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Sex Discrimination Case Summary

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1. What was the legal issue in this case? What did the court decide? This case is based on a sex discrimination claim established by the Equal Opportunity Commission (EEOC) against Dial Corporation under Title VII of the Civil Rights Act of 1964. EEOC represents a group of women who applied for work in Dial Corporation, but they were not hired after the test called Work Tolerance Screen (WTS). The legal issue in this case is based on determining whether Dial Corporation can prove that the use of (WTS) is justified and if they could show a link with their business need, or the content or validity criterion. The court ruled against Dial Corporation, and concluded that the utilization of the Tolerance Work Screen test (as a pre-employment …show more content…

What is the evidence that use of the strength test disadvantaged women? The work consists of sausage packing, where the employee has to carry up to daily 18,000 pounds of sausage and walk up to four miles in the process. This work also requires carry up boxes of 35 pounds at a time and lifts and loads at a height between 30 to 60 inches off the ground. It was established in court that men and women have performed this work equally for years, that women had been no more likely than men to be injured prior to the utilization of the test, the test was more difficult than what the actually work required, and that the overall reduction in injuries was probably related to other security initiatives started in 1996 by Dial Corp. Moreover, the EEOC 's fourth-fifths rule indicates that "if the selection rate, which is the percentage of applicants who pass the test and are hired for one race, sex, or other protected class group is less than 80% of the selection rate for the protected class group that was more successful at passing the test, this is evidence of discrimination effects." (p.184) In this case it was demonstrated that 46% of new hires employees were women three years before the test and subsequently that the WST was introduced the percentage dropped to 15%, and by 2002 the rate continued to drop to 8%. The overall percentage of men who passed the test it was 97%, however the women who passed the test were

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In the Ricci v. DeStefano case, Ricci a white male filed a disparate impact lawsuit under the Title VII. Ricci past the test that was given to be promoted within the fire department. Ricci was one of many (white) candidates to passed the test. The testing service hired to administer the test discarded all test because many minorities did not pass. Dothard case would fall under the disparate impact provision because unless the weight testing requirements are revised to be fair to all regardless of gender, more men will continue to outperform women.

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470 Words | 2 Pages

In the case of Gallina v. Mintz Levin, Gallina male co-workers were made discriminatory comments after finding out that she had a young child (Walsh, 2013). Gallina spoke with others in the firm and partners in another office firm (Walsh, 2013). The partners that shared the offices with Gallina were upset to hear that she had seeked others thoughts and opinions on the matter at hand (Walsh, 2013). Gallina was eventually terminated based terminated based upon the evaluations that were negative from the partners in her office, even though the other partner outside firm had given her great evaluations (Walsh, 2013). Gallina falls under a protected class through the Title VII, Civil Rights Act.

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606 Words | 3 Pages

Mr. Zimpfer also retained a legal counselor Ms. Lynn Szymoniak in his defense of these allegations. Ms. Szymoniak retained the services of a industrial psychologist name Dr. Marcy to examine the resumes of the other job applicants. The staff’s objective was to shed light on whether Mr. Zimpfer was more qualified for the position than Mr. Merriman. Yes, accordingly to legal definition of discrimination and the stature of the EEOC age was a unfair disadvantageous to Mr. Zimpfer.

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592 Words | 3 Pages

This was specifically any women working in a type of laundry facility or any type of factory. This law was passed back in Oregon in 1903. Muller made

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433 Words | 2 Pages

Illinois case demonstrated injustice and helped to reinforce sexual discrimination in the United States. The courts justified not giving Bradwell a license by citing the hegemonic ideology that women were naturally inferior to men. For instance, the court stated that women had “timidity and delicacy which belongs to the female sex” (20). The court case helped to reinforce the dominant ideologies against women as it helped to contribute to gender formation. One component of gender formation is structure, such as laws, which is apparent in Bradwell’s case as the courts cited laws that prohibited women from taking certain jobs and the Supreme Court’s decision ruled these laws as constitutional.

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1290 Words | 6 Pages

The Court should use the “reasonably likely to deter” standard because it is consistent with the language and intent of the statute and that is the standard used by the EEOC. The language in the retaliation section of the statute is different than the language in the discrimination section, indicating that Congress intended for different standards to govern determinations regarding each section.  If the Court uses too high a standard, then employees will not have the ability to make valid retaliation claims. 

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985 Words | 4 Pages

Sears, Roebuck & Co was a case brought before a district court, in 1979, in which EEOC claimed Sears discriminated against women on two levels. Women were not being hired on the same basis as males and they were also not being promoted to commission sales on the same basis. EEOC to prove its case used statistical data to show that there were a disproportionate number of women in commission sale roles. This was problematic since EEOC solely relied on this statistical data; they were unable to get women to testify that they have been discriminated against. Women did not testify in court because they were afraid of going against a powerful company such as Sears.

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2125 Words | 9 Pages

We must remember that the focus of the court is to establish which party is the main beneficiary of the work provided by students. 3. What two tests of employment status were proposed by the parties to this litigation? What test did the court choose? The tests proposed by the parties in the litigation were: the primary benefit test and the application of a six-factor test created by the Wage & Hour Division (WHD) to distinguish between employees and trainees.

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240 Words | 1 Pages

There were also occasions where women listed in the same category as men received

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716 Words | 3 Pages

Her pay was equal to a man’s when she started working for Goodyear in 1979. When she reached retirement age pay had never reached that of the men who started working the same time she did at the Alabama plant. She brought suit against Goodyear for sexual discrimination in 1998. The case traveled up the Judicial Court System and was brought before the Supreme Court in 2007. On May 29, 2007 the court ruled in her favor.

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1622 Words | 7 Pages

Throughout history discrimination has had a negative impact on people and has cause certain groups of people to suffer. Discrimination can be against people of different race, religion, gender and sexuality and in the late 1800’s women were one of the groups that were discriminated. Women had to fight hard to obtain the rights they now have in the 21st century and many of the women who fought for equal rights didn’t get to experience those rights since laws in their favor weren’t passed until years and years of fighting. In the late 1800’s American women were discriminated because they were not granted the same rights as men in the workforce, women had to be obedient to their husbands in their marriage and society had certain norms that women

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536 Words | 3 Pages

The beginning of Chapter 11 was about whether or not women think differently about ethics. Old ideas by Aristotle stressed that, "...women are not as rational as men, and so they are naturally ruled by men. " This type of reasoning "...has traditionally been used to justify discrimination against women. " During the 1960s and the 1970s, there were women's movement that denied that men and women differ psychologically. Additionally, in modern society, "...most feminists believe that women do think differently than men.

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811 Words | 4 Pages

Gender Discrimination based on gender is where people are stopped from doing activities because of their gender. Gender discrimination is mainly towards women. In some countries, such as Saudi Arabia, women are not allowed to drive and can not get education. In many countries women earn less than men for doing the same job. Recently a women earns 79 cents for every dollar a man earns.

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907 Words | 4 Pages

The Risk of Choice Though we may not agree on wither or not transgender individuals should be able to choose what restroom they use, we can agree that there is at least one big issue that comes to play when allowing the transgender community to choose their preferred bathroom: sexual harassment. Many activists have urged that transgender people should be able to go to which ever bathroom they feel more comfortable in; now although it sounds like a nice idea, it doesn’t work because there are people out there who do stupid things for their own gain; allowing this bathroom policy to pass would only make it easier for sexual predators to harass and abuse the public. One of the many examples of sexual predators using these bathroom rights for

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1861 Words | 8 Pages

Gender oppression is a form of gender discrimination that is still thriving in our community. Incontrovertibly, it, however, transcends beyond masculinity or femininity. Since it does not act in disconnect, Gender oppression interconnects with discriminations which are based citizenship status, faith race, sexual orientation inter alia. Although tremendous strides have been realized towards the eradication of the vice in our community, it is nevertheless neatly interwoven into the very fabric of our society. This article will nonetheless delve into the very nature of the iniquitous deeds in our community exploring the extent the processes of securing and obtaining paid engagement as an employee, the expectations and status of jobs, assignments,

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