Thursday, August 9, 2012
Group 3: Chapter 8 #8 (Taylor Turner)
After reviewing the case “United Airlines vs.
Evans,” our group thinks that Dewhurst’s claim is filed outside of the 180 days
after her seniority is determined, but within the loophole that states you can
file up to 180 days after the violation ceases. Dewhurst failed to file a
charge with the EEOC within 180 days after her seniority was determined; Title
VII recognizes that certain violations, once commenced, are continuing in
nature. In these instances, discriminatees can file charges at any time up to
180 days after the violation ceases. The violation to Dewhurst, treating her as
a new employee even though she was wrongfully forced to resign, is a violation
that is continuing to this day. The fact that she was forced to resign early
made her current employment a present violation of her worker’s rights. The
respondent’s charge therefore is not time-barred, and the Court of Appeals
judgment reinstating her complaint should be affirmed.
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I think that she took too long to file her complaint. If she made a complaint at the time of her being fired she would have had a case.
ReplyDeleteTo make a case based on something that happened three years prior doesn't seem like a strong foundation. It seems like she is desperate for some foothold.
In defense of the plaintiff, I think it would make sense for the airline to "expedite" her promotions since she has prior work experience at the company.