State And Case Law Relationship Essay

2034 words - 8 pages

State and Case Law Relationship Paper•EEOC v. Jillian's of Indianapolis, Inc., Jillian's Entertainment Holdings, Inc. & Jillian's Entertainment Corp., No. IP00-1452-C-B/G (S.D. Ind. Aug. 12, 2004)This case was brought under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on gender (or sex), as well as many other aspects of the employment relationship. It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. The Act prohibits discrimination based on race, color, religion, sex or national origin. Sex includes pregnancy, childbirth, or related medical conditions. It makes it illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions, and privileges of employment. Employment agencies may not discriminate when hiring or referring applicants (LII legal information institute [LII], 2004).In this Title VII class suit, it was alleged that Jillian's of Indianapolis, Inc., a restaurant which is part of a chain that operates restaurants with big screen TVs, video games, billiards, and live music, refused to hire men as food servers. The case states that the restaurant's general manager told male applicants the company did not hire men for server positions. The general manager also said during the EEOC's investigation that its patrons preferred female servers and, therefore, male applicants were only hired for door host, bar, and kitchen positions (The U.S. Equal Employment Opportunity Commission [TUSEEOC], 2004).The case was resolved by a three-year consent decree which is contingent on Jillian's (which has now filed Bankruptcy) obtaining an order from the bankruptcy court approving the use of funds from its employment practices liability insurance policy to pay $350,000 in compensatory damages to the class members and $10,000 in administrative expenses to advertise for and locate class members. Class members are to include male applicants and former and current male employees who were denied server positions at the Indianapolis restaurant in 1999 or were deterred from applying for such positions, and all males employed as servers in 1999 or 2000 who were offered less favorable server shifts, areas, and/or parties than female servers. The amounts of the class member awards are to be determined by the EEOC and can be disputed in a fairness hearing. The decree provides that Jillian's will hire for all positions without regard to sex, and will maintain applicant flow logs and applications at all Jillian's facilities for the duration of the decree. The decree also requires Jillian's to post prominently a non-discrimination notice on the front door its facilities, as well as on an employee bulletin board, for the duration of the decree. In addition, Jillian's must include the statement that "Jillian's is an equal opportunity employer" in its advertisements to recruit or locate employees and attach a statement...

Find Another Essay On State and Case Law Relationship

Religious Influence and State Law Essay

2864 words - 11 pages equals to the people but separate to the Law as it influences everyone. State and law must maintain a healthy relationship between each other. That does not mean that State and religion should go and put forth decisions and laws hand in hand, but in actuality can improve the relationship between each other by keeping a healthy distance between each other. Though the relationship between religion and State is that of a one-sided relationship as

The Relationship Between National Identity and State-building

1750 words - 7 pages a geographic boundary and heterogeneous mixture of people from diverse groups. However, the purpose of this essay is not to define these concepts, but to understand if there is any relationship between people identifying themselves as belonging to one particular nation and whether this identification conduces the development of that nation. For the purpose of this essay, I would like to consider State building in terms of socioeconomic

Employment Law Case Presentation and Analysis

1182 words - 5 pages —why don’t you ‘friend’ her on Facebook and see what information you might find out.” You have heard rumors of a potential romantic relationship between Bill and Paige (Colorado State University-Global Campus, 2014b). Questions: 1) Discuss all legal and ethical issues with which you are faced in this situation. 2) Assume Paige discovered Bill’s suspicions and that she is not stealing from the company. She feels extremely uncomfortable at work

Australian Law and Business - case study

2464 words - 10 pages the Legal position under the Contract Law regarding the above situation and followed by relevant recommendations.Legal position under the Law of ContractFirst, we will look into whether there is a valid contract between Jack and Albert.Jack is a taxi driver and he is stationed at the Toowoomba Railway Station for picking up passenger at the material time. As Jack and Albert do not know each other, and Albert did not make any appointment with

Law Enforcement and Miranda Warnings Case Analysis

1284 words - 5 pages interpreter, but the officer could then speak to the subject without violating his 5th Amendments. Miranda vs Arizona is the land mark case that every Law Enforcement agency in the United States goes by. The Supreme Court of the United States looked at four main cases that had to do with custodial interrogations. In these cases the suspect was shut off from the outside world and questioned by law enforcement. Law enforcement did not make sure that these

The Case of Procedural and Substantive Law

2226 words - 9 pages 1. Define the terms takings as it relates to the environmental law and provide one example of a legally resolved taking case. Answer: Taking is a general term of an act of taking something. In an environmental point of view, the taking is ta process that involves taking something of an environmental assets, such as land, from an individual or organization. However, most cases, it involves government taking private property from owners when that

EEOC: Statute and Case Law Relationships.

1183 words - 5 pages most recent example of a change to the ADEA that deals with benefits. As older workers reach retirement age, employers will have to balance their recruiting incentives to still attract replacement workers, without having a disparate impact on older workers. According to the AARP, recommends employers to review their employment practices lately and ensure that they age-neutral and in compliance with the ADEA and other state and local age

The relationship between human rights and common law

2505 words - 10 pages with contemporary notions of ...human rights if their adoption would fracture the skeleton of principle which gives the body of our law its shape and internal consistency.Brennan J, then went on to state that the ability to distinguish between cases which contain a skeletal principle and those which do not is impossible, however a case cannot be bound to a rule of law where that rule "seriously offends the values of justice and human rights" . A

International Law and its Implication on the Modern State

1507 words - 6 pages , global system of states and non-state actors. They question whether international law hinders and constrains them to pursue their self-interest. In modern times, because of globalism, international law is a fundamental requirement for international relations. In the last 100 years, history has shown us that the absence of such laws can have detrimental consequences on the entire world. The four sources from which international laws are made up from

MGT 434 Employment Law State and Federal Systems

1817 words - 7 pages nursing home and hospital employees. Additionally, with respect to actual overtime wages, where states have enacted overtime laws and employees are subject to both state and federal law, the standard which allows for the higher rate of pay is the one that applies (US-FLSA, 2006).A few more interesting facts that are covered by the Texas Payday Law encompass payday requirements, where the employment relationship has been terminated. If the employee

Discovering The Relationship Between the Law and Your School

912 words - 4 pages Abstract Today schools are changing to integrate the 21st century. Therefore, it is imperative that educational administrators are aware of the legal framework facing the issues in schools. There are many issues the administrators will face and they must know the constitutional rights of individuals and the school. The Constitution contains the laws of the United States. Discovering the Relationship between the Law and Your School There

Similar Essays

Relationship Between Aboriginal Law And State And Commonwealth Law.

900 words - 4 pages decide in a case where aboriginal customary law is involved and is contrasting Australian state law.We can conclude that the relationship of Aboriginal law and state and commonwealth law has improved greatly over time, but there can still be changes made to improve the relationship.Bibliography: Barker and

Statue And Case Law Relationship Essay

2013 words - 8 pages Employment laws are created to protect both the employer and the employee. The employer has to follow specific guidelines when hiring and firing employees. This paper will identify five discrimination cases with a brief summary of each as well as identify the statute or regulation interpreted in the case. Lastly, this paper will examine how the statute and/or regulations have evolved through case interpretation and how the cases influence the

Statute And Case Law Relationship Essay

1030 words - 4 pages This paper provide a brief summary and identify the statute pertaining to race discrimination between Dayton, Police Department and Police Major Barbara Temple.This writer will provide a brief summary and identify the statue pertaining to race discrimination in this law case study. This writer will also explain and examine how the statue is related to this case study. Final this writer will deliver an outcome of the case involving Case #49

Relationship Between Law And Justice Essay

1351 words - 5 pages Law and justice are often misconstrued as being one and the same thing. This however, is a fallacy and even though the two have symbiotic relationship, they cannot be considered as the same thing. A relationship does exist between law and justice and as they are not mutually exclusive and I will try and highlight this relationship in the following paragraphs. In order to understand the nature of the relationship between law and justice, we