Sarducci vs. Dawson's From the evidence, it is clear that both the EEOC and MCAD have jurisdiction in this case. - 1. Was the complaint filed in a timely manner? Yes, it was filed within 180 days of the alleged violation to comply with EEOC guidelines and within 300 days to comply with MCAD guidelines. The violation occurred on January 23, 2006, and the complaint was filed seven days later on January 30, 2006.- 2. Are the employer and employee subject to Title VII or related laws? Yes, the employer is covered by the Pregnancy Discrimination Act of 1979, which is an amendment to Title VII (15 or more employees for 20 or more weeks per year) and Massachusetts state law (6 or more employees). All employers covered by Title VII are covered by the Pregnancy Discrimination Act. Marie Sarducci is an employee under the law and not excepted as a political appointee or federal contractor. - 3. Is the complaint governed by Title VII or related laws? Yes, the complainant alleges pregnancy discrimination which is covered by the Pregnancy Discrimination Act of 1979, an amendment to Title VII, and a form of unlawful sex discrimination. This is also covered under Massachusetts law. - 4. Is the complainant entitled to lodge a request? Yes, because the person who reports is the victim who reports the discrimination. - 5. Was the complaint filed correctly? We assume this because both EEOC and MCAD personnel assist the complainant in the process.2. What definition would be appropriate for the facts of the case? From the facts of this case, it is clear that the appropriate definition of discrimination would be Unequal Treatment. Disparate treatment discrimination occurs when an employer treats individuals less favorably than others based on race, sex, color, religion, national origin, age, or disability status. At first glance, it appears that Sarducci was treated differently and subsequently fired once her employer learned she was pregnant. If true, this would be a direct violation of the Pregnancy Discrimination Act of 1979, which is covered by Title VII as a form of sex discrimination. How could a plaintiff prove a prima facie case? The plaintiff would have to make a prima facie case using comparative evidence showing that she was treated differently once it became known that she was pregnant, which is in violation of Title VII, specifically the Pregnancy Discrimination Act. From 1979.
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