Understanding the Court System
This was a Civil Case between Wal-Mart v. Betty Dukes et al. accusing the stores of discrimination on the basis of gender (Wal-Mart Stores, Inc. v. Betty Dukes (10-277), 2011). Betty Dukes was the plaintiff in this case, together with other women filed for class action for the violation of their civil rights. The lawsuit involved a class of over 1 million women who were Wal-Mart employees after December 1998. Betty Dukes, 54-year-old Wal-Mart worker claimed sexual discrimination based on the claim that in spite of working at the store for six years and with positive reviews on her performance, she was denied the necessary training required to advance to a position of higher salary (Toobin, 2011). The court held
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As long as torts are committed in the line of duty then the employer is liable to some extend on the employees actions. Betty Duke’s malicious and criminal torts are within the category of respondent superior in law despite the fact that Wal-Mart could not have authorized the commission of the said acts (Toobin, 2011). This doctrine therefore makes Wal-Mart totally accountable for their employee’s acts. Wal-Mart is thus liable for any acts committed by the Betty Dukes and in a small way had control over her. This was somewhat associated with the Wal-Mart’s risk of conducting …show more content…
Betty Duke’s case was heard at a Federal Court System. The first judgment was made at the federal district court in June 2004 in California and after judge Martin Jenkins’ ruling was in favor of class certification, Wal-Mart made an appeal and the case was heard at the Court of Appeals in February 2007 by a panel of three judges who affirmed the class certification of the district court. This prompted Wal-Mart to appeal to the United States Supreme Court, which ruled in favor of Wal-Mart. It was necessary for the case to be heard in this particular system because the irregularity of the circumstances of the plaintiff required looking through the case to the merit needs an insurmountable amount of discovery that can only be facilitated by the Federal Court System (Toobin, 2011). There was an actual dispute between Betty Dukes and Wal-Mart and since there was an actual controversy, Betty Dukes had a legal standing to ask the federal court for a decision. This case presented a civil category of dispute that the laws on employment were designed to address and Betty Duke’s complaint was one that the court had the power to remedy. Wal-Mart the defendant in this case made a requisition of the individual employees to make personal suits against the company as the class was so big and was difficult to manage as regards to the legal costs incurred. A class action is a legal exception and should thus be justified by the representative of the class should be included
1. Case Cite: [Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011)] 2. Facts: In Nafta Traders, an employee sued her employer for sex discrimination in violation of state law. The dispute was sent to arbitration, where the employee prevailed. The employer demanded the award in court, disputing that it has damages that were either not allowed or for which there was no evidence.
The Ms. Silvera v. Olympia Jewelry Corporation case is an employment law case. Michelle Silvera was not treated right by her boss, Morris Olympia. Her working environment was not safe due Morris's inappropriate comments and sexual assaults. Under the Human Rights Code, everyone had the right to a safe working environment. It states that the employer should provide a safe environment for his/her workers, which clearly Morris did not do.
Name of the Case: Williamson v. City of Houston, Texas 2. Citation: 148 F.3d 462 3. Date Decided: July 22, 1998. 4. Facts: Linda Williamson began working as a police officer in the Houston Police Department “HPD" in 1983.
The plaintiff should be able to defend themselves if these hearings are provided. The cases mentioned relate to one another in that all of the plaintiffs were found to be untenured, with the exception of Preston Barbee in the case of Barbee v. Union City of Bd. of Ed. (2014). Also with the exception of Barbee, the decisions made by the court were justified in that none of the plaintiff’s rights were breached in any way. The employers of these plaintiffs were not subject to rehire them for the following school year.
Plaintiff, Martin Lewis, brought action against defendants, Heartland Food Corporation, Burger King Corporation (BKC), and its franchisor, Burger King No. 1250 in circuit court, seeking compensatory and punitive damages arising from the theft of his iPhone. BKC filed a motion to strike plaintiffs prayer for punitive damages, which was granted by the trial court. The trial court also entered an order dismissing Burger King No. 1250 as a defendant. BKC, and Heartland Food Corporation each filed a motion to dismiss pursuant to section 2–615 of the Code, and the trial court granted both motions to dismiss. The circuit cook, Cook County, dismissed action, and plaintiff appealed.
The United States Supreme Court played significant role in deciding cases regarding property rights. Originally there were many misunderstandings between companies and individuals, corporate and private interests, Native Americans and U.S. laws. These misunderstandings created tensions between different parties and had to be resolved by the Supreme Court. There are many cases that deal with contracts, due process clause, or takings clause and different interests that were at stake; the four cases to review in detail are Johnson v. McIntosh (1823), University of North Carolina v. Foy (1805), Taylor v porter and Ford (1843), and Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge (1837). Johnson v. McIntosh (21 U.S. 543
v. NLRB, Case Nos. 01-3606 and 01-3987 (7th Cir. Aug. 1, 2003), which has similar relating facts to Drake and Keeler’s, it provided some guidance on understanding protected and unprotected strikes. In the case of Trompler, Inc v. NLRB, the employer was held liable for back pay and reinstatement for terminating six employees who walked off the job in response to unanswered complaints regarding the higher level supervisor (“When May Nonunion”, 2003). Even though both Drake and Keeler made a complaint to their supervisor about the work conditions, they did not necessarily have to provide a complaint.
In the article Up Against Wal-Mart, Karen Olsson exposes the largest retailer in the world by listing many of the retailer’s flaws such as worker mistreatment and discrimination. Throughout the article, Olsson uses anecdotes from employees that have worked at the company and statistics to support her arguments. Ultimately Olsson’s piece serves to harshly criticize Wal-Mart due to low pay wages, unpaid overtime, and gender inequality. From the start, Olsson relies on actual employee interviews to support her arguments against Wal-Mart. By introducing Jennifer McLaughlin, a young woman who has been working for Wal-Mart for three years but makes under $17,000 a year, the author builds tension between the worker and the company.
Jurgis burns his hand while working at the steel mill, because he is a child, he’s not familiar with all the labor laws. There was a significant gap between laws on the record in corporate America and job enforcement. Technically speaking Jurgis as permitted to receive some help from the corporate company to compensate for his wounds. Unfortunately, Jurgis was not aware that he could complain about his wounds resulting in some sort of payout or compensation. This revolves around power inequalities, the people who are poor and can’t afford an education aren’t well informed about the laws.
In the case of Harris v. Forklift Systems, the plaintiff, Teresa Harris, brought a Title VII action against her former employer, Forklift Systems, Inc., an equipment rental company. She claims that Forklift Systems had created a sexually hostile work environment. Harris had worked for Forklift as a manager from April 1985 to October 1987. A Judge heard the case and found that during the period of Harris’ employment, Forklift’s President, Charles Hardly, subjected Harris to numerous offensive remarks and unwanted sexual innuendos heard the case. Specifically, the court found that Hardy had, on a number of occasions, asked plaintiff and other female employees to retrieve coins from his front pants pocket, also asked them to retrieve objects that he had thrown on the ground in front of them and commented, using sexual
The women which is worked at Woolworth 's went on strike because their wages were to low, they also wanted their union recognized, and they also wanted their union recognized, and they wanted benefits as lunch, free uniform for work,
McMillian recorded a common claim against state and neighborhood authorities, which went the distance to the U.S. Supreme Court. The U.S. Supreme Court ruled against McMillian, holding that an area sheriff couldn 't be sued for cash harms. Along these lines, McMillian settled with different authorities for an undisclosed sum. McMillian 's case served as a catalyst for Alabama 's pay statute, which was
The court determined that the plaintiff did not show enough direct or circumstantial evidence to survive a motion of summary judgment on her reverse discrimination claims, which in turn are based on the analysis used in Title VII cases. The court finds that the plaintiff’s claim of race discrimination under the Elliot- Larson Act must fail as well. The plaintiff failed to provide evidence that showed the court any act of illegal discrimination. The plaintiff used the universities affirmative action plan in her favor. The university agreed that their action plan does state the support of minorities, it had no barring on the plaintiffs outcome of the position she applied for.
Why 2nd Amendment Is So Popular Background Information The second amendment is probably the most controversial amendment in the Bill of Rights. The second amendment is stated in the Bill of Rights as, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"(“Second Amendment”) This could mean that you have the right to possess a small gun for self-defence purposes only, but the real meaning is a very controversial argument. Focusing on this amendment is important because it is a very disputed amendment still debated today.
4 Bias Examples Against Wal-Mart Blaming Wal-Mart for the downing of Rubbermaid. According to the documentary, Rubbermaid was forced out of business and sold to Newell due to Wal-Mart not accepting their price hike caused by the raw materials. By researching a bit more about what exactly went wrong with Rubbermaid, it entails that Rubbermaid had polished a prettier picture than what was really there. According to two different articles, How Rubbermaid Managed to Fail From Most Admired To Just Acquired and Case Example: Newell and Rubbermaid Corporation, Rubbermaid was not covering the basics of manufacturing and marketing.