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Unlawful Discrimination II - Assignment Example

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Summary
Unfairness of any manner at work place is illegal and punishable by the law. Where the employee feels that he or she is being mistreated or treated unfairly, it is his or her duty…
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Unlawful Discrimination II
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Unlawful discrimination II Case Overview The statutes offer protection to individuals against any form of inequality at the working place. Unfairness of any manner at work place is illegal and punishable by the law. Where the employee feels that he or she is being mistreated or treated unfairly, it is his or her duty to report the matter to the authority and seek for justice (Beiner, 2004).. Also, he or she is charged with a responsibility of giving evidence to the court to declare the injustice of his or her employer. For example, in the case of Mrs. Lauren Hill, she was ill treated by her employer (Hillbrook Manufacturing Company Ltd) because she was not remunerated on equal employment terms with her male counterparts in the same kind of job. Mrs. Lauren had worked for Hillbrook Manufacturing Company limited for more than ten years. However, during her tenure for work, she was being paid less than her male counterparts due to under assessment which was being conducted by her immediate supervisors. She decided to file a case against her employer based on gender inequality. The statutes prohibit any unfairness by the employer to the employees hence Mrs. Lauren was acting according to the law.
Legal Statutes
The United States judicial system recognizes any form of partiality at the working environment. The employer in this case was being undermined and underpaid compared to her male counterparts. This is against “Equal pay Act” of United States which requires all employers to remunerate their employees equally irrespective of their gender. Also, this was characterized by inequality hence it was against Equal Employment Opportunity Act (Beiner, 2004). This act requires all workers to be treated the same way irrespective of their social, political, race or even religious background. Therefore, biasness portrayed by the employer in this case was tantamount to breach of law.
Issues to Be Addressed By the Court
When dealing with the matter of biasness in the working place, judges should first establish the truth about the alleged inequity. They have to prove that the wronged person was indeed being underpaid and under evaluated compared to other male workers. Therefore, Mrs. Lauren should provide enough evidence to affirm that she was being underpaid, and that this was due to her gender. However, it is the employee’s responsibility to notify the court and provide evidence for the allegations against the employer (Beiner, 2004). The claim must support that the employees was not given equal chances and opportunities like her male counterparts.
Personal Judgment
The role of judge is providing justice to the wronged person. Therefore, as a judge, first investigate the allegation of the inequality at working place and establish the truth. If the employer is found guilty of unequal treatment of the workers, first the employer should refund the employee all the remunerations which she should have earned during that period. Also, she should be compensated by the employer for showing partiality to his or her employees. I believe the employer treated Mrs. Lauren unfairly because he did not pay her equally like other workers. This was gender biasness since the male employees were paid higher than her. Equal Employment Opportunity Commission requires equal treatment for all employees at their working place without any partiality (Beiner, 2004). Also, equal payment act requires all employees to be given equal remuneration. This judgment is therefore in line with the legal requirement against unfair treatment by the employers.
Reference
Beiner,T.M., (2004). Gender Myths v. Working Realities: Using Social Science to Reformulate Sexual Harassment Law. New York University Press, New York Read More
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