This paper will examine the Dukes v. Wal-Mart Stores Inc. case and the appeals thereafter. Plaintiff, Betty Dukes, claimed sexual discrimination against Wal-Mart Stores Inc., the largest company in the world and is the largest private employer in the United States. Dukes claimed she was denied the training needed in order to advance into a higher position as well as wage discrimination based on her sex. The plaintiff desired to also represent approximately 1.6 million past and present female employees of Wal-Mart in a class action suit. In Federal District Court, the case was ruled in favor of the plaintiff and ruled class certification. However, upon appeal by Wal-Mart Stores Inc., the Supreme Court ruled that the case should not be viewed …show more content…
in Pittsburgh, California, a town near San Francisco. Dukes was hired as a part-time cashier by the Wal-Mart store in Pittsburgh in 1994. After great performance reviews, Betty Dukes was soon promoted to a full-time cashier, which included a large merit pay raise. After working for three years at the store, she was promoted to the position of Customer Service Manager. Soon after her promotion, she felt that she had been the victim of sexual discrimination, and she addressed her concerns with the district manager, Chuck Salby. Management retaliated in response to her complaint, including reducing her wages and hours. Additionally she was demoted back to the position of cashier and “encouraged not to seek advancement to management positions for which she was eligible, and she was not notified when managerial positions became available.” The store would not provide any formal job postings for these positions and a male staff member would fill them before any female staff members were given the opportunity to apply. She had been employed by Wal-Mart for seven years and was fifty-four years of age when she filed a suit against her employer. Dukes filed a suit against Wal-Mart Stores Inc. alleging she was a “victim of gender discrimination” and that her employer was in violation of Title VII of the Civil Rights Act of 1964, as well as the Equal Pay Act of 1963. Dukes alleged that Wal-Mart, “routinely …show more content…
However, “There is ample opportunity for the defendant to show that a statistical disparity is actually caused by something other than a discriminatory employment decision.” In response to the plaintiff’s argument, the defendant could prove that the women were less qualified or interested in the managerial positions, through either quantitative or qualitative data. In the United States, Wal-Mart Stores Inc., “employs more than 1.2 million workers.” Seventy-two percent of Wal-Mart’s employees are females, but when Duke’s claim was filed in 2001, “only one-third of Wal-Mart’s managers were women.” Dukes claims, however, that this figure does not accurately show the reality of Wal-Mart’s discrimination regarding promotions, because many of the female managers hold the lowest level managerial positions available. While women make up seventy-two percent of all employees, only ten percent of all store managers are
Case Name: Williamson v. City of Houston Citation: 148 F. 3d 462 Date Decided: 1998 Facts: A female police officer, Williamson, sued the City of Houston under Title VII of the Civil Rights Act of 1964 in which she alleged she was subjected to sexual harassment, and thereafter retaliation for reporting the harassing behavior. The female officer further alleged the behavior created a hostile work environment. Williamson maintains she was subjected to sexual harassment in the form of sexually explicit comments and behavior after transferring into the division. The individual engaging in the offensive behavior was her male partner, Officer Doug McLeod. Williamson stated the behavior continued for eighteen months and was comprised of unwelcomed physical contact and humiliating comments about her body and her appearance.
The discrimination of minorities in Walmart companies has been stated in both articles. Olsson’s stance is that Walmart discriminates against women causing women be paid lower in the same field as men. Olsson states
For the most part the opinion of the court in the Griggs case; held that the burden of establishing an employment requirement’s relationship to the performance of a job lies on the employer (Justia Law, 2017). Also, before Griggs, the employees or applicant had the burden of establishing a discriminatory intent behind an employment requirement (Justia Law, 2017). The Court concluded that the subtle, illegal, purpose of these requirements was a safeguard Duke’s long-standing policy to give job preference to its white employees (Justia Law,
The Supreme Court ruled that the company’s employment requirements did not appertain to applicants’ ability to perform their job duties, and was also discriminatory towards African-American employees. I believe this
On July, 1, 1776 236 years ago, the second continental congress met in Philadelphia, and on the following day 12 of 13 colonies voted in favor of Richard Henry Lee’s motion for independence. “Congress picked a committee to write a declaration explaining why the colonies wanted independence,” and that is how all men are created equal is about to be brought up. Issues in the past with all people being treated equally, has been a big thing with women’s rights, in the past decades women in terms of employment has been gradually getting better, in 2014 women have almost all the same rights as men. Even though most women could work Ruth Pearson pointed out, “As individuals workers experienced both the liberating and the “empowering”
The 1930s brought the biggest economic disaster in United States history. The Great Depression left many unemployed and when President Hoover failed to please the people, they elected Franklin D. Roosevelt who had promised them a “New Deal”. Franklin D. Roosevelt’s New Deal allowed many white males to find work and his administration helped the United States pull through the Great Depression. However, the exclusion of women and African Americans in his policies and the suspicion of work toward a communist nation hindered the actual impact of his programs. Therefore, the responsive actions that FDR took did not impact the United States in the way it may be perceived and true progress was obstructed by prejudice and fear.
As it is stated in the verdict of the baby M case, "there are, in a civilized country, things that money cannot buy." Many precedents in the US have already shown to us that, one cannot purchase another's life, death, certain rights, or in this case, reproduction capacity. That the action is voluntary or not cannot justify, or vindicate the morality of this conduct. In the case of West Coast Hotel Co. v. Parrish, Parrish accused the company of paying less to women than men for the same job.
With the many cases that transpired over the years Black women have been discriminated against time after time. One for example “DeGraffenreid v General Motors”, per text states that “five black women brought suit against General Motors, alleging that the employer’s seniority system perpetuated the effects of
WALMART STORES, INC. N.Y. App. Div., 1995 621 N.Y.S.2d 158 The judges in this case—both majority and dissenting—are engaging in what is called statutory construction; they are determining the outcome of the case by trying to understand the meaning of the law passed by New York’s legislature. Note the differences between them. One gives the statute a “broad” reading, the other gives it a “narrow” one.
“Well, Well, How the Tables Have Turned” Rarely does a disadvantage morph into an advantage, but when the unusual transformation occurs, one skyrockets from the depths of adversity to the summit of opportunity. In order to be among the lucky few positively affected by such a drastic reformation, certain uncontrollable factors, such as being born in the right era, must align. Being born in the right time not only grants one certain opportunities, but it can also reward those who seize the opportunities presented. However, in order for a detriment to transform into a benefit, one must first recognize and work to overcome the hindrance, or in Ruth Bader Ginsburg’s case, her three disadvantages. In 1959, even after graduating from Columbia Law at the top of her class, Ruth Bader Ginsburg couldn’t get a job because of certain
This case was about a Muslim girl (Samantha Elauf) trying to get a job at Abercrombie and Fitch. She wore a hijab to her interview like every other day. The look policy for Abercrombie bans caps and black clothes. She was not accepted to work in Abercrombie since she wore a hijab to her interview which lowered her scored. Abercrombie never asked if her headscarf was to practice her religion, but neither did Elauf mention it was for religious reasons.
Equal Opportunity Employment and HRM How would information about Savannah’s labor market be important in considering whether or not Atlantic Shrimp is in compliance with the Civil Rights Act of 1964? Discuss relevant data you find associated with Savannah’s demographics Economic landscapes and demographic trends have an impact on business practices and the state laws that govern them. The prevailing labor in Georgia will dictate how employers select their employees alongside other factors, such as the business stakeholders, the business policies, and the community in which the business operates within (Ashenfelter & Lee, 2017). According to research done by private welfare organization Urban Institute, Georgia faces serious challenges with
The women of the 20th century, often struggled with beauty and fashion restricting their clothing options. Women were thought to be weak and a symbol of being delicate and fragile. In the 50’s, women were simply expected to get married to a wealthy man, stay at home, and raise children while her husband worked to provide for the family. During world war II, the role of women changed drastically. Since men were off fighting for the country, women stepped into their roles as factory workers.
Wage Wars Protecting our basic civil rights in the United States is a recognizable value that all citizens want to obey or carry out. Civil rights are rooted on the idea of any citizen not receiving equal or fair treatment compared to the people around them. Although this is true, a major issue in today’s society that I have discovered revolves around the difference in gender equality and the gender wage gap in the workforce. Some people believe that females are not as capable as males causing a flux in the wages paid for the same job, however this is a stereotype that needs to be exterminated.
According to Seaman (2012), “a virtual workplace is one that is not located in one physical space; rather several workplaces are technologically connected (via telephones, email, and internet) without regard to time zones or geographic boundaries.” There is a wide misconception that gender equality will be answered through telecommuting. “Telecommuting is described as the use of computer and communication technology to transport work to the worker as a substitute for physical transportation of the worker to the location of the work. “(Olson, 2012). Gender equality means that women and men have equal conditions for realizing their full human rights and for contributing to, and benefit from, economic, social, cultural and political development