Garayalde-Rijos v Municipality of Carolina
The case was brought before the court of appeal in the in the United States and the parties to the suit were; Waleska garayalde being the plaintiff who was suing Jose Aponte Dalmau the mayor for the Municipality of Carolina and the Municipality of Carolina.
Facts of the case
The plaintiff Waleska garayalde filed a suit of gender discrimination with the Equal Employment opportunity commission (EEOC) alleging the municipality of Carolina refused to accord her equal opportunity of being a fire fighter based on the fact that she was a woman. She further alleges that, less qualified men as compared to her were employed first. She based her suit on the Title VII of the Civil Rights Act of 1964 makes it unlawful for an individual to be discriminated based on their sex with regards to the employment sector.
Legal claim by the employees
First and foremost, it is worth noting that the state of Carolina eventually hired Walasake Garayalde as a firefighter. Furthermore, the municipal of Carolina went an extra mile and sent her a notice to inform her that she had been included in the register of those eligible for the position of the fire fighters in Carolina and based on the fact that she had effectively been issued with a notice, the defense asked the court to dismiss the allegations that she made.
Outcome of the case and the reason for the decision
The courts dismissed the allegations made by the appellant on the post and pre-hire allegation and this was based on the fact that the applicant had not established a prima facie case against the complainant.However, at the court of appeal, it was stated that district court errored in dismissing pre-hire claim.
Second document
In the case of Amini vs. Oberlin College, it highlights the issue with regards to discrimination in the employment arena. It is worth noting that, the race of an individual absolutely does not affect the quality of the work that an individual brings forth and therefore, all individuals ought to be treated equally.
This provision has been entrenched under the Title VII of the Civil Rights Act 1964. In this particular Scenario, Amini applied for the position of a professor at the Oberlin University however, He claims that he was not only denied the opportunity to become a member of the faculty but he was not interviewed despite the numerous qualifications that he had illustrated through the various papers presented. Amini being an Iranian of Muslim origin he claims that was the basis by which he was not employed, furthermore; being 45years of age, he was still qualified and competent enough to be a lecturer.
However, according to Oberlin college, the reason for denying Amini an opportunity to be member of the faculty was based on the fact that his qualifications were not relevant to the position he was seeking. In addition, he had been rejected at the initial stage of choosing individuals to work at the college. It is therefore, worth noting that, the employees have the mandate of employing individuals based on merit and those who fail to meet the threshold are dismissed but notice ought to be granted to the individuals rejected.
References
Findlaw. (2006, March 10). findlw.forlegal professionals. Retrieved from Saeid B Amini Vs. Oberlin college (2006) United States court of appeals , sixth circuit: caselaw.findlaw.com/US-6th-circuit/1257762.html
Justia. (2014, March 28). Garayalde-Rijos v municipality of Carolina no 13-1487 (2014). Retrieved from Justia.com: law.justia.com/cases/federal/appelant-courts/cal/13-1487/13-1487-2014-03-28.html
