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Thursday, August 9, 2012

Group 2: Chapter 7 Question 11 by Anthony Manning

Court Decision:
The court found that the Plaintiff Rebecca Thomas was discriminated against by the Defendant Cooper Industries, Inc. on the basis of her gender.  The court awarded her monetary damages totaling 52,163.23 as well as counsel fees, job reinstatement, moving costs, and interest on all aforementioned items.

Group Decision:

In the case Thomas v. Cooper Industries, Inc., our group is in agreement with the court’s ruling that Cooper was in violation of Title VII of the Civil Rights Act of 1964 by discriminating against Thomas on the basis of her gender.  The act does allow for discrimination based on gender, however it only allows this discrimination if it is a bona fide occupational qualification (BFOQ).  In the case of Thomas the fact that she had been successfully managing the position vacated by her previous boss shows that gender is not a BFOQ for the position.  Furthermore there was no evidence in the company's policy that this particular position could only be filled by men prior to Thomas’s assumption of it duties.
In addition Thomas could bring a case against Cooper for violating the Equal Pay Act of  1963.  The act ensures that equal pay is  given for equal or equivalent work.  Since Thomas was not compensated at the level of her predecessor she could file suit and request backpay for   the difference in salary for the period she was in the position.  

1 comment:

  1. I agree with the groups' opinions and the court's decision regarding Ms. Thomas's case against her employer Cooper Industries. Ms. Thomas seemed to be a loyal and efficient employee who performed to the high standards of upper management. When acting as the plant's employee relations manager, the plant's corporate officials refused to give her the opportunity of even an interview for the position that she had already done well.
    Also, the testimony from the plant manager and the ultimate hiring of a male to fulfill the position aid Ms. Thomas in her claim of sex discrimination against Cooper inc.

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