Essay Sample on Females Face Discrimination in City Departments

Introduction

In December 1997, Skaarup was informed about removal of two departmental positions. The positions eliminated were held by two women. The deputy manager of the city Patrick Importuna was the person behind the elimination. There was a staff meeting and the chief of the fire department Massey said the union would intervene on the issue. He told Skaarup about how the city had created a discriminatory behavior on the female workers. Skaarup talked with captain Stephanie and Tarbett who was an engineer on their opinion about discrimination on women.

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In April 1998, he was accused of breaching the rules of conduct of the fire department. A disciplinary meeting was held, and later that month the new fire chief Robert Dodge upheld the charges on Skaarup. The fire chief rejected all the allegations made on the deputy city manager and termed union dealings as false. The chief explained that Skaarup comments were destructive and derogatory of the city management. In April 1999, the council of the city approved city department audit that led to the repositioning of Skaarup to a lower rank from a fire marshal to fire inspector.

Skaarup filed a lawsuit about the right of free speech violation, unfair dealings, breach of the agreement of loyalty and retaliation to him. Skaarup went for a conclusion of the free speech allegation while the city went for an altogether completion of the case. The district court refuted Skaarup allegations and went in favor of the city motion. The district court came up with a equal test to the first amendment value by Skaarup. The court ruled that Skaarup comments not acted upon posed any divisive impact on the public. The court called that the right of free speech by Skaarup was not violated, there were no unfair dealings, there was no breaking of the agreement of good faith and the audit was not a retaliation effort by the city.

Skaarup appealed to the circuit court of appeal. The court ruled in favor of Skaarup to protect his freedom to speak freely. The court commented Skaarup talked privately with professional women to get their point of view. They were his colleagues who were interested in the matter of fair employment opportunities. Skaarup did not act on the conversation they had shared on the information produced by the fire chief.

If I were a judge in this matter, I would sustain the allegations of Skaarup on the city. I would further request an investigation into the city activities. The police should also investigate the city governing council to confirm the allegations against them. I would refute the ruling of the domestic court and uphold the appellate decision since they took into consideration all of Skaarup complains.

Did I Find the Way the Court Found.?

The Ninth Council Court dissented the ruling of the district court. The court found out that the city had not demonstrated effective management and its reasoning of supporting harmony all through the workforce. The city argument did not surpass the first amendment interest of Skaarup in dealing with gender discrimination in the department of a fire. The view of the council court was the majority undermined critical facts of the first amendment value that diminishes the allegations of the city of disruption due to his comments. The balance shifted in favor of protection of the right to free speech of Skaarup since it did not consider every fact and give them the proper hearing it deserved. The city fire department should have investigated the matter and provided materials that proved the allegation baseless - an example like putting up a memo with all the names of female employees in the fire department.

Reference

Skaarup v. City of North Las Vegas, 320 F.3d 1040. (2003, February 28). Retrieved from https://casetext.com/case/skaarup-v-city-of-north-las-vegas