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
Finally, the third reason is a breach of warranty claim. The law implies a warranty by a manufacturer which places its product on the market that the product is reasonably fit for the ordinary purpose for which it was intended. If it is, in fact, defective and not reasonably fit to be used for its intended purpose, the warranty is breached. Ultimately, Nancy Denny won because the court found that defendant had, “breached its implied warranty of merchantability and that the breach was the proximate cause of Nancy Denny's injuries”. Ford may have avoided these liabilities had they marketed the vehicles manual towards off road only, or had they proved product safety was “reasonable” to drive in ordinary circumstances.
(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
Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based on religion. Religious discrimination is treating a person differently because of their religious
Title VII Rights Act of 1964 forbids employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin (EEOC, 1997). This law applies to federal, state and local employers. The above conditions may not be used to refuse to hire or for terminating an individual or in other words discriminate against any individual (EEOC, 1997). In order to release an employee in any of the above categories the employer must have documentation based on quantity or quality of production and the employer can also make this decision based on results of a professionally developed ability test, which cannot be used to discriminate (EEOC, 1997). If an employee feels they have been let go for an unjust reason they can file a formal
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,
The Title VII of the Civil Rights Act of 1964 can be found in the United States Code (Pub. L. 88-352) Volume 42.The basis of the act Title VII is to prevent employment discrimination against race, color, religion, sex and national origin. Title VII prohibits an employer from both (i) discriminating against an employee on the basis of sex, and (ii) retaliating against an employee for complaining about prior discrimination or retaliation. According to the U.S. Equal Employment Opportunity Commission, the purpose of the act is to enforce the
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
Title VII of the Civil Rights Act of 1964 states that it is unlawful for an employer to refuse to hire, discharge or discriminate against an individual because of race, color, religion, sex or national origin. Under Title VII sex discrimination is not unlawful if BFOQ can be proven as necessary for that position.
Laws against discrimination- Title VII of the Civil Rights Act of 1964 says that no person employed or seeking employment by a business with more than 15 employees may be discriminated against due to their race, color, religion, sex, or national origin (Lee, 1998). This Act
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