Question one
The legal allegations identified in the case are:
• Sexual harassment
• Racial harassment
• Retaliation against employees who oppose discrimination or who participate in a Title VII process.
Most importantly, these allegations violate Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.) as amended, which prohibits discrimination in employment in hiring, firing, compensation, and terms, conditions or privileges of employment based on Race, National origin, Sex, Religion and Color.
Employers of fifteen or more employees, including state and local governments are subject to Title VII, accordingly, this law applies to Ford which employs a total of 5500 employees in the two plants.
The term "discriminate" means to distinguish, or to offer different treatment people on the bases of color, race, national origin, sex or religion. This relevant statute makes it an unlawful for a covered employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment" based on race, color, sex, religion, or national origin. (42 U.S.C. §2000e-2(a)(1)). Hence, Ford Motor company can in no way discriminate against employees based on race which is numbered in the five categories of prohibition.
Further, Title VII's prohibition against sexual discrimination include sexual harassment. While it is not emphatically mentioned in Title VII, sexual
(a) The language of Title VII is not limited to "economic" or "tangible" discrimination. Equal Employment Opportunity Commission Guidelines fully support the view that sexual harassment leading to [477 U.S. 57, 58] non-economic injury can violate Title VII. Here,
Title VII of the 1964 Civil Rights Act forbids intentional discrimination based on several factors: religion, race, color, and sex or national origin. There are times, however, where discrimination can play a part in the decision-making process within businesses, especially within the public school system. The three-step procedures for Title VII challenges are very precise regarding the determination of intentional discrimination and are universal for all cases of alleged discrimination.
Ford vs. Wainwright case was of a man from Florida that was sentenced to execution because of his conviction of murder of a police officer during a robbery. Despite his argument of insanity, he was still thought to be eligible for execution. As he stayed in prison his mental state seemed to diminish. He became confused and delusional overtime and obsessed with the Ku Klux Klan. He felt conspired against and thought it was because others wanted him to commit suicide. He believed that the prison guards, part of the conspiracy, had been killing people and putting the bodies in the concrete enclosures used for beds. He believed that his female relatives were being tortured and sexually abused somewhere in the prison. He began to refer to himself as the pope and reported having appointed nine new justices to the Florida Supreme Court. Ford was appointed to a doctor that reviewed his illness, but Ford later decided not to work with him because he felt that the doctor also was part of the conspiracy theory. According to Farringer (2001), “Justice Powell 's concurring opinion, on the other hand, found that the appropriate standard is whether the prisoner is aware of the punishment she is about to suffer and the reasons she is to suffer it” (p.2441).
Title VII of the Civil Rights Act of 1964 made it employment discrimination unlawful. This provision addresses employment practices such as compensation, training, hiring, termination, promotions and transfers. This law also protects employees from retaliation by their employers if they make an accusation of discrimination. Discrimination on the basis of race, religion, sex, color, and national origin is not permitted (Ivancevich & Konopaske, 2013). The Civil Rights Act of 1991 is an amendment to Title VII. It clarified disparate discrimination language and addressed the legal proceedings and award entitlements regarding discriminatory lawsuits. This law also broadened the scope of EEO to apply to additional situations and people (Ivancevich
The last decade has produced an explosion of racial employment discrimination lawsuits. These lawsuits have resulted in record-breaking settlements. By federally mandating every business to review the history, impact and proposed policy of Article VII these lawsuits may subside. Reviewing Title VII is a step corporate America must soon make or continue to loose much needed revenue. Our team will discuss the history of Title VII, the impact of Title VII in the workplace, who is and who is not covered under Title VII as well as propose policies that companies should have in place to avoid Title VII violations.
Title VII of the Civil Rights Act of 1964 protects classes from jobs discriminating against them based on their race, color, national origin, sex, and religion. It is unlawful for an employer to refuse to hire or to fire an individual because of their class. Title VII provided employment equality for minority people seeking jobs. The EEOC recognized certain classes that could not be discriminated against. The racial group includes, African American, Asian, Caucasian, Native American, and a Pacific Islander. Closely connected with racial discrimination is discrimination against someone’s color. “Color refers to the color or complexion of a person’s skin” (651, Cheeseman). Racial and color discrimination go against Title VII.
Title VII applies to state and local governments with 15 or more employees and also applies to employment agencies and labor organizations including our federal government. Based on Title VII employment opportunities cannot be denied to any person based upon their race or perceived race or because of their marriage or association with a person or persons of a particular color or race. Title VII also prohibits employment decisions based on stereotypes and assumptions pertaining to the abilities, traits, or the performance of persons from certain racial groups. Title VII makes it unlawful to discriminate when recruiting, hiring, and promoting, transferring, also work assignments, performance measurements, the work environment, job training, discipline and discharge this also includes wages and benefits, and anything else including condition and the privilege of employment. Title VII not only prohibits intentional discrimination, it also covers neutral job policies that disproportionately affect any person of a certain race, color, nationality that are not related to the job and the needs of the
First of all, Title VII of the Civil Rights Act of 1964 is a federal regulation prohibiting employers from discriminating against employees based on national origin, race, sex, color, and religion (Follett, Ward, & Welch, 1993). This act applies to employers with 15 or more employees and serves as a mechanism to ensure equality within the workplace (Fraley, 2013). This case is a violation of Title VII from the aspect of retaliation. Retaliation occurs when an individual is treated differently after such things as, filing a complaint or engaging in a legally protected activity. It can range from demotion, terminations, salary reduction, or any negative job action. Second, the plaintiff should receive judgment for the claims of sex discrimination,
Charges of workplace discrimination is said to be at an all time high. During the 2015 fiscal year the U.S. Equal Employment Opportunity released information that claims there were more than 89,000 charges filed for workplace discrimination. One of the top ten charges is said to be retaliation, which had an estimate 39,757 cases in 2015, which is 44.5 percent of all charges filed. Retaliation is said to be in violation of the Title VII of the Civil Rights Act of 1964, For the purpose of this research paper I will provide the understanding of both Acts, while also taking a case that deals with to provide the basis of the case, the findings, and the outcome of the charges.
Title VII of the Civil Right Act of 1946 that is an important legislation which plays a significant role in defining the employment procedures in today’s workplace. Racial discrimination will continue to be prohibited by Title VII and it has sparked an increase in anti-discrimination awareness as it is designed to promote equal opportunities, equality, and promote fairness. As a federal law, it is unlawful for an employer to discriminate against a prospective employee from being hired based on gender, race, national origin and religion.
Racial discrimination has been a major issue since the colonial era and the slave era. In the aftermath of the Civil War, the United States abolished slavery and gave blacks the legal right to join the workforce. Workplace discrimination occurs when employers treat certain potential or current employees unfairly because of various issues, including age, race, gender, disability, nationality, religion and pregnancy. Discrimination also takes place when men and women working for the same employer do not receive equal pay for equal work. Under job discrimination laws, it is illegal for employers to engage in any of these practices. Blacks and other minority have faced many racial discrimination issues in the workplace such as harassment, landing a job, and not receiving promotions even if they have all of the qualifications. According to Heathfield, Human Resources Expert, The Civil Rights Act of 1964 (Public Law 88-352) outlawed the unequal application of voter registration requirements and discrimination in public facilities, in government, and in employment. Specifically, for employers, in the Civil Rights Act, Title 7 guaranteed equal opportunity in employment. The Civil Rights Act also established the Equal Employment Opportunities Commission (EEOC) to "promote equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws and through education and technical assistance”. Every employee and employer should be aware of
Discrimination in the workforce is not only illegal, but it has been the center of controversy for multiple cases throughout its existence. The purpose of this writing is to reflect on particular personal circumstances based around actual events. First will be a clearly defined section of the Title VII, Civil Rights Act of 1964, followed by a brief description of personal experiences involving discrimination, and concluding with a reflection as to how the American workforce is protected by law. The writing will cover any ethically related issues, personal thoughts and ideas, and illustrations of how the law pertains directly to personal events, as well as provide direct links to any and all reference material covered under the purpose of this writing.
Discrimination is covered by federal law, state law and company policy. Anti–discrimination laws make it illegal for an employer to take adverse action against you, especially if you are a member of a protected class. Employees may be protected by Title VII of the civil rights Act of 1964, the Americans with Disabilities Act and Equal Pay Act.
Abstract- Racial discrimination happens all the time and most of us are unaware of it. The most common place for this to happen is in the workplace. Now people can be discriminated against because of their race, religion, or any other numerous things. Also, discrimination can occur during the job interview or even after you got the job. This paper will shoe the effects of racial discrimination and how it can be prevented. In addition there are some very important laws that deal specifically with discrimination, like the NAACP or Affirmative Action. These both will be discussed.
According to “Civil Rights Act of 1964", under Title 7, there is the nation’s prime civil rights legislation, which is Civil Right Act of 1964, and the act prohibits employers from any kinds of discrimination toward applicants on the basis of race, sex, religion, color, and national origin. The act basically protects all the citizens from workplace discrimination and prove that the citizens should have same equal rights regardless their race, sex, or religion. Especially, the act is important because it is a fundamental policy that keep citizens safe in the