Printer Friendly
The Free Library
4,630,398 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Race bias: court reiterates definition of discrimination.


The US District Court for the Eastern District of Arkansas Arkansas, river, United States
Arkansas (ärkăn`zəs, är`kənsô'), river, c.1,450 mi (2,330 km) long, rising in the Rocky Mts., central Colo.
 recently dismissed an African-American aide's race-discrimination lawsuit lawsuit: see procedure; tort. .

The aide was not able to show the court that she was meeting her employer's legitimate expectations. Her disciplinary write-ups and refusal to respond positively to corrective action A corrective action is a change implemented to address a weakness identified in a management system. Normally corrective actions are instigated in response to a customer complaint, abnormal levels if internal nonconformity, nonconformities identified during an internal audit or  were legitimate, nondiscriminatory reasons for her termination, the court ruled.

Her history of disciplinary write-ups was basically the same, the court pointed out, during the time she was working on a unit with an African-American supervisor as when working on a unit with a Caucasian supervisor.

The aide was not able to point to any specific non-minority employee who, having been accused of the same disciplinary offenses, received more favorable fa·vor·a·ble  
adj.
1. Advantageous; helpful: favorable winds.

2. Encouraging; propitious: a favorable diagnosis.

3.
 treatment that she did.

It is fundamental to a valid discrimination lawsuit to be able to identify a non-minority employee or employees who received different treatment that the minority in the same situation, the court pointed out. Johnson v. Bryson, 2007 WL 3290455 (E.D. Ark., November 5, 2007).

Discrimination means that a minority employee has been treated differently than a non-minority.

The minority employee must be able to show the court that a non-minority was accused of the same offense but disciplined less harshly.

UNITED STATES DISTRICT COURT United States District Court

In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court.
 

ARKANSAS

November 5, 2007
COPYRIGHT 2007 Legal Eagle Eye Newsletter for the Nursing Profession
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2007 Gale, Cengage Learning. All rights reserved.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Legal Eagle Eye Newsletter for the Nursing Profession
Article Type:Brief article
Geographic Code:1U7AR
Date:Dec 1, 2007
Words:208
Previous Article:Race bias: court sees hostile work environment.(Brief article)
Next Article:Religious discrimination: employee was offered reasonable accommodation.
Topics:



Related Articles
Seventh Circuit allows same-race discrimination claim by worker.(Brief Article)
Punitive damages argued before U.S. Supreme Court in sex discrimination case.(Review)
Richardson suit impact hard to predict.(Law Firms)(Nolan Richardson)
Fourth Circuit Ruling Requiring Court or DOL Approval for FMLA Releases Under Attack.
Fairman v. Konteh.(Fairman v. Konteh, 361 F.Supp.2d 704)(Brief Article)
Race discrimination: court gives employers more latitude to make decisions.
Supreme Court Rules That Admissibility Of "Me Too" Evidence Is Case-By-Case Determination.(Case overview)
Supreme Court Confirms That Employees May Sue For Race-Based Retaliation Under A Reconstruction-Era Law.
Defeat the 'cat's paw' defense to vicarious liability: employers are seeking to avoid subordinate-bias liability for employment discrimination by...
Firing based on interracial relationship is illegal, Second Circuit says.

Terms of use | Copyright © 2008 Farlex, Inc. | Feedback | For webmasters | Submit articles