Essay on "U.S. Court of Appeals for the 8th Circuit"
Essay 3 pages (1062 words) Sources: 5 Style: APA
[EXCERPT] . . . .
Crone v. UPSResponse to Crone v. United Parcel Service
Because DWI has enough employees to make the terms of the Civil Rights Act of 1964 and other anti-discrimination legislation apply to it, DWI's human resources department must remain aware of proscriptions against discrimination. The issue in Crone v. United Parcel Service (UPS) dealt with whether it was gender discrimination for UPS to refuse to promote Crone, one of its employees, to a supervisory position based on UPS's concerns that Crone was overly emotional and could not handle confrontations, due to her propensity to cry. Before looking at the decision the court reached in Crone, it is important to look at how the Equal Employment Opportunity Commission (EEOC) defines sex-based discrimination and sexual harassment. According to the EEOC:
It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals on the basis of sex and that are not job related (Sex-based discrimination, 2009).
Protection against sexual harassment is an important element of preventing sex-based discrimination, and sexual harassment includes "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature co
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Plaintiff-employee Crone sought a dispatcher supervisor position. She asked her immediate supervisor for a recommendation for that position, but her supervisor did not feel that she would be suited to the change and did not make a favorable recommendation. Crone's supervisor was not the ultimate decision maker; however, the ultimate decision-maker followed the supervisor's recommendations and promoted a male to the position. This decision was largely based on Crone's supervisor's statement that he feared that Crone was not suited for a supervisory position, due to the fact that he believed that Crone would cry if confronted by hostile drivers. Crone filed an action alleging sex discrimination, based on two laws: Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. 2000(e)-5, and the Arkansas Civil Rights Act, Ark. Code Ann. 16-123-107(a). Crone's lawsuit did not maintain that her supervisor's comment was direct evidence of sex discrimination, but that it was a pretextual reason given to support UPS's gender discrimination. UPS filed a motion for summary judgment, which the trial court, and the appellate court affirmed the trial court's decision. Both the trial court and appellate court determined that… READ MORE
Quoted Instructions for "U.S. Court of Appeals for the 8th Circuit" Assignment:
We will pay $70.00 for the completion of this order!!
Scenario:
Congratulations! You have just been hired by Diversified Worldwide Industries (DWI), Inc., as the Vice President of Risk Management. DWI is headquartered in West Palm Beach, Florida, and has over 150 offices in 30 countries. DWI is incorporated in the State of Delaware; its ships are flagged by Liberia and the Bahamas.
The Corporation's principal activities are grouped into the following areas:
ENVIRONMENT: Water and water treatment, waste management;
OIL & ENERGY: Exploration, production, transport, refining, wholesale marketing, alternative fuels research;
COMMUNICATIONS: Telecommunications, Internet, audiovisual activities, publishing and multimedia;
LEISURE & RECREATION: Hotels, casinos, cruise ships;
REAL ESTATE: Builds homes and manages properties in active adult, age-restricted communities;
FINANCIAL: Brokerage for capital market investments in Russia, Eastern Europe, China, and emerging markets;
MANUFACTURING: Produces, distributes, markets, exports and imports spirits and wines.
Your duties as the VP for Risk Management will require that you develop knowledge and expertise in all areas of business law, consult with corporate and outside counsel on legal matters, and advise the board as to available options to reduce or minimize the risk and liability of DWI in its ongoing activities
DETAIL AND ASSIGNMENTS:
In a case decided by the U.S. Court of Appeals for the 8th Circuit, Crone v. United Parcel Service, Inc. (UPS), a UPS dispatcher was denied a supervisory position because her boss feared drivers would make her cry. Read the case and discuss the outcome of the case, whether the holdings of this case could lead to unlawful excuses for discrimination in other settings and/or against other classes, and the ethics of incorporating the principles of this case into DWI's EEO policy book and training.
Note: If the above link does not take you to the specific case information, then copy and paste this URL into the address bar of your browser: http://caselaw.lp.findlaw.com/data2/circs/8th/013595p.pdf
Instructor Comments: ////List of possible topics to discuss are: Civil Rights Act, The FSGO and Sarbanes-Oxely Act. Equal Employment Opportunity Commission (EEOC), the 7 min. requirements for the "Ethics and Compliance Programs"=Chapter 8 of course book. "corporate culture,: ////Terms= Ethics Audit, compliance orientation, values orientation, code of conduct, code of ethics, "statement of values", concept of "Leaders"., etc.,.
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How to Reference "U.S. Court of Appeals for the 8th Circuit" Essay in a Bibliography
“U.S. Court of Appeals for the 8th Circuit.” A1-TermPaper.com, 2009, https://www.a1-termpaper.com/topics/essay/crone-ups-response/747353. Accessed 3 Jul 2024.
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