts have continued to struggle to appropriately address the prevalence of subtle racial discrimination that burdens minority applicants/employees today (Ritenhouse, 2013). Another legal issue included in this case is North Hudson refusing to implement non-discriminatory hiring procedures that do not disproportionately exclude African-Americans from employment without evidence of business need. The employer also refused to correct the effects of previous discriminatory practices. As an end result of this case, the District Court held that the employer’s business-necessity justification was insufficient and that there were alternative means to achieve the goals stated that were less
In this case, a divided married couple Charles and Tracey Thurman experienced a vicious split-up. Documents report, the first time Tracey had contact with the Torrington Police Department (TPD) (October 1982) was after her husband became violent towards Charles Thurman, Jr (son) out of the residence. Sadly, officers from the TPD refused to take Tracey's complaint resulting in the escalation of Charles violent behavior. As the violence escalated on November 09, 1982 while Tracey was sitting in her vehicle Charles approached, and started yelling threats and untimely resulting in him smashing her windshield. This was all witnessed by TPD Officer Neil Gemelli as he stood on the street watching Charles activities.
MILLERSBURG — A Wooster man on Wednesday was given a chance to avoid prison when he was sentenced to complete a treatment program for admittedly being in possession of methamphetamine. Shaun Hall, 38, 540 High St., previously pleaded guilty in Holmes County Common Pleas Court to aggravated possession of meth. In exchange for his guilty plea, a related charge of aggravated trafficking in meth was dismissed. Hall had faced up to a year in prison for the charge, and Judge Robert Rinfret imposed a term of 11 months, but immediately suspended the period of incarceration in favor of five years of community control, which includes the condition he complete a treatment program at the Stark Regional Community Corrections Center.
Adnan's case brings to light many of the flaws present in our current legal system such as how a decision may not
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Regardless of the woman’s credentials, the interviewer may already have a predetermined decision based solely on gender. With this act, interviewers were forced to look at the women’s
More specifically the Supreme Court stated that the company failed to do a job analysis for the validation, and the performance criterion utilized was questionable (Warren, 1976). These practices caused African American employees to be discriminated against and caused an adverse impact by keeping them fixed in the lower paying positions (Albemarle Paper Co. v. Moody, 1975). I agree with the courts decision because adverse impact occurred because the company failed to appropriately defend its procedures and consider alternative selection methods. As a result, an imbalance in employment decisions and a differing treatment against nonwhites occured. Therefore, they are legally responsible for systematic discrimination against employees.
Do you think it is fair for a person to get paid less than someone else simply because of their gender? It is unjust and unfortunately it happens right here in our country. In the United States, women are oppressed every day by receiving a lower wage than men. This is known as the wage gap. They have been mistreated this way for a long enough time already.
2. You are a new principal and are setting up interviews for a vacant position at your school. You will have an interview team comprised of 3 teachers, a parent and a board/ LSC member. You want to be sure they understand what questions can be asked of prospective employees and what is prohibited from being asked. You are working on the guidelines you will go through with the team regarding appropriate and inappropriate questions.
In the text, the unfair and unjust treatment of women in the workplace are revealed to full
According to the court and their findings, gender discrimination did not really exist. They felt that it did not exist because the package was less than all-inclusive for women overall. It was discovered also by the Supreme Court that no evidence was found excluding disability benefits for pregnancy that led to the female employees having a plan of lesser value when compared to male employees of the employer. Justice Brennan argued that the disability plan did have a conflict with the purposes of the Title VIII and the court should adhere to a guideline that is established by the Equal Employment Opportunity Commission. He felt as if the EEO should offer more protection against sex discrimination than the Title VII did all together.
The three tiers of scrutiny in equal protection cases have its pros and cons. First, the tiers of scrutiny aid the Courts in the decision making process that are used to as guidelines for consistency in “complex task of adjudication or lawmaking” or to “facilitate adjudication by providing off-the-rack decision rules” . (Stearns; Huq 577). Additionally, due to the establishments of stable and predictable definitions, the three tiered of scrutiny provide financial advantages by decreasing decision costs as well as expedite legal proceedings (Huq 577). On the other hand, a disadvantage of applying the tier of scrutiny is the method of application, the Courts approaches are inconsistent, thereby the results are also inconsistent (Stearns).
In the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also