Statute And State Law Relationship

One employment law case that pertains to national introduction is Desert Palace , Inc . v . Costa , __ U .S . __ , 123 S . Ct . 2148 (2003In this case the employer fired a charr warehouse employee who was a heavy equipment operator . She had been rebuked in the past for corrective problems and had even been suspended . After she had a physical disturb with an employee she was terminated . After termination she d a hold under Title VII alleging that she was sexually discriminated against and was sexually stung . The trial court did not allow the sexual anguish exact to proceed but the sexual discrimination claim was allowed to proceed to trial . At the trial , she presented circumstantial tell showing that she was stalked by her superior , disciplined more(prenominal) severely than males , her disciplinary reports were stacked , she was discriminated against with respect to overtime assignments and supervisors employ sex-based slurs against herThis was a mixed motive case in which twain poor job performance and sex discrimination reasons had light-emitting diode to her dismissalThe regulation interpreted in this case was that prior to this astuteness in discrimination cases pretext hypothesis cases were allowed to proceed without handle severalise .

In pretext theory cases circumstantial reason was allowed , but in mixed motive theory straight evidence was required That is the employee had to show by direct evidence that sexual discrimination was the main motivating factor in her dismissalHowever , in the Desert Palace case the U .S . dictatorial Court unanimously held that an employee alleging a mixed motive theory of discrimination under Title VII does not essential to provide direct evidence of discrimination (Smith S . 2003 . In other words circumstantial evidence was admissibleThis case has impact the employment environment because now even if a woman is not performing up to the mark at score , employers are advised to refrain from sexually discriminating against herReferenceSmith S (2003 ) The Death of Summary Judgment . Retrieved on October 25 2006 From hypertext transfer protocol /hennepin .timberlakepublishing .com /article .asp ?article 764 1 cat 147...If you want to arrive at a full essay, order it on our website: Ordercustompaper.com

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