Professional Custom Accounting Papers: Employment Discrimination Cases
Employment Discrimination Cases
Many court cases on employment discrimination have shaped, created, and changed the employment landscape. Some protect employees from discrimination, and many protect employers from liability. Settlements and trial court cases do not create legal precedent or changes in the law. However, appeals court cases, and especially the U.S. Supreme Court Cases, do change, shape, and create new law, when statutes are interpreted in binding ways. Pick ONE case from the following list. Read the case. Answer each of the FOUR questions following the list of cases and place them in your Project Part II. Be sure to identify WHICH of the cases you selected.
List of U.S. Supreme Court Cases:
University of Texas Southwestern Medical Center v. Nassar. http://www.supremecourt.gov/opinions/12pdf/12-484_o759.pdf (Links to an external site.)Links to an external site.
Phillips v. Martin Marietta Corp. 400 U.S. 542 (1971). http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=400&invol=542 (Links to an external site.)Links to an external site.
Espinoza v Farah Mfg. Co, 414 U.S. 86 (1973) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=414&invol=86 (Links to an external site.)Links to an external site.
Oncale v. Sundowner Offshore Services, 83 F. 3d 118 http://www.law.cornell.edu/supct/html/96-568.ZO.html (Links to an external site.)Links to an external site.
Questions for answering.
1. Explain briefly, the statute(s) (law or act) which was in question in your case, the facts of the case, and why the parties were in court. What was each party asking the court to do?
2. What did the court decide in your case and what will be the results of that decision? (i.e. who won, and was the win final or did the court send the case back to the lower court system to re-decide an issue?)
3. In what way did this case create, change, or shape the employment landscape for employers as a result of the decision made? Did this change help employers or employees the most? Explain.
4. Do you agree with the decision in the case you referenced? In other words, do you think that employment law was made better and stronger, or weaker and less effective as a result of this case? Write at least one full paragraph that supports your opinion.