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Wal Mart Vs Women Equal Opportunity Employment

1079 words - 4 pages

I am a firm believer that no one is perfect. That goes especially for employers who have a large number of responsibilities. As Daniels stated in her article in Fortune Magazine, Wal-Mart is "the nations' biggest company and largest private employer." Considering that fact, it is no wonder they are sued over 6,000 times per year. The case of Women vs. Wal-Mart has the potential to become the largest discrimination case ever. Throughout this paper, I will discuss which legal statutes gave the Equal Employment Opportunity Commission (EEOC) jurisdiction to prosecute this case, what I think would be a fair settlement in a case like this, and what I base my judgment on. I will also discuss how I feel organizations can pre-empt this type of case.First, I will discuss what statutes gave the EEOC jurisdiction to prosecute this case. There are several statutes giving the EEOC jurisdiction over this case. The first is Title VII of the Civil Rights Act of 1964. This statute "prohibits employment discrimination based on color, religion, sex, or national origin." This statute gives jurisdiction to the EEOC by virtue of the fact that the suit was filed on the basis that female employees are paid less than male employees for the same jobs, are passed over for promotions, and retaliated against when they complain. This type of discrimination based on sex is in direct violation of Title VII of the Civil Rights Act of 1964. Of course, Title VII is a sort of "catch all" for any discriminatory acts or cases. To be a bit more specific, I will discuss a more thorough statute, the Equal Pay Act of 1963.The Equal Pay Act of 1963 specifically prohibits discrimination on "the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions." This statute gives jurisdiction over this case to the EEOC because the grounds for the initial complaint in this case was when a female assistant manager found a male assistant manager's W-2 and learned that she was paid $10,000 per year less than the male employee. Upon protest, the female was told that the difference in pay was because the male "had a wife and kids to support." That statement provides legitimate grounds for an employee to file a complaint with the EEOC. This also gives ground to the statutes covered under the Civil Rights Act of 1991.The Civil Rights Act of 1991 was established to amend the Civil Rights Act of 1964 and to "strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes." This statute helps establish appropriate remedies for intentional discrimination and confirms statutory authority. It also provides statutory guidelines in all court cases filed under title VII of the Civil Rights Act of 1964 and expands on the scope of relevant civil rights...

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