Question

discrimination. Will they be successful in their suitExplain. Craig v. Suburban Cablevision , Inc., 660 A.2d 505 ( NJ1995 ). 7. A power company began employing women as meter readers , and the job classification went from all-male to all-female within a few years. The labor union that represented bar gaining- unit employees negotiated a new collective bargaining agreement that froze wages in the meter reader classification and lowered the wage for new hires. There was evidence that the company president made comments concerning the desirability of housewives to read meters and that he admitted the contract was unfavorable to women. A number of women in the meter reader category filed a state court lawsuit against the employer and union for gender discrimination on the basis of state law and wage discrimination under federal law. The employer argued that the federal labor law preempted the state law gender discrimination complaint; therefore , the gender complaint should be dismissed. Is the state law preempted? Donajkowski vAlpena Power Co., 556 N.W.28 876 (Mich. App. 1996).

Answer 1

Answer:-

No. The court concluded that the state law discrimination claims are not preempted by the federal law. “First, the issues raised by plaintiffs involve rights that may not be waived by contract, i.e., the right to be free from sexual discrimination. Further, the issues raised by plaintiffs do not require interpretation of the contract, but raise primarily factual questions. Plaintiffs claim that defendant intentionally discriminated against them, as evidenced by defendant's conduct and statements, and claim that even if its conduct does not demonstrate discrimination, women were treated more harshly than men as a result of defendant's implementation of the new, otherwise facially valid, classification. Because neither claim requires interpretation of the contract, but an investigation into defendant's conduct and motives, we conclude that the trial court erred in determining that plaintiffs' claims were barred by the [federal law].”