Rich Rogers, Les Ford, and Jasmine Young all worked for Darius D’Amore’s Fragrances, Inc. During the employment there, they believed they were discriminated against and filed a $70 million lawsuit.
The antidiscrimination laws concerning the workplace that fit this case are Americans with Disabilities Act of 1990, Civil Rights Act of 1991, and Pregnancy Discrimination Act of 1978. The ADA of 1990 prohibits discrimination based on disability. In this case, the firm violated this act by not promoting Rogers because he had stage four lung cancer. The Civil Rights Act of 1991 awards punitive damages when the injuring party intentionally harms the other.
In my opinion, the plaintiffs do have a prima facie case for …show more content…
In my opinion, it is very clear which party was in the wrong and which party was being mistreated. Therefore, the arbitration method could have sped the process up by making a decision and coming to a settlement.
Darius D’Amore publicized an internal recruitment and promotion policy. At a meeting, Jeff Luda said, “The Position Opening Policy is to first post the job internally, and if no qualified candidate is found, then the open position will be announced to the general public.” The pros of recruiting internally are there may be an increase in organizational commitment and job satisfaction, the internal recruit can learn more about the company as a whole, the company knows the applicant, the organization can save money, and it is also faster than recruiting externally. On the other hand, there are also cons of recruiting internally that can create problems within the organization. Some of the problems of recruiting internally are that the pool of applicant is a lot smaller, there is not a guaranteed success of the new position by the employee, an external applicant may have better qualifications for the position, internal employees may feel that they are entitled to the job regardless if they are actually qualified or not, the organization may create a strong resistance to change and innovation, and there is still a job position left open from the employee that moved positions. The Position Opening Policy partially contributed to the problems in the case because as