首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
考研
When Congress passed the Age Discrimination in Employment Act, it gave older Americans a broad right to sue for discrimination.
When Congress passed the Age Discrimination in Employment Act, it gave older Americans a broad right to sue for discrimination.
admin
2016-08-02
61
问题
When Congress passed the Age Discrimination in Employment Act, it gave older Americans a broad right to sue for discrimination. But the Supreme Court has narrowed that right with a 5-to-4 ruling that union members cannot file lawsuits when their contracts call for arbitration of age-discrimination claims. The decision, which reversed the court’s precedents, sets back antidiscrimination law significantly.
A group of New York City building-services workers sued after they were moved from positions like night lobby watchman to less desirable assignments, including cleaning jobs. The workers charged, among oilier claims, that they had been reassigned based on age.
The contract negotiated by the workers’ union required employees to submit claims of discrimination to binding arbitration. The workers sued in federal court, asserting that their job reassignments violated the federal age-discrimination statute and other laws. The employer moved to dismiss the suit, arguing that the union contract required that the claims be arbitrated.
The Federal Court of Appeals for the Second Circuit denied the motion, citing a 1974 Supreme Court case, Alexander v. Gardner-Denver Company. It held that collective bargaining agreements cannot waive workers’ rights to sue under federal antidiscrimination laws.
The Supreme Court reversed, in an opinion by Justice Clarence Thomas. In the majority’s view, the union agreed to the arbitration clause, and it was binding on all of its members.
The four dissenters, in an opinion by Justice David Souter, had by far the better argument. Rights that Congress grants, they argued, cannot be waived in a collective-bargaining contract. Union contracts represent group rights—and unions often sacrifice the interests of a minority of their members for the good of the whole.
Laws like the Age Discrimination in Employment Act give individuals a right to sue for discrimination -no matter what deal their union decides to strike for the workers as a group. The dissenters protested that the majority was too quick to abandon the well-established, 35-year-old precedent of Gardner-Denver.
The fight over who will hear these claims matters because workers who have been discriminated against are more likely to get a fair hearing in federal court than in arbitration. That is why employers are eager to arbitrate—and it may be why the court ’ s most conservative justices voted in favor of compulsory arbitration.
When Congress passed the Age Discrimination in Employment Act, it protected Americans from discrimination on the basis of age—and gave them the chance to vindicate that right in federal court. There is no reason to believe that Congress intended this right to sue to be so weak that unions could freely bargain it away.
It is implied that the Age Discrimination in Employment Act
选项
A、fails to effectively protect Americans from discrimination
B、calls for arbitration of age-discrimination claims
C、flies in the face of the earlier judicial decisions
D、impedes antidiscrimination law tremendously
答案
A
解析
根据第一段后两句可知,最高法院的判决限制了“the Age Discrimination in Employment Act”本应赋予美国人对年龄歧视进行起诉的权利。所以,A应为答案。
转载请注明原文地址:https://kaotiyun.com/show/iIoZ777K
0
考研英语一
相关试题推荐
JohnStuartMillarguedinthe19thcenturythatanindividualshouldbefreetodoashepleased,solongashedidnotharman
JohnStuartMillarguedinthe19thcenturythatanindividualshouldbefreetodoashepleased,solongashedidnotharman
Forthepastfiveyears,Dr.StephenPosthasbeenfundingresearchprojectsthattesthowaltruism(selflessness),compassion,
Icametofeminismthewaysomepeoplecometosocialmovementsintheirearlyyears:outofself-interest.Igotontheequalit
Usingonlyafewcomputers,researchersatthefederalIdahoNationalLaboratorymanagedtolaunchacyberattackthatcrippleda
Organizationsandsocietiesrelyonfinesandrewardstoharnesspeople’sself-interestintheserviceofthecommongood.Thet
Intheiridlemoments,historiansoccasionallyspeculateonhowtheworldwouldbedifferentifAdolfHitlerhadpassedtheentr
Intheiridlemoments,historiansoccasionallyspeculateonhowtheworldwouldbedifferentifAdolfHitlerhadpassedtheentr
Wearethesumofouractions.Ibelievethattheactionsyoutakedeterminewhoyouare.But,yousay,Ihadanabusivefather/
Wearethesumofouractions.Ibelievethattheactionsyoutakedeterminewhoyouare.But,yousay,Ihadanabusivefather/
随机试题
设则().
(2005年4月)_______,是指故意或者过失地实施危害不特定或者多数人的生命、健康或者重大公私财产的安全的行为。
特殊设防类(甲类)通信建筑包括()。
地处市区的某内资企业为增值税一般纳税人,主要从事货物的生产与销售。2019年1月按规定缴纳增值税200万元,同时补交上一年增值税20万元及相应的滞纳金3万元、罚款20万元。该企业本月应缴纳城市维护建设税及教育费附加()万元。
小组的方式对于残疾人建立自己的( ),参与社会、奉献社会也能起到重要作用。
为了创建企业文化,某单位计划购进一批图书分发到下属的4个部门,分发的图书数量与部门人数成正比。已知4个部门的人数分别为15人、20人、50人和75人,若总共下发的图书为l600本,则下发图书量最大的部门比下发图书量最小的部门多得了()
患有()人格障碍的个体在人际关系、自我形象和情感方面广泛存在不稳定性,并有明显的冲动行为。
若有如下程序:main(){intx[]={14,32,65,69,78,59},*t;t=x+5;printf("%d\n",*-t);}则程序执行后的输出结果是()。
Japanesefirmshaveachievedthehighestlevelsofmanufacturingefficiencyintheworldautomobileindustry.Someobserversof
Theycallthemthenewbreadearners.Theyarewomen,andtheyaresettotakeover.Womenarebeginningtorise【C1】______to
最新回复
(
0
)