Statute and State Law Relationship Essay Example

Statute and State Law Relationship Essay Example Statute and State Law Relationship Essay Statute and State Law Relationship Essay In this case the employer fired a woman warehouse employee who was a heavy equipment operator. She had been rebuked in the past for disciplinary problems and had even been suspended. After she had a physical fight with an employee she was terminated. After termination she filed a suit under Title VII alleging that she was sexually discriminated against and was sexually harassed. The trial court did not allow the sexual harassment claim to proceed but the sexual discrimination claim was allowed to proceed to trial. At the trial, she presented circumstantial evidence showing that she was stalked by her superior, disciplined more severely than males, her disciplinary reports were stacked, she was discriminated against with respect to overtime assignments and supervisors used sex-based slurs against her.This was a mixed motive case in which both poor job performance and sex discrimination reasons had led to her dismissal.The regulation interpreted in this case was that prior to this judg ment in discrimination cases pretext theory cases were allowed to proceed without direct evidence. In pretext theory cases circumstantial evidence was allowed, but in mixed motive theory direct evidence was required. That is the employee had to show by direct evidence that sexual discrimination was the main motivating factor in her dismissal.However, in the Desert Palace case the U.S. Supreme Court unanimously held that an employee alleging a mixed motive theory of discrimination under Title VII does not need to provide direct evidence of discrimination (Smith S. 2003). In other words circumstantial evidence was admissible.This case has impacted the employment environment because now even if a woman is not performing up to the mark at work, employers are advised to refrain from sexually discriminating against her.Reference:Smith S. (2003) The Death of Summary Judgment. Retrieved on October 25, 2006 From: http://hennepin.timberlakepublishing.com/article.asp?article=764paper=1cat=147