Employment Law Paper
Tonya J. Sevion
BUS / 415 Business Law
University of Phoenix
Dr. Deborah Alsup, Instructor
April 1, 2008
Employment Law Paper
The Civil Rights Act enacted in 1964 (Title VII) was initiated to prohibit employment discrimination regardless of race, color, religion, sex, or national origin. In the early 1990’s employment discrimination legislation passed two major Acts. The 1991 Americans with Disabilities Act and Civil Rights Act. These amendments were to strengthen, as well as, improve Federal civil rights laws; to provide damages in cases of intentional employment discrimination, and to clarify provisions regarding disparate impact actions. While working at Muncie Federal Bank, as Teller in 1990, I was
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He was previously informed of the incident and was already prepared to take a unified stance with the Supervisor. He responded, “You need to learn to accept when you are given more responsibilities.” I explained that my complaint was not about job responsibilities but about gossip that creates a hostile working environment. He excused me from his office with no resolution and an impression to except this type of behavior, and be thankful for a job. Although the amended Civil Rights Acts, Title 1 Federal Civil Rights Remedies, Section 118 alternate means of dispute resolution, had not been introduced, there should have been mediation. Mediation would possibly resolved the interpersonal conflict, and issue of difference of labor and responsibilities. Also, the Civil Service Reform Act of 1978 already existed, which contained prohibited personnel practices, and promoted overall fairness in personnel actions. The CEO had an ethical to duty to perform and he opted to loose a valued worker instead. Unionization would have protected against unfair and unethical labor practices. The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) covers employees. The resolution that I must accept the working conditions was derived from fear of
This was just three years after Congress had voted down an amendment to Title VII to include age discrimination as an unlawful employment practice (www.eeoc.gov). In 1972, Title VII was amended to include the Equal Employment Opportunity Act which promises equal opportunities for all of mankind. The Rehabilitation Act was passed in 1973 which prohibits the Federal Government, as an employer, from discriminating against qualified individuals with disabilities. In 1976, in General Electric Co. v. Gilbert, the Supreme Court ruled that health insurance for employees providing sickness and accident benefits for any disability but those arising as a result of pregnancy did not constitute sex discrimination under Title VII (www.eeoc.gov).
Labor unions represent workers interests and the collective bargaining process provides a way to manage the conflict (Noe, 2003). More than ever, union employees have come to see unionizing as a way to achieve an
Title VII section 703 of the Civil Rights Act of 1964 (amended in 1973 and 1991) outlawed discrimination based on race, color, religion, sex, or national origin. Originally conceived to protect the rights of black men, the bill was amended prior to passage to protect the civil rights of all men and women. The Act transformed American
The Civil Rights Act of 1964 prohibits discrimination in employment on grounds of race, creed, religion, national origin, or sex. It withholds federal funds from discriminatory state and local programs. It authorizes the Department of Justice to initiate lawsuits to desegregate public facilities and schools and it outlawed arbitrary discrimination in voter registration and expedited voting rights lawsuits. It also barred discrimination in public accommodations engaged in interstate commerce.
Surebuild, Inc. is looking for a jackhammer operator for their company. Mei-Lin is the manager who will be over the hiring. An advertisement was placed stating that the candidates for the job were required to have a high school diploma; however nowhere in the advertisement did it indicate that experience was required. There are four candidates for the job, two meet the requirements of having a high school diploma, and two do not. The first candidate is Eric, he has experience on the jackhammer but does not have a diploma. Another candidate Felipe also has experience, however does not meet the requirements of having a highs school diploma.
The Civil Rights Act of 1964 “outlawed discrimination based on race, color, religion, sex, or national origin when hiring, promoting, or firing employees; in public accommodations and in all programs receiving federal funding”(Barnes & Bowles, 2015). The Civil Rights Act of 1964 created equal opportunities for everyone including women by making it illegal to discriminate. Because of this Act businesses can no longer refuse to employee an individual just because they are “black” or a “women.”
According to Title 7 of 1964 Civil Right Acts, set rules to protect from any discrimination of religion, gender, national origin, and color. There are 4 legalize elements that set for the Affirmation Action for the work force in the nation to follow such
The case of Griggs v. Duke Power (1971) brought to the forefront issues that Human Resource professionals may have to address within their organization. This case centered on disparate impact and disparate impact. Although these terms are used, interchangeable impact would prove to be significant in that case. This case centered around Duke Power openly discriminated against a protected class (blacks). In order to be hired into any department other than labor, the company required a high school diploma and/ or a passing score on two tests. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. Despite this passage,
Title VII of the Civil Rights Act of 1964 prohibits discrimination in many more aspects of the employment relationship. It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. The Act prohibits discrimination based on race, color, religion, sex or national origin. Sex includes pregnancy, childbirth or related medical conditions. It makes it illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions, and privileges of employment. Employment agencies may not discriminate when hiring or referring applicants. Labor Organizations are also prohibited from basing membership or union classifications on race, color, religion, sex, or national origin.
Manley & Benavidez (2008) noted that the social dilemma regarded the disproportionality of minority and other subgroups. The Civil Rights act of 1964 was established to prevent the unlawful hiring practices. Validity and sector issues were concerns in that unfair hiring practices presented a specific set
Since the social unrest of the 1960s, the federal government has been actively involved in preventing racial discrimination in the workplace. The most important law covering racial discrimination on the job is the Civil Rights Act of 1964—specifically, Title VII of that act, which strictly prohibits all forms of discrimination on the basis of race, color, religion, sex, or national origin in all aspects of employment. Written during a tumultuous period in American history when many people expected the federal government to right social wrongs, the law was a monumental piece of legislation that changed the American employment landscape.
The issue of discrimination is addressed by on the landmark Civil Rights Act of 1964, specifically Title VII. The act prohibits discrimination based on
The Title VII of the Civil Rights Act of 1964 is the keystone federal legislation in equal employment opportunity that covers disparate treatment and disparate impact discrimination and creates the Equal Employment Opportunity Commission. Disparate treatment or unequal treatment “refers to intentional discrimination and involves treating one class of employees differently from other employees” (Byars & Rue, 2004, p. 44). Disparate impact or adverse impact “refers to unintentional discrimination and involves employment practices that appear to be neutral but adversely affect a protected class of people” (Byars & Rue, 2004, p. 44).
In 1964, the Congress of the United States passed the Civil Rights Act. Title VII of this act prohibited employers from engaging in employment discrimination based purely on race, color, religion, gender and national origin. Such a national policy marked the beginnings of a culturally
Over the last seventy-five years labor related issues has went through a dramatic changed that affects today labor movement. During the 1930's the labor movement gained due to the abundance of labor, employers easily replaced workers. Labor unions were established in order for workers to get organized and bargain for their needs and rights. These unions were created because it was known that groups have more power in bargaining than individuals. "When large groups of employees make joint decisions, employers are forced to listen to their concerns. For example, if all the workers in a factory stopped working at the same time, it would be difficult to keep the company operating. Early unions in North America faced a difficult battle. Employers refused to accept the unions. The courts often declared the unions illegal. The National Labor Relations Act of 1935 and other laws required employers to bargain with unions. Political parties and other groups have also become involved with the labor movement" (Labor Movement). Understanding the legal ramifications involved both with and without a union is a necessity for all human resource professionals. I will address the differences and similarities in employee relations approaches in both types of environments. In addition reviewing key aspects of labor relations law and the collective bargaining process, I will address the purpose of the Labor Relations Act and what it provides for workers.