How might concerns of 5 years of litigation affect many plaintiffs considering a lawsuit?
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It may discourage or encourage people to take such a lawsuit, depending on the perspective that one looks at it from. In this case, the consideration would be on the whole process and the resources that entail the damage that has been made already. Also, a quality lawsuit involves several dimensions and portends several complications, especially if it is a case involving compensation. These are tailored around fees to lawyers, when summons and complaints are launched, and the fact that some cases can typically be dragged when there are other delays. Besides, any lawsuit that is worth winning requires tangible evidence and witnesses.
Instead of telling Hopkins to act more like a woman, what could Beyer have done to address the apparent discrimination against her in the candidacy process?
Beyer was at liberty to make consideration of any of the following:
- Organization of Gender Capacity and awareness-creation Workshop.
Several consulting organizations offering onsite gender awareness creation workshops should have been consulted to educate the PW employees on Gender discrimination issues and the rights of both sexes at the workplace. Besides, resources that teach the same should be stocked so that all employees would easily check through
- Advising to take legal action early enough.
The legal action Ann took after setting her firm was right. However, taking legal action while at PW when it was apparent it was her gender and not her potential that was inhibiting her to be selected could have saved the day and raised awareness in the organization long before. Also, Beyer should have been advised to take legal action against such discrimination in the ways described in the section that follows.
- Seeking a restoration to an alternative offer or position: This would certainly be relevant since the selection had been done. In any case, assurance for selection in the coming process would be assured.
- Restoration of likely lost benefit: In this case, Beyer would have advised Ann to take legal action with a focus to be compensated the benefits which would have accrued to him if she was selected into the program. Such benefits would, for example, include all the perceived allowances, vacation, and other privileges associated with the position.
- Hiring/ Promotion: This would entail seeking legal action that ensures that she takes the position she wanted and which she was sufficiently qualified for.
- Seeking Compensatory Damages: This will entail payment of legal fees that filing the case would cost her. In this case, she would seek compensation for any legal costs incurred in the process.
Research suggests that women, minorities, and others who experience organizational discrimination often start their firms, as Hopkins did. How might those negative organizational experiences be used to make the firms they start to be diversity-friendly?
The starting point would be the synthesizing of and the implementation of such research findings and recommendations. Much of these researches have the following recommendations, which should be adopted:
- Organizations of Workshops and capacity building understanding on gender issues and other forms of discrimination;
- Creating benchmarks of employments where sex ratio in employment is considered; and
- Implementing legal mechanisms that sanction discrimination.