Employment Discrimination- Gender

Case Law and Discrimination Purviews

Anti-Discrimination Laws were enacted to "promote fairness, equality, and opportunity within the workplace (Bennett, Alexander, Hartman, 2003 p. 5)". More specifically, these federal employment laws prohibit employment practices that discriminate on the basis of age, race, color, gender, national origin, religion, and disability. The same laws also prohibit employers from retaliating against those individuals who file claims of discrimination.

There are several civil rights statutes that employers must become familiar with and incorporate into their daily business and employment practices. These statutes would include Age Discrimination Act (ADEA), Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, Equal Pay Act (EPA), Executive Order 11246, and the Vocational Rehabilitation Act. As we review case law pertaining to discriminatory practices within the workplace, Team C will identify all statutes that pertain to the specific case at hand and how the courts ruling may influence future discrimination cases.

Race

In the Bell v. Clackamas County case, Carmichell Bell was the first African-American deputy to be hired by Clackamas County Sheriff's Office. Bell was hired by the sheriff's office at a higher salary due to his prior experience as a police officer in Lake Oswego, his law enforcement experience in the Armed Services, and his completion of training programs that were similar to those programs within the sheriff's office.

Bell began his training phases and successfully completed 3 of the 5 phases. However while in his third phase his immediate supervisor directed him to conduct acts of racial profiling, while acting as county sheriff. His supervisor also made derogatory comments related to the characteristics of African American men. Although Bell successfully completed phase 3, it was in his fourth phase of training that things began to deteriorate.

During his fourth phase, Bell received criticism regarding his "talking like a black person" during the interrogation of a witness. Bell decided to question the criticism received by his supervisor. With the support and encouragement from the department Sergeant, Bell filed a complaint against his supervisor. Upon filing his complaint, Bell began to immediately receive unsatisfactory training scores and had numerous recommendations for termination.

Bell filed a discrimination and retaliation claim against the Clackamas County Sheriff's Office in federal court. The jury rendered judgment for Bell, awarding him compensation for economic, non-economic, and punitive damages. The jury's decision was up-held in the Appellate courts.

Clackamas County Sheriff's Office exhibited unlawful employment practices through the acceptance of disparate treatment by its officers, as well as the creation of a hostile work environment. The Sheriff's Office was in direct violation of Title VII of the Civil Rights Act of 1964 which "prohibits discrimination in hiring, firing training, promotion, discipline, or other workplace decisions on the basis of an employee or applicant's race, color, gender, religion, or national origin (Bennett, Alexander, Hartman, 2003, p. 85)." Furthermore, Title VII prohibits employers from acts of retaliation due to an individual's complaint of discrimination.

Religion

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against ...