Pros And Cons Of Eeo Discrimination

     If an employee alleges discrimination in the workplace, they may file a complaint with the EEOC. As the claims process furthers, the EEOC will move forward and file suit in federal court if reasonable cause is shown and no conciliation is made between the employer and employee. If no reasonable cause is shown, the EEOC will send the employee a right to sue letter. In alleging discrimination, it is important for both parties to be aware of the theories by which a lawsuit may be brought. A discrimination lawsuit must fit under disparate treatment or disparate impact in order to be recognized under Title VII.

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

The filing of the charge triggers an EEOC investigation into whether or not there is reasonable cause to believe that the employer did in fact illegally discriminate against an individual in violation of Title VII, the ADEA the EPA and/or the ADA. There are no restrictions on the duration of an EEOC investigation, and the EEOC has the authority to inspect the employer's workplace, obtain employer documents, and interview witnesses. An employer may be asked to submit a written statement of position to explain its version of events. At some point in the investigation, a fact-finding conference might be held. Relatively informal, a fact-finding conference is attended by the charging party, respondent and necessary witnesses. No official record is made and witnesses are not placed under oath. Most employers bring counsel to the conference.

When defining, individual discrimination, institutional discrimination, and structural discrimination, I decided to use some of my pasted lecture notes. First, individual discrimination

The disparate treatment doctrine requires a plaintiff to demonstrate that an employer has treated some people less favorably than others because of their race, color, religion, sex, or national origin. Three provisions required to prove disparate treatment are (1) the plaintiff must establish a prima facie case of racial discrimination; (2) the employer must articulate some legitimate, nondiscriminatory reason for its actions, and (3) the plaintiff must prove that the stated reason was in fact pretextual. Proof of discriminatory motive is critical and may be inferred from the mere fact of differences in treatment. Proof may also be inferred from the falsity of the employer’s explanation for the treatment, (Walsh, 2010).

Mr. Vicks, with all due respect, the Title VII of the Civil Rights Act was passed due to racial discrimination. As an organization, we are prohibited from making hiring decisions based on age; color; disability; genetic information; marital status; national origin; pregnancy; race; religion and sexual orientation (Mathis, 2017). Not to mention, if the applicant or employee can prove that they were denied employment or promotion based on their race, they can present a disparate treatment claim with EEOC, especially if he or she had the qualifications.

The EEOC also administers and enforces the civil rights laws. The EEOC provides programs to prevent discrimination before it begins through programs such as education and outreach programs. They have the responsibility to provide guidance in all aspects of federal government equal employment opportunity program by assuring the compliance with EEOC regulations and providing. The role of the investigation is to fairly and accurately assess the claims and then make a verdict. If there was a positive discrimination case has happened, the EEOC will try to settle the charge, if not the EEO has the authority to file a lawsuit to defend the rights of individuals and the welfare of the public. If there is no case of discrimination, there will not be

Essentially, the case could go in light of the defendant. Despite the fact that Ms. Singleton did not prove that the offending conduct was sufficiently severe or pervasive to alter the conditions of her employment. Generally, we determine whether a work environment is sufficiently hostile by looking at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere insulting statement, and whether it unreasonably interferes with an employee 's work performance. It is established that simple teasing, offhand comments, and isolated incidents will not amount to discriminatory changes in the terms and conditions of employment. Title VII is not intended to serve as a workplace civility code.

In cases where the EEOC determines that there is reasonable cause supporting the employee’s complaint, the EEOC must attempt to eliminate the unlawful employment practice through the conciliation process. When the conciliation process is unsuccessful, the EEOC may file a civil lawsuit against the employer. On the other hand, if the EEOC determines that there is no cause to support the employee’s complaint, then the EEOC issues a notice of right to file suit. When the EEOC issues a notice of right to file suit

The U.S. Equal Employment Opportunity Commission was established July 2, 1965 and signed by President John F. Kennedy, and it was created by the United States Congress. The Equal Opportunity Commission Office is responsible for enforcing federal laws that make it illegal to discriminate against an applicant or employee because of persons race, color, religion, sex, nation origin, or age. The importance of this Equal Employment Opportunity Commission is to protect employees so they can’t be mistreated, and it also protects the employer from wrongful discharge lawsuits. All commission seats and post of general counsel to commission are filled by the United States President, subject to confirmation by the Senate. The Equal Employment Opportunity

According to press releases and Equal Employment Opportunity Commission (EEOC) lawsuit or settlement section the agency’s current priorities seems to be centered around cases where discrimination has occurred. Discrimination in the workplace is subject to federal laws as enforced by the EEOC and is strictly prohibited when based on an individual’s age, gender identity, race, religion, sex, skin color or sexual orientation (EEOC, n.d.). In order for enforcement of federal laws to take place, all claims have to undergo the EEOC complaint process. Once a discriminatory incident has taken place, then the next step is for a complaint to be file at the local or state EEO agency. Once that has occurred a investigation is initiated and ruling of the case has to be made within 180 days from the date it was initiated. If the complainant is unhappy with the ruling then they have 30 days from the ruling date or up to 300 days from the occurrence of the act to file a formal complaint with the EEOC (Mello, 2015).

The EEOC laws, or Equal Employment Opportunity Commission, are federal laws that enforce employers to not discriminate against applicants of any background. Discrimination by types such as age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment are all protected under the EEOC laws. It is also illegal for an employer to “discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” (EEOC , n.d.) The EEOC laws are to help serve justice and to create an equal work environment for people of any kind. The EEOC wants to accomplish the goal of having every applicant to feel at home without being discriminated against. These laws not only affect an employer hiring an applicant however; it affects them in firing, promoting, harassing, training, wages, and benefits. The EEOC’s role is to help find out if any applicant is being discriminated against and to help

The United States of America is a country with a history built on diversity and promise of opportunity. Striving to blend multiple cultures and sectors of individuals into a melting pot. However, some state that it has failed citizens, as even after a century of attempting to not see colour African Americans continue to struggle to be viewed as equal and not be discriminated against. In our modern day, "racially open" societies, racial profiling towards African American men can be witnessed frequently in their everyday life. American citizens have witnessed countless cases of police brutality and in recent unlawful murders of black lives, it has become a controversial topic among communities that have seen police brutality take place on their local newsrooms or in front of their homes. Over the past decade police abuse remains one of the most serious human rights violation in the United States. Police officers are trusted and expected to respect society as a whole and enforce the law, yet a great amount of the population feels unsafe because of the colour of their skin. Racism is a global issue that is widely conversed, yet it is still a growing concern amongst the nations of the world. Racial discrimination and/or can be defined as any action, whether intentional or not, based on a person’s race, which has the effect of imposing hate towards an individual or group. As the Universal Declaration of Human Rights states that “all human beings are born free and equal in dignity

Discrimination occurs when an employee suffers from unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. Employees who have suffered reprisals for opposing workplace discrimination or for reporting violations to the authorities are also considered to be discriminated against. Federal law prohibits discrimination in work-related areas, such as recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. (employeeissues.com, 2006)

Racism is the belief that one race is superior to another. Discrimination has been going on for generations among generations. Many years ago people of different races were divided from each other. Public places were segregated, colored people had to use specific water fountains, schools were segregated, and blacks had to sit at the back of the buses. If they were to disobey, then there would be consequences and repercussions. Equality was a figment of imagination, a dream the minority groups had. Throughout the years racism has decreased and many things pertaining to racism were made illegal, but that doesn’t mean racism disappeared. If people were to resume racist behaviors, that can lead the world back to the days of inequality.