Griggs v. Duke Power Supreme Court Case, Arguments, Impact

In Griggs v. Duke Power (1971), the Supreme Court ruled that, under Title VII of the 1964  Civil Rights Act, tests measuring intelligence could not be used in hiring and firing decisions. The court established a legal precedent for disparate impact lawsuits in which criteria unfairly burdens a particular group, even if it appears neutral. Fast Facts: Griggs v. Duke Energy Case Argued: December 14, 1970Decision Issued:  March 8, 1971Petitioner: Willie GriggsRespondent:  Duke Power CompanyKey Questions: Did Duke Power Companys intradepartmental transfer policy, requiring a high school education and the achievement of minimum scores on two separate aptitude tests, violate Title VII of the 1964 Civil Rights Act?Unanimous Decision: Justices Burger, Black, Douglas, Harlan, Stewart, White, Marshall, and BlackmunRuling: As neither the high school graduation requirement nor the two aptitude tests was directed or intended to measure an employees ability to learn or perform a particular job or category of jobs, the court concluded that Duke Energys policies were discriminatory and illegal.   Facts of the Case When the Civil Rights Act of 1964 went into effect, the Duke Power Company had a practice of only allowing black men to work in the labor department. The highest paying jobs in the labor department paid less than the lowest paying jobs in any other department at Duke Power. In 1965, Duke Power Company imposed new rules upon employees looking to transfer between departments. Employees needed to pass two aptitude tests, one of which supposedly measured intelligence. They also needed to have a high school diploma. Neither of the tests measured job performance at the power plant. Of the 14 black men working in the labor department at Duke Powers Dan River Steam Station, 13 of them signed onto a lawsuit against the company. The men alleged that the companys actions violated Title VII of the Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, an employer involved in interstate commerce cannot: Take negative employment action (failing to hire, choosing to fire, or discriminating) against an individual because of the individuals race, color, religion, sex, or national origin;Limit, segregate or classify employees in a way that negatively impacts their employment opportunities because of their race, color, religion, sex, or national origin. Constitutional Issue Under Title VII of the Civil Rights Act, can an employer require an employee to graduate high school, or pass standardized tests that are unrelated to job performance? The Arguments Attorneys on behalf of the workers argued that the education requirements acted as a way for the company to racially discriminate. The segregation in schools in North Carolina meant that black students received an inferior education. Standardized tests and degree requirements prevented them from becoming eligible for promotions or transfers. Under Title VII of the Civil Rights Act, the company could not use these tests to guide departmental transfers. Attorneys on behalf of the company argued that the tests were not meant to discriminate on the basis of race. Instead, the company intended to use the tests to increase the overall quality of the workplace. Duke Power did not specifically prevent black employees from moving between departments. If the employees could pass the tests, they could transfer. The company also argued that the tests could be used under section 703h of the Civil Rights Act, which allows any professionally developed ability test that is not designed, intended  or used  to discriminate because of race[.] Majority Opinion Chief Justice Berger delivered the unanimous decision. The Court found that the tests and degree requirement created arbitrary and needless barriers that indirectly impacted black workers. The tests could not be shown to be at all related to job performance. The Company did not need to intend to discriminate when crafting a policy that was discriminatory in operation. The majority opinion found that what mattered was that the disparate impact of the policy was discrimination. In terms of the importance of degrees or standardized tests, Chief Justice Berger noted: History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. The Court addressed Duke Powers argument that section 703h of the Civil Rights Act allowed for ability tests in the majority opinion. According to the Court, while the section did allow for tests, the Equal Employment Opportunity Commission had clarified that the tests must be directly related to job performance. Duke Powers aptitude tests had nothing to do with the technical aspects of jobs in any of the departments. As a result, the company could not claim that the Civil Rights Act allowed the use of their tests. Impact Griggs v. Duke Power pioneered disparate impact as a legal claim under Title VII of the Civil Rights Act of 1964. The case was originally applauded as a win for civil rights activists. However, over time federal courts have increasingly narrowed its usage, creating restrictions for when and how an individual can bring a disparate impact lawsuit. In Ward’s Cove Packing Co., Inc.  v.  Antonio  (1989), for example, the Supreme Court gave plaintiffs the burden of proof in a disparate impact lawsuit, requiring that they show specific business practices and their impact. Plaintiffs would also need to show that the company refused to adopt different, non-discriminatory practices. Sources Griggs v. Duke Power Co., 401 U.S. 424 (1971).Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989).ï » ¿Vinik, D. Frank. â€Å"Disparate Impact.†Ã‚  Encyclopà ¦dia Britannica, Encyclopà ¦dia Britannica, Inc., 27 Jan. 2017, www.britannica.com/topic/disparate-impact#ref1242040.

Notes On The Net Present Value - 1462 Words

Question C [1] The Net Present Value [NPV] is the total sum of the present values of all the expected cash flows. For a project with a normal cash flows, this would mean that the NPV is the present value of expected cash flows minus the initial cost of the project. The formula is as such; NPV = -CF0 + CF1 (1+k)-1 + CF2 (1+k)-2 + †¦ + CFn (1+k)-n where; CF0 is the initial investment outlay, or cash outflow CFt is the after-taxed cash inflows at time t k is the required rate of return for the project or investment. Based on the information given; NPV of Project L= -$100 + $10 (1+0.1)-1 + $60 (1+0.1)-2 + $80 (1+0.1)-3 = $18.783 [in thousands of dollars] NPV of Project S= -$100 + $70 (1+0.1)-1 + $50 (1+0.1)-2 +†¦show more content†¦If Project S is accepted; Project S’ cash inflows sum up to a total of $140, 000. It is more than enough to recover the cost outlay [cash outflow or cost of the investment], maintain and deliver the 10% opportunity cost of capital, and still have [present value of] $19.985 [in thousands of dollars] available which belongs to the shareholders [shareholder’s wealth increased by $19.985 (in thousands of dollars)]. If Project L and Project S are independent, both of the projects should then be accepted as they both increase the shareholder’s wealth. If Project L and Project S are mutually exclusive, and, one project is to be chosen; Project S should then be chosen instead of Project L, as Project S increases the shareholder’s wealth more than Project L. Question C [3] Based on the formula given in the answer to Question C [1], the NPV relies on the WACC used. This means that the NPV is affected by the WACC given or used. Consequently, the NPV would change, if the WACC is changed. When the WACC inclines, the NPV declines. Similarly, when the WACC declines, the NPV inclines. Question D [1] The internal rate of return is the rate of return, based on the discounted cash flows that a company can expect to earn by investing in the project. It is the interest rate that makes the NPV of the investment or project, equals to zero [the proposed capital expenditure equal to the present value of the

The Third Gender Free Essays

Kaleen Rodriguez ENC 1102 Exploratory Essay The Third Gender What is the role of the third gender in South Asia? How does Asian society identify the third gender? I walked into my best friend Joel’s room this morning extremely excited to have lunch with him after a long four months without seeing him and on my journey to his room I picked up a paper that was lying by his door. I picked it up and the title was â€Å"Hijra† as I continued to read this paper, it had me very intrigued, fast. It so happens that earlier that week I was talking to my mom about Pride Fest which is a LGBT festival here in South Florida. We will write a custom essay sample on The Third Gender or any similar topic only for you Order Now So, my question arose, how do others across the world view what we recognize as the LGBT community (Gay,Lesbian,Bi-sexual, and Transgender)? , and finding this paper only made my thought more concise, what is â€Å"The Third Gender†? In the west we have LGBT and we also have drag queens who are men who act as women for a short period of time under certain circumstances and it is acceptable. The definition of gender as a performative (Butler) is defined as how you act in your society. Doing research for this topic was significantly easy; finding various points of views was the harder part. Looking through scholarly essays I was able to find â€Å"With Respect to Sex: Negotiating Hijra Identity in South India† by Reddy, Gayatri and â€Å"The Hijras of India. †Ã‚   by Nanda, Serena. Two of which were my primary resources for what I am about to explain. In South Asia there is LGBT, but what they consider cross dressers, and transvestites are called Hijra’s which generally is considered a third gender role in India. Hijra’s are males who dress and act as females. There are rites of passage for becoming a Hijra. This rite of passage includes the act of removing the genitals and burying them in the ground which basically show they’re devotement to the Hijra life style, but less than 10% actually commit to eliminating their genitals (Gueste0d1c4). Hijra’s adopt female aspects and behavior. Some Hijra’s are sex workers and some are performers and that is how they earn a living, which causes them to live outside of the city in their own communities. The ones that live in the community and are sex workers live in worse conditions then those who are performers (Reddy, Gayatri ). By performer’s I mean Hijra’s do performances at weddings and festivals. All of their performances are focused and essentially done for Bahuchara Mata (Mother Goddesses), who is worshipped all over India. Mother Goddess is said to have given the Hijra’s a special place in Indian society, so because of this, all Hijra’s devote themselves to her. Overall besides the relationship with the Mother Goddess, the relationship that is most important in the Hijra community is the one with the Guru which is a master/teacher and also a Chela which is a disciple (Gueste0d1c4). Therefore, when a person wants join the Hijra community they are taken to a city called Bombay and become acquainted with one of the major Gurus, in total there are seven. (Reddy, Gayatri) Being on the outside looking in. What gives the Hijra’s power also eliminates their power in society because they emasculate themselves to prove they’re actually Hijra’s, but in that sense they could never be accepted in society because they could never be a man to produce children, which essentially is the role of a man. At times most Hijra’s are maltreated because of this. Hijra’s have rules under their own domain. The most prominent cultural aspect of the Hijra is the asexual description, although many Hijra’s are said to be homosexual (Nanda, Serena). They identify themselves as neither a man nor woman, being perfectly imperfect. As a Hijra, there are many times you might encounter a discourteous crowd and the way they show their response towards this is to lift their skirts or dresses and show their maimed genitals (Nanda, Serena). Taking a few moments in my day to question what the Hijra’s really feel do they feel that they are in the wrong body as many trans gender’s claim or do they just wish to be of the opposite sex? I wanted to see Hijra’s what they looked like, their gestures and all. I decided to YouTube a video on them and I was able to find it and many different answers to my question above. It came to my attention that more than half of the Hijra’s documented have been attracted to men from a very young age, or so they say. The first Hijra in this YouTube video began her story by saying that she always admired the woman lifestyle, wearing the gem in the middle of their eyebrows the clothing attire also known as a saree and as she grew up her walk became more feminine and the way she spoke only followed, basically insisting that she was born in the wrong body. Although, the other small percent in this video mostly agreed that as they grew up and were raised as a male, they just wanted to be like a woman but they are clear on the fact that they were or are men (Ambujablue’s Channel). Becoming more engaged in the Hijra lifestyle I googled as a form of research and I simply typed in â€Å"Hijra Culture† the first thing that arose was a link to a slide show done in 2007. Here I found the history of Hijra’s regarding the Karma Sutra (an ancient Indian text), which is said to have mentioned a third gender (Gueste0d1c4). This to Hijra’s must mean the world, mostly because it somewhat proves that they’re not just getting the transgender idea from the western culture, but that it has existed in the Indian culture long before. Being a Hijra was said to be a disturbing view to the South Asian society, but after India gained their independence the anti-Hijra law was removed. In many different places where I tried to find a statistic of how many Hijras there are, I could not find an accurate number but there is said to be somewhere between 50,000 to 500,000 Hijras in South Asia (Gueste0d1c4). There are two significant theory’s about Hijra’s, one is that every Hijra’s starts as a sex worker, then performer. The second theory is that they are always separate, either a sex worker or a performer never both. Rules only exist within their society, and once outside of the Hijra community these rules don’t exist; they are simply seen as a transgender person. The Hijra’s are very prone to being infected with HIV/AIDS because of being sex workers. Truth be told, that is how they make a living even though their living is not anywhere near a good standing. It is very difficult for a Hijra to be invited to perform in a wedding or a child’s birth, so being sex workers is their best option. Hijra’s are not only maltreated emotionally but also physically. Those who are completely against the Hijra culture abuse them, brutally. They beat them in their own homes, along the streets, in markets, even in police stations (Gueste0d1c4). Knowing this reminds me that this is something most transgender societies have in common, they are abused mostly verbally on the Western side but the physical abuse is still taking action. As I continued my research I attempted to find various points of view on the Hijra, little did I realize there are really only three; for, against, or nonchalant. I thought to myself well, most people in the Western society have altered their point of view to for or nonchalant on the transgender topic and are disclosing being against it. Meanwhile, maybe not as rapid but slowly, those on the other side of the world are adapting to this view or â€Å"Third Gender† as well. What I did as another form of research was conduct a survey in order to get a general outlook on what others believe or think about the Hijra. I surveyed a total of twenty people. Ten of which were my family and friends and ten who were complete strangers. The response I generally received was â€Å"whatever makes them happy† basically proving that the outlook is shifting drastically in comparison to a few years prior. I only received three responses out of twenty that were completely against the Hijra, and I also realized that those three people were all around the same age range which was 57-62. I believe that says something only because it is common that the older generations in our society are more likely to be against this â€Å"new† LGBT â€Å"trend† as they say. Only enforcing that as the generations increase it is becoming more accepted. All of this research has shown me that there is more to being a Hijra then what many of us know or think we know. It is something one must truly want and it is a decision you have to stick with no matter how challenging times may get. Works Cited: Ambujablue’s Channel, . â€Å"Documentary . † Youtube . N. p. , 2008. Web. 19 Mar 2012. http://www. youtube. com/watch? v=QntUgXwzZH0. Chisel, Jasmonae. â€Å"The Hijras of India†. Xavier University. Voice Lab no. 9. WorldPress. com Gueste0d1c4, India. N. p. , 2009. Web. 19 Mar 2012. http://www. lideshare. net/gueste0d1c4/hijra-culture. Meena Balaji and Ruth Lor Malloy. â€Å"Hijras: who we are† Think Asia, 1997. 32 pgs. Print. Nanda, Serena. â€Å"The Hijras of India. †Ã‚  Journal of Homosexuality  (1986): 35-54. Web. Reddy, Gayatri. â€Å"With Respect to Sex: Negotiating Hijra Identity in South India†. Chicago, IL: University of Chicago, 2005. 78-98. Print. Reddy, Gayatri. ‘Men’ Who Would Be Kings: Celibacy, Emasculation, and the Re-Production of Hijras in Contemporary Indian Politics. Social Research; Spring2003, Vol. 70 Issue 1. Print. How to cite The Third Gender, Essay examples

Personal Reflection Social Work Theory and Practice

Question: Discuss about the Personal Reflection for Social Work Theory and Practice. Answer: Introduction: In the past few weeks, I worked on a group project - Social Work Theory and Practice. The purpose of the group project was to accommodate with the person, in requirement of foods and provisions and to be familiar with society contribution and recognition of the concern at the local stage. We went into collaboration with a dine-in restaurant for the goal fulfilling and identified a day on which the project would be carried out. The goal was to acquire as much meals possible in exchange of contributions from the customers visiting the restaurant. The overall objective of out project was to participate into social work and link communities within the society to form a sort of social cohesion (Northen Kurland, 2013). All the group members decided to identify the kind of skills required for completing the project and committed to recognize the competencies we would acquire after completion. We expected to establish a relationship between the dine-in and the community shelter for whom we are conducting this project. We also aimed to create awareness so that other businesses adopt a similar model within the local community. We employed a postmodern social work critique (Fook Pease, 2016) by attempting to reform constructions within the civilization. It allowed us to monitor and identify with units in similar context and integrate their positive practices. We also decided to draw practice from feminist paradigm (Munson Saulnier, 2014) and use anti-colonial tactics to tackle with discrimination and worldly affairs. The work was divided into all the group members and my role in the project was to assess theoretical underpinnings and its relation to the outcome of the project. I also had to construct a presentation, draw up, and edit the final report. Our initial attempts generated no response after repeatedly trying. I then got in touch with someone who could help and has done this kind of social work before. The whole process was quite hard, and more than what was expected. It was difficult to find a willing party for the attempt and it was easier when I tried to find someone who had participated in such things before also. In addition, I got immense support from my group members, and all of them meticulously carried out their responsibilities, except two of them. I could not match wavelengths with them, and it hampered my progress and the projects too. I tried to cooperate with them as much possible, as I wanted the project to be a success. I tried to carry out my responsibilities as best as p ossible and support the theories in a proper way so that they can end up in an accomplishment for the project. After collecting the parts from everyone, I constructed an appealing project presentation and shared it with the team members. I tried to give in my best in the data collection process, however, I feel I could have done better in understanding the view points from which the others have completed their roles in the project. Because of that, it took some time for me to understand that instead of searching for some new dine-in, we should concentrate on someone who has the experience and is willing to repeat it. Reflecting on my whole experience of working in a community group project, I felt that I had a very positive experience and I was happy with the amount of things I have learned and experienced in the course of the social work project. I believe communities should follow our attempt and integrate such practices in their operations. It would help build teamwork skills and provide everyone with the experience that would help them work in a team in future or learn cooperation. It can be very beneficial too in the context of social and community work, at the same time preventing wastage of food at restaurants. It would also benefit by building social cohesion and interaction among members of the community. I expect this experience would help me grow professionally as it has helped me broaden my view about the importance of community service. It is a rewarding endeavor, helps bonding with group members, community members, and encourages advocating for the vulnerable and needy (Brown, Liver more Ball, 2015). References Brown, M. E., Livermore, M., Ball, A. (2015). Social Work Advocacy: Professional Self-Interest and Social Justice.J. Soc. Soc. Welfare,42, 45. Fook, J., Pease, B. (Eds.). (2016).Transforming social work practice: Postmodern critical perspectives. Routledge. Munson, C., Saulnier, C. F. (2014).Feminist theories and social work: Approaches and applications. Routledge. Northen, H., Kurland, R. (2013).Social work with groups. Columbia University Press. Bulmer, M. (2015).The Social Basis of Community Care (Routledge Revivals). Routledge. Cournoyer, B. R. (2016).The social work skills workbook. Cengage Learning. Fook, J. (2016).Social work: A critical approach to practice. Sage. Healy, K. (2014).Social work theories in context: Creating frameworks for practice. Palgrave Macmillan. Nicholson, L. (2013).Feminism/postmodernism. Routledge. Parrott, L. (2014).Values and ethics in social work practice. Learning Matters. Payne, M. (2014).Modern social work theory. Palgrave Macmillan. Reamer, F. G. (2013).Social work values and ethics. Columbia University Press.