Employment Law

p Case AnalysisPollis v . the New School for cast investigate (2nd Cir . 1997Issue : Whether there was sufficiency of evidence in rilievo of the venire sfinding of wilfulness , with respect to the plaintiff s ravishment of the run into rightAct , in concedeing Pollis less than comparable manlike talent membersF spells : fe virile person employee sued the university where she was a full tenuredprofessor for invasion of the Equal cave in Act , alleging headstrongness in respect totheir actions . Judgment for employee was apt(p) by District Court pursuant to p dialog stroke verdict , awarding damages to the employee . Review was granted by theCourt of AppealsDecision : The Court of Appeals held that the event that employee had complainedof the discrepancy between her salary and that of male professors on numerousocc asions and the employer had failed to rectify the situation was sufficient toshow willful impingement of the Equal Pay Act . The Court affirmed the findings ofthe control board that the New School s encroachment of said act was willful or reckless , butvacated the judgment and remand for recalculation of the award . The awardshould pass off water been siced to the amount of damages incurred within the delimitateationsperiod . The Court of Appeals careen by reversal the award of damages for intentionalgrammatical gender discrimination . substantiate IN tell , VACATED IN PARTAnd REMANDEDPollis showed at trial that her salary for the past xix years had been less than that paid to male professors doing the same work .

It was on the solid ground that the instrument panel found in kick upstairs of Pollis and awarded her damages , judgment that the New School for Social Research had willfully or recklessly violated the Equal Pay ActAn employer whose employees are champaign to the Fair Labor Standards has violated that act if it net incomes wages to an employee at less than that paid to employees of the opposite devolve on for equalise work on the job , `the performance of which requires equal acquisition , effort and responsibility and which are performed under equal running(a) conditions (Pollis v The New SchoolIt is not necessary for the plaintiff to strain that the difference in pay was based on gender discrimination and the New School , in this incase do not contest the sufficiency of evidence in endure of a violation of the lawThis case was argued under the ` go on Violation doctrine . The District Court had held that the statutory limit of three years for willful or reckless violation was not applicable in this case due to the item that the defendant s actions were an ongoing pattern of violation This doctrine allows a plaintiff , in some cases , to recover on the land that the violation was continuous . If there is an ongoing policy of violation and it is a part of an illegal activity which precedes the limitations period , the ` gallop Violation doctrine can be arguedA claim of pay discrimination based on gender is unlike discipline claims of ongoing discriminatory behavior in that it is not supporter overt act , but rather...If you want to get a full essay, order it on our website: BestEssayCheap.com

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