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
54
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.
According to the text. Congress
选项
A、gives workers a chance for a fair hearing in federal court
B、grants Americans the right to sue for age-discrimination
C、vindicates the legal rights of Americans in federal court
D、waives the right of Americans to sue for discrimination
答案
B
解析
根据最后一段第一句“When Congress passed…,it protected Americans from discriminationon the basis of age”,B应为答案。
转载请注明原文地址:https://kaotiyun.com/show/pIoZ777K
0
考研英语一
相关试题推荐
Youarewhatyoueat,orsothesayinggoes.ButRichardWrangham,ofHarvardUniversity,believesthatthisistrueinamorep
JohnStuartMillarguedinthe19thcenturythatanindividualshouldbefreetodoashepleased,solongashedidnotharman
Humanlanguageisthesubjectofendlessscientificinvestigation,butthegesturesthataccompanyspeechareasurprisinglyneg
Humanlanguageisthesubjectofendlessscientificinvestigation,butthegesturesthataccompanyspeechareasurprisinglyneg
Icametofeminismthewaysomepeoplecometosocialmovementsintheirearlyyears:outofself-interest.Igotontheequalit
WhenGeorgeBushleftthepresidencyonJanuary20th,manyAmericanswerekeentoturnthepage.Theyhavewarmlywelcomedanew
Youarewhatyoueat,orsothesayinggoes.ButRichardWrangham,ofHarvardUniversity,believesthatthisistrueinamorep
Whydowealongwith75othercountries—alternatebetweenstandardtimeanddaylighttime?Althoughmanypeoplebelieveithasa
Wearethesumofouractions.Ibelievethattheactionsyoutakedeterminewhoyouare.But,yousay,Ihadanabusivefather/
随机试题
决定发病的关键因素是
A.夫西地酸B.磷霉素C.万古霉素D.链霉素E.环丙沙星可导致跟腱炎或跟腱断裂不良反应的药品是()。
在当代西方税收学界看来,设计和实施税收制度最重要的原则是()。
下列情形中,保证人可以行使先诉抗辩权的是()。
下列说法正确的有()。
“一国两制”的构想和国策包含的基本内容是()。
FriendA:Justcallmedad!MywifeandIhadourfirstbaby.FriendB:______.
下列关于接人技术特征的描述中,错误的是()。
Youmayhavenoticedthatthevoicesofpoliticiansseemtochangeastheyriseuptheranks.Nowscientists【B1】______thatbeing
Tofindoutwhattheweatherisgoingtobe,mostpeople【B1】______theradio,television,ornewspapertogetanexpertweatherf
最新回复
(
0
)