fbpx

Evaluation of the Legal Issues in Anderson vs Acme Printing

Evaluation of the Legal Issues in Anderson vs Acme Printing

Evaluation of the Legal Issues in Anderson vs Acme Printing

Introduction and Statement of the Issues

It is now settled that the resolution of Title VII claims in employment relationships are sustained through direct and indirect evidence. In this regard, direct evidence exists where there is substantial proof of the link between an employer’s act and prohibited discrimination. On the other hand, circumstantial evidence may be adduced through a two-step process, namely: 1) the establishment of a prima facie case (to establish a rebuttable presumption) through the McDonnell Douglas burden-shifting framework and, 2) traditional approaches of proving employee discrimination contrary to the provisions of title VII of the Civil Rights Act 1964, 1991.

Statement of Issues

In the case of Anderson vs Acme Printing, this evaluation seeks to use the two-step process for analysing indirect evidence to resolve the following three issues:

  1. Whether Acme Printing wrongfully terminated the plaintiff’s employment contract on the basis of sexual discrimination.
  2. Whether Acme printing wrongfully terminated the plaintiff’s contract on the basis of unlawful retaliation for her objection to unlawful harassment at work.
  3. Whether Anderson was unlawfully harassed on the basis on her sex while an employee of the defendant.

Evaluation

Wrongful Termination: Unlawful Discrimination on the Basis Of Sex. Ms. Anderson first claim is that she was unlawfully terminated on the basis of sex. In this regard, her claims must first be established on a prima facie basis, hence establishing a rebuttable presumption (Major 14). When all this have been established, the burden shifts to her employer to demonstrate legitimate cause for their termination of her services through a rebuttal (Sperino 258). As such, this section seeks to establish a prima facie case through the McDonnell Douglas burden-shifting framework. Subsequently, the plaintiff has to demonstrate that:

  1. Applicable Law

            The evidence must establish the following elements through direct or circumstantial evidence based on the provisions of Title VII of the Civil Rights Act, 1964. It is unlawful to discharge an individual from duty on the basis of their sex (Kirshenbaum 143). From the preceding, the guideline developed in McDonnell Douglas Corporation vs. Green 411 U.S. 792 is applied to sexual discrimination (Major (14). Foremost, i) that she belongs to a gender minority, ii) that she merited the requirements of the job, iii) that despite her qualifications, she was dismissed from her employment, and iv) that upon her dismissal, her position remained vacant as her employer sought other persons to fill it (Sperino 258). All these will form the basis upon which Acme Printers rebut the plaintiff’s prima facie case.

  • Application of the Facts to Relevant Law

            According to the existing evidence, Ms. Anderson is a sexual minority at Acme Printers on a numerical basis since there are more women in her place of work compared to men. Secondly, she qualified for the job going by Exhibit 1 (appointment letter) and specifically the last paragraph, which states that: “It is our belief that you can make a significant and positive contribution to our Company.” The aforementioned signifies employer belief in her ability to deliver on her job. Thirdly, Anderson was subsequently dismissed from her job despite his qualifications, which Acme initially believed in. Fourthly, her post remained vacant after her dismissal as the management of Acme looked for a suitable in-house or external replacement.

            The defendant may rebut her evidence on the four elements in the following manner. Foremost, that they acknowledge her qualifications for the job and stand by their statement in Exhibit 1 (in the preceding paragraph). However, her performance fell short going by the complaints from Paramount who are Acme’s significant clients. As a matter of fact, Acme notified her severally on her non-performance in the meeting held on January 6, 2017 (Exhibit 2). In this regard, they informed her that they were dissatisfied with her handing of the account. Subject to Exhibit 4, the management noted with concern that she was unable to perform at her job in the following respects:

  1. “Failure to schedule four appointments per month with new and prospective customers.”
  2. Lack of follow up with key customers.
  3. Lack of participation in sales prospect meetings; and,
  4. Failure to submit timely prospects list before Monday 8 a.m. every week in the appropriate manner among others.

            Similarly, the National Sales Director was concerned of her performance in a memo titled Exhibit 2. The aforesaid noted that during a call, her negative impact on the team’s performance raised some salient issues that are stated as follows:

  1. Failure to demonstrate expertise in the business.
  2. Failure to provide an amended format of weekly status updates as requested in weeks following the a request that Alice, the V-P of Paramount (a major account for Acme) made.
  3. Failure to demonstrate leadership role in READ meetings.

In light of the analysis above, based on facts and law, the defendant has demonstrated her non-performance as the legitimate grounds upon which their dismissal was based. Consequently, Anderson lacks a prima facie case of sexual discrimination on this issue. Subsequently, she must demonstrate that the defendant’s legitimate reasons for her dismissal were mere pretexts under the traditional methods of proof (Brodin 300).   The aforementioned is briefly considered in the subsequent part.

Under traditional methods of proof, there is no direct or circumstantial evidence to demonstrate that her Title VII rights had been violated on the basis of her sex. Despite the claims that she was constantly harassed at work and her fa, there is no evidence that her dismissal was based on sexual discrimination, but on performance (Brodin 292). Therefore, this claim does not stand for lack of both direct and circumstantial evidence to that effect.

Retaliation for Objecting to Sexual Harassment/Wrongful Termination

  1. Applicable Law. Anderson must prove that she was dismissed because of her confrontation against her manager for sexually harassing her consistently at work. In this regard, the Supreme Court settled in Desert Palace Inc. vs Costa 123 S. Ct. 2148 (2003) that direct evidence is not a pre-requisite in mixed-motive cases related to Title VII violations (Corbett 208).  In this regards, the guideline developed in McDonnell Douglas shows thatshe must demonstrate that she belongs to a gender minority, ii) that she merited the requirements of the job, iii) that despite her qualifications, she was dismissed from her employment, and iv) that upon her dismissal, her position remained vacant as her employer sought other persons to fill it (Sperino 258). These issues have been discussed at length in part (a) of the first issue and thus we shall not belabor it here.

      Under the ruling in Desert Palace Inc. vs Costa, an employee should be given an opportunity to demonstrate, through facts, that the reasons for her dismissal were illegitimate. In this regard, she must demonstrate that the motivating factor behind her dismissal was a result of her sex as opposed to her performance as stated. In this regard, s. 2000e-2(m) of the Civil Rights Act 1991 (as amended) provides that a plaintiff ought to demonstrate on a balance of probabilities that her sex was the motivating factor for her dismissal from Acme (Corbett 208).  However, in Price Waterhouse vs Hopkins 490 U.S. 228 (1989), the Supreme Court found that the defendant’s rejection for promotion was based on both legitimate and illegitimate reviews (Green 992).  Notably, in this case, the plaintiff’s application for being considered as a partner was rejected based on performance reviews and gender stereotypes (Green 990-991). Consequently, the position in law is that if sex is a motivation or a part-motivation in disparate treatment at work, the defendant becomes liable for breach of Title VII labor related sex discrimination.  

  • Application of Law to Relevant Facts. Having analyzed the application of McDonnell Douglas burden shifting framework in part (b) of the first issue, the plaintiff has successfully rebutted the prima facie evidence on each element that has been presented therein. Nonetheless, under s. 2000e-2(m) of the Civil Rights Act 1991, Anderson ought to demonstrate on a balance of probabilities that her sex was the motivating factor for dismissal from Acme. In the aforementioned record, evidence shows that she was consistently harassed at work by her boss Mr. Dolinko and on one occasion she stands up to him, but fails to report to Human Resources. Similarly, there are instances when her staff mate have made gross sexual remarks towards her.  Also, she argues that she was either assigned or transferred from duties in a discriminatory manner based on the following set of facts:
  • Generally, her accounts were transferred because of sex (see Part C par. 1).
  • “Dolinko reassigned these accounts to Henry, the outgoing Sales Manager at a higher commission-based compensation for servicing her former accounts (see Part C par. 1).
  • “Dolinko re-assigned Anderson’s accounts to his son Walter Dolinko for a higher compensation than what she previously received (see Part C par. 2).
  • That an influential employee of Paramount allegedly stated that he preferred to work with men; however, he had to get used to working with “little Mary” in reference to Anderson. She actually reported this to Acme, but no follow up was made (See Part D par. 3).

            This accusations raise fundamental concerns, but there is no evidence from the facts to prove her allegations on sex discrimination assignment, reassignment, and discharge from duties. Acme, on the other hand, will argue that their decisions to assign, reassign, and discharge her from duties were based on legitimate reasons. Accordingly, Dolinko alleges that reassigning her from the Paramount account was to alleviate pressure from her. Moreover, Alice, the Vice-President was dissatisfied with her delivery on the account as provided in (Exhibit 2). Under the memo, Garcia expressed Alice’s concerns including: her failure to demonstrate expertise, leadership, and formats for presentations on the account as the V-P had earlier requested. Subsequently, Garcia spoke to her on the need to improve her performance and communication to deliver on the account. Also, under Exhibit 3, when the Paramount account was reassigned to Henry she never raised any questions when Garcia gave her an opportunity to do so with regard to the reassignment. Importantly, the aforementioned occurred after Alice contributed to Acme’s failure to meet a Paramount’s business deadline.

            Against this background and my interpretation of s. 2000e-2(m) of the Civil Rights Act 1991, as well as Price Waterhouse and Desert Palace Inc., sex was a motivating factor for other decisions other than the decision to discharge, reassign, or assign her duties at Acme. This includes payment of higher wages to Henry and Walter (male staff) members for her former position.  In as much as such actions were illegitimate, the decision to reassign her from accounts were based on legitimate reasons such as her failure to meet deadlines, meet prospecting quotas, and failure to attend weekly meetings (Exhibit 4). Moreover, in Price Waterhouse, there was evidence that sexual stereotypes had been used as part of her performance review, which is not the case here.

Unlawful Harassment  

  1. Applicable Law. Sexual harassment is a violation of the prohibitions against discrimination under Title VII of Civil Rights Act, 1964. Specifically, it prohibits discrimination on the basis of sex, race, and gender. In this regard, the Supreme Court has explained that this may include sexual harassment or the creation of a hostile environment for members of a protected class of persons to work. For instance, in Joseph Onacle vs. Sunflower Offshore 523 U.S. 75 (1998), it was held that Title VII protects individuals from sexual harassment because it is tantamount to discrimination. Moreover, in an earlier decision of the same court (Meritor Savings Bank, FSB vs. Vinson 477 U.S. 57, 66 (1986)), it was held that if a work environment is hostile for women, amount to sexual discrimination under Title VII of the 1964 Act (Kirshenbaum 139-140). In this regard, the plaintiff should demonstrate either acts of sexual harassment or hostile work environment for them on the basis of their sex.
  2. Application of Law to Relevant Facts. There is evidence that Anderson was not only harassed on the basis of her sex, but that the working environment was also hostile. In the aforementioned regard, there was an ongoing sexual harassment from Mr. Dolinko and subsequent gross comments on her figure and other sexually suggestive references that have been made towards her (See Part B par. 1). In light of the ruling in Onacle and Meritor, sexual harassment and a hostile work environments for Anderson amounted to sexual discrimination. Moreover, her work environment was threatened when an influential employee at Paramount openly stated his preference for working with men, but had to settle for “Little Mary.”

Damages

A plaintiff will be awarded damages under the ruling in Onacle if they can demonstrate by plausible evidence that the employer’s conduct violated Title VII prohibitions.  As far as the first two issues are concerned, there is evidence that the conduct of Acme was motivated by legitimate reasons. However, on the issue of unlawful harassment, there is evidence that her sex dictated the constant sexual harassment and hostile working environment she was subjected to. As a result, she can recover damages on this claim.

Conclusion

On the basis of the evaluation using the McDonnell Douglas burden shifting framework, Anderson established a prima facie case on some, but not all the elements under the procedure on the first issue. On the other hand, the employer rebutted each claim through evidence. Similarly, using the mixed-motive framework in Da Costa, there is no evidence that her dismissal was based on retaliation for her refusal to accede to her bosses’ sexual demands.   

Works Cited

Brodin, Mark S. “The Standard of Causation in the Mixed-Motive Title VII Action: A Social Policy Perspective.” Columbia Law Review. vol 82, no. 2, 1982. www.jstor.org/stable/pdf/1122276.pdf. Accessed 20 Feb. 2019.

Corbett, William R. “McDonnell Douglas, 1973-2003: May You Rest in Peace.” U. Pa. J. Lab. & Emp. L. vol 6, 2003. www.digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=1037&context=faculty_scholarship. Accessed 20 Feb. 2019.

Kirshenbaum, Andrea Meryl. “Because of… sex: Rethinking the protections afforded under Title VII in the post-Oncale world.” Alb. L. Rev. vol 69, 2005. www.albanylawreview.org/Articles/Vol69_1/69.1.0139-Kirshenbaum%20(final2).pdf. Accessed 20 Feb. 2019.

Major, Ruth I. “McDonnell Douglas: The Oft-Misunderstood Method of Proof.” Fed. Law, 2012. www.fedbar.org/Resources_1/Federal-Lawyer-Magazine/2012/May/Columns/Labor-Employment-Corner.aspx?FT=.pdf. Accessed 20 Feb. 2019.

Sperino, Sandra F. “Beyond McDonnell Douglas.” Berkeley J. Emp. & Lab. L. vol 34, 2013. www.scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1462&context=bjell. Accessed 20 Feb. 2019.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Tired of Guidelines or Lack Time to Work on Your Paper, Get Original Custom Research Paper Writing Service

Thecustomwriting.com research paper writing service has saved thousands of students from stressful college life. Writing a custom research paper may be challenging, considering it has to be plagiarism-free. And it is better not to do your project than to hand in plagiarized work or hurriedly complete it if you do not have time.

Academic integrity is so vital that you may get a suspension or an expulsion because of a copy-pasted work. Writing a custom research paper requires research and writing skills to produce original content. Here are essential things to know about getting the best and legit assignments help websites.

Perfection is vital

Every website will promise you that they produce high-quality work. However, you put your money for your end-of-semester paper only to get a pass. You must learn how to identify the best writing service before committing.

Thecustomwriting.com produces quality content at all times. Rather than a quality promise, quality assurance is what you should consider before hiring a research writer. Best writing services are reliable. You don't want to partner with a cheap research paper writing service that will deliver poorly written essays hours after the due date.

Quality writers are part of the best writing service. A company that has untrained writers will fail you. Before committing, ensure that the people who will write your paper are academicians and professionals. It would help if you had a writer who will be prompt to respond to your questions and follow instructions. Writers who do not fear to ask for clarification where they don't understand are the best for you.

Beware of Scammers Posing to Provide Custom Research Paper Writing Service

It may take time and effort to find a legit custom research paper writing service. Most of the websites claiming to offer writing service trades your paper with another student. For example, if you order your paper today to submit it next week, you may find that another student has already handed over the same document.

Your money is gone, you have no paper to submit, and the deadline is in two hours. You can only sit and cook up some stories for your lecturer. Otherwise, wait for a penalty or suspension.

Others will give you half-baked papers in the name of cheap essays. Apart from reselling your paper, some companies will offer you copy-pasted work. If you don't have tools such as Turnitin or Copyscape to check plagiarism, you may find yourself in the dean's office explaining why you copied your work from the internet word-to-word.

We offer one of the best research paper writing services in the USA and the U.K.

You won’t regret choosing Thecustomwriting.com to handle your research. Your project is an essential part of your academic work. It determines whether you will move on to the next semester or if your name will appear on the graduation list. Do not gamble your education by hiring any cheap essay writing website you find on the internet. Look for a custom research paper writing service reviews before commit.

Avoid scandals by hiring Thecustomwriting.com. Count yourself lucky if you are reading this article. You are in the right direction in finding the writing service for your paper. Though many websites could have frustrated you, Thecustomwriting.com is committed to providing you with reliable service for your paper.

Thecustomwriting.com offers quality services at affordable prices, and they deliver your work on time. They have native English writers that write your paper using the correct language.

Plagiarism Free Custom Research Paper Writing Service

Our writers understand the seriousness of writing plagiarized papers. Every institution has regulations that govern how a research project is conducted. Universities and colleges take plagiarism as gross misconduct. The best writing services are those that will deliver plagiarism-free papers.

Plagiarism involves, among others, copying a published work and delivering it to your lecturer as your own without acknowledging the sources.

Another way your work can be plagiarized is the failure to include the source of your content in a research paper. If you are using someone's thought, you need to include a reference and in-text citations to show that you are using another scholars' worker.

It's a gross mistake to write a five-page paper without a single source unless the paper's nature does not require you to rely on any sources. Here are some tips our writers use to avoid accidental plagiarism:

  • Cite direct quotes, statistics, and paraphrased content.
  • Ensure that all in-text citations are included in the biography and vice versa.
  • Directly quoting not more than 2% of the paper, if quoting is necessary (some papers are exempted from this rule, especially literature).
  • Stick to high authority, scholarly sources. Our writers will hardly paraphrase content from third party blogs and other questionable sites.
  • Consider Buying A Custom Research Paper from Thecustomwriting.Com

    Consider hiring an expert essay writer if you are not sure about your capabilities. Referencing and citations can be challenging, especially if you try to do it for the first time. It's even harder when your lecturer asks you to use a hard referencing style. For example, Harvard requires you to include page numbers, dates, and the author's name in the text. If you have several papers with a strict deadline, you should consider hiring a custom research paper writing service to help you work on your essays.

    However, ensure the website you want to hire offers legit writing service. A good website should at least charge for its services. You will find many websites willing to provide you with free services. No one is that idle to sit and write a paper for free. Sites that provide free or cheap services hooks you when you least expect.

    Also, consider the price of writing a paper. Though cheap essays are of low quality, other sites may have inflated prices for their rate, making you needlessly break your bank.

    Thecustomwriting.com understands the need for a fair and reasonable price for most students. We know that most students need service, but they do not have enough resources. We, therefore, offer quality service that you can afford.

    Benefits of using custom research paper writing service

    If this is your first time considering using a custom writing service, the first thing is to know why taking such an action is the best. Choosing Thecustomwriting.com ensures professional writers handle your paper. Letting a qualified person handle your project can boost your grade. You cannot afford to fail in the upcoming end-of-semester project. In any case, your progress to the next level will be determined by how well you perform in your essay.

    Thecustomwriting.com ensures the timely delivery of your work. The good thing about legit essay writers is that they can write your essay within the shortest time possible, with one page taking up to one hour at most. It doesn't matter what time you want your work done: Thecustomwriting.com is always ready for a task.

    We will give you a paper written explicitly for you. We will ensure that your paper is not delivered to someone else.

    Come to think of this; if five of your classmates decide to order an essay for the same class, five writers will be assigned to work on different papers instead of paraphrasing one paper and sending it to five of you.

    Frequently Asked Questions (FAQ)

    Do subject specialist writers handle my research paper?

    It's our responsibility to ensure that someone from your field handles your paper. Our company has enough writers from every discipline. We provide only a research writer qualified in your subject to handle your paper. After placing an order, the first step is to screen the question and requirement and match it with the best writer. The less qualified writer has a college diploma, and they only handle high school papers. All other writers are bachelor, masters, and PhD degree holders.

    Are your researchers qualified enough to know the core of the research?

    We commit to quality content. We understand that failure to deliver quality service will result in the loss of clients. Therefore, we only hire qualified writers who have an in-depth understanding of your paper. Whether you want quantitative research done using Chi-square or qualitative research, Thecustomwriting.com’s writers will comfortably handle any discipline or type of paper. Besides, we offer research paper service from college to PhD. Therefore, we cannot afford to have unqualified writers. Our researchers take every instruction keenly when writing your essay.

    Should I worry about order placement?

    There is nothing to worry about placing your order. Our platform has a simple, user-friendly interface that enables you to navigate to different functionalities with ease. We offer quality custom research paper writing services; thus, you don't have to worry about getting value for your money. Besides, you can track your order's progress. Our system progressively send you email notifications regarding every stage of your orders' progress; thus, you don't even have to log in to track down your order. You will also see the progress on the dashboard when you log in. Moreover, our support team will contact you when the writer needs any clarification.

    Can I have direct communication with the writer after the order placement?

    Our system is designed in such a way that it allows you to communicate with your writer directly. We understand the need to clarify things yourself to the writer. Furthermore, our support team is available 24 hours to ensure that urgent matters are communicated swiftly with the writer.

    Will I get any discount on recommendation?

    The answer is yes. We value your efforts and trust to recommend us to your friends. We will offer you a discount on your next order if a client mentions your email when placing an order.

    What guarantees should customers look for?

    We have a written list of what we guarantee our clients in our terms. We guarantee the quality, confidentiality, free revision, original content, and timely delivery. We also guarantee money-back if, in the unlikely event, you are not happy with the quality of the paper.

    What makes a reliable writing company?

    It's easy to know a reputable company. First, they are transparent about their services. They offer multiple methods of communication and have qualified writers. Most importantly, they deliver your work on time, deliver original content, and honour what they have guaranteed.

    Why should customers not opt for cheap essay writing services?

    Cheap essay services will only waste your time. They have foreign writers who will produce plagiarized content full of grammar errors. You will waste your precious time waiting for a paper that you can't give your lecturer.

    Is buying essays online safe?

    It's safe to buy your essay if you take the right precaution. Before putting your money on a strange site, explore the website to see whether you will get customer reviews. They will help you make the right decision.

    How do I hire someone to write an essay for me?

    These are common questions with most clients. It's effortless to get a professional writer. The first step is to identify a custom research paper writing service that is legit and sign up. After that, they will guide you on how to place your order and get a writer. Some companies will allow you to choose a writer for yourself or choose a writer for you.

    What types of writing services can I order online?

    Our website offers a variety of legit essay services. We provide any academic assistance, including research projects, assignments, and admission letters. Visit our website to see what each service entails.

    What benefits and additional features do Thecustomwriting.com services offer?

    We offer several free services to our customers. We offer free revision, a discount on your first order, and free pages such as references and cover pages. Also, we have a quality control department that ensures that all papers are of high quality before delivering them to you.

    Do websites maintain your privacy? Are orders secured?

    Your privacy is our top priority. You will be recognized by your I.D. assigned to you after signup instead of your name. The only person who can access your account is you or anyone else you give your password. Your payment is through a third party. Therefore, your personal information will never reach our site without your consent.

    What are the pros of ordering from custom writing services?

    You get quality papers. We have writers with decades of experience delivering quality papers worth the client's money and much more. We understand your power to influence our progress. Your paper will be delivered on time and written by professional writers.

    Hire a professional writer

    Now that you know what to look for when considering the custom research paper writing services, it's time to try us. Sign up and get a discount on your first order. You don't have to worry about quality, timely delivery, and price. We know they are essential to you. Use promo code ‘2021’ and claim a 15% discount on your first order.

    Place your order
    (550 words)

    Approximate price: $22

    Calculate the price of your order

    550 words
    We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
    Total price:
    $26
    The price is based on these factors:
    Academic level
    Number of pages
    Urgency
    Basic features
    • Free title page and bibliography
    • Unlimited revisions
    • Plagiarism-free guarantee
    • Money-back guarantee
    • 24/7 support
    On-demand options
    • Writer’s samples
    • Part-by-part delivery
    • Overnight delivery
    • Copies of used sources
    • Expert Proofreading
    Paper format
    • 275 words per page
    • 12 pt Arial/Times New Roman
    • Double line spacing
    • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

    Our guarantees

    Delivering a high-quality product at a reasonable price is not enough anymore.
    That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

    Money-back guarantee

    You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

    Read more

    Zero-plagiarism guarantee

    Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

    Read more

    Free-revision policy

    Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

    Read more

    Privacy policy

    Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

    Read more

    Fair-cooperation guarantee

    By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

    Read more