A. Griggs V Duke Power Company- Issue: black employees cried job discrimination under title 7. Circumstances: the company, after the passing of title 7, required employees to have high school diplomas and pass a paper and pen test to qualify for certain jobs. The employees proved that the diploma did not make them perform more successfully. Supreme Court ruling: 8-0 votes that it was job discrimination. The company had 34% white and 12% black; a major implication of the decision is that when human resources management practices eliminate substantial numbers of minorities the burden of the proof is on the employer to show the practice is job related. B. Bakke Decision: issue: a white man named Bakke applied for medical school and was denied two times when he felt he was better qualified them some of the minority group members admitted through a special program. Circumstances: The school was reserving spots for minorities due to the affirmative action program and was more concerned about filling those spots then looking at people on an individual basis. Court ruling: Davis got in trouble because it reserved 16 of the 100 places in each entering medical school class for minorities. C. Weber: issue: A white man name weber brought up this issue dealing with a chemical corporation and steelworkers hiring black men with the plan of: for every white worker admitted to an on the job craft training program at least one black worker had to be admitted until the %’s of minorities and whites were even. He was passed over by a black man with less seniority he sued off of “counting race”. Circumstances: these wishing to be chosen for the program were placed on two lists, by race and individuals were then chosen from those lists on the basis of seniority. Court Ruling: the case was rejected after being heard in both federal district court and federal court of appeals.
8. Discuss the major provisions: A. Pregnancy Discrimination act of 1978- amended title 7, it requires that pregnancy and pregnancy related disabilities be treated like other disabilities. The Supreme Court extended PDA to include spouses of employees. This had a comprehensive health plan that got these people to have temporary disability benefits, and sick leave plans. Employers who offer these benefits much include pregnancy as a covered condition. B. Family and Medical Leave act of 1993- three provisions are covering only a worker who has been employed for at least one year and at least 25 hours a week, prohibits a worker on leave from collecting unemployment or other gov. compensation, and provides that an employee must be returned to his or her old job or an equivalent position upon returning to work. C. Civil rights act of 1991- amended civil rights act of 1964; the purpose was to fix international discrimination and unlawful harassment in workplace. 2} Organize the concepts of business necessity and job related pronounced by the Supreme Court 3] to confirm authority and provide guidelines for the decision of different
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- Fall '19
- Supreme Court of the United States, Equal Employment Opportunity Commission, HARASSMENT