I. BACKGROUND:
1. FACTUAL BACKGROUND:
Racial discrimination continues to be a prominent problem in today’s society. It has been prohibited federally since the Civil Rights Act of 1964 (title VII). Despite being a law for over 50 years, major companies continue to have issues with racial discrimination. In fact, the most common type of discrimination employees report to the Equal Employment Opportunity Commission (EEOC) is racial discrimination. The U.S. EEOC enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies. Racial discrimination practices that are prohibited include hiring/firing, compensations, classifications, promotions, layoffs, recruitment, training/apprenticeship programs, and leave decided based on race. Federal Laws Prohibiting Job Discrimination (EEOC).
These racial discrimination practices comes at high cost for society. Large companies like Texaco, Coca-Cola and Merrill Lynch have had to pay millions of dollars to compensate the victims of race discrimination and to pay for their own responsibility in encouraging or allowing a discriminatory atmosphere to flourish in the workplace. However, these are the minimal costs because racial discrimination has much larger implications on society. An important component of a country’s development is the ability for it citizens to collectively contribute, however this is prohibited by discrimination (Winter). The fact
President Lyndon B. Johnson and President John F. Kennedy made many notable advances to outlaw discrimination in America. They fought against discrimination on race, color, religion, and national origin. Although the 13th, 14th, and 15th amendments outlawed slavery, provided for equal protection under the law, guaranteed citizenship, and protected the right to vote, individual states continued to allow unfair treatment of minorities and passed Jim Crow laws allowing segregation of public facilities. America would not be the country it is today without their effort to make this country better and of course without the help of the Civil Rights Act of 1964.
Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.
Before the Civil Rights Act of 1964, segregation in the United States was commonly practiced in many of the Southern and Border States. This segregation while supposed to be separate but equal, was hardly that. Blacks in the South were discriminated against repeatedly while laws did nothing to protect their individual rights. The Civil Rights Act of 1964 ridded the nation of this legal segregation and cleared a path towards equality and integration. The passage of this Act, while forever altering the relationship between blacks and whites, remains as one of history's greatest political battles.
The Civil Rights Act of 1964 was known as an end to racial segregation. It was brought about by a number of things including the effects of major events mostly involving riots. State and federal legislation needed it to be passed along with many social movements that influenced its decision. It is no question that it heavily changed America for the better by turning us into a melting pot and making us see that everyone should be treated as equals. It is important to remember that this act was not only beneficial to the time in which it was enacted, but it has affected our future by sustaining society. Today we continue to fight to outlaw discrimination within our nation, and thanks to the passing of this act we are able to be strong and help support the removal of unequal protection for all citizens. The general public has always deserved to be treated with the same rights that every White American is given. This act needed to be passed in order to see the harm we were causing by segregating people. America has grown so much since the act was established, and with it by our sides everyone can be able to have the rights they all truly deserve. Without this act in effect, the impacts on our country would be dire. We needed this act in order to flourish as one nation and continue to build movements against any discrimination.
Through the years, America has made an overall improvement in eliminating discrimination, inequality and slavery and focusing more on inclusion, equal rights, and equal opportunity. Despite a considerable improvement, there are corporations and individuals that often revert to archaic means of treating employees, creating hostile environments. Consequently, different advocacy groups and laws still remain in effect and continue to evolve to protect the citizens and non-citizens of the USA.
Slowly, society is changing its views about diversity. Beginning with strong legislation regarding anti-discrimination in the workplace, laws have been established, in the United States, from the Civil Rights Act and Title VII of 1964 (which prohibits discrimination based on race, color, sex, religion, and natural origin), Age Discrimination Act of 1967, Pregnancy Discrimination Act of 1978, and the Americans with Disabilities Act of 1990, just to name a few. These, and a multitude of other laws, have been created as a need to comply with equal opportunity employment objectives as well as a personal feeling of wanting to “do the right thing.” Now, many decades later, it’s not just doing the right thing but rather doing the “smart thing”. With a global economy, a technological revolution, and both customers and suppliers coming from diverse backgrounds, it makes
Dunlop sued Tennessee Valley Authority (TVA) under the Title VII of the Civil Right Act of 1964, and both under the Disparate Treatment and Disparate Impact. Dunlap feels that he has been discriminated during the interview process. The district court concluded that TVAs subjective hiring process permitted racial bias against the plaintiff and other black job applicants. Tennessee Valley Authorities was found guilty of discrimination against the plaintiff.
Title VII of the Civils Rights Act of 1964 is a U.S. federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. Title V11 applies to private and public universities, local, state and federal governments, labor organizations and employment agencies. Today, the conversation surrounding discrimination has increasingly been based on race and gender and has emerged as an issues that many employers are trying to address in workforce development. Unfortunately, there are other groups that have similar attention or protection under U.S. laws and if so, they are still facing discrimination. LGBT employees are a group that has received minimal attention when it
My mother was a police officer for almost twenty years. Women have long been subject to, and the subject of, discrimination. The Civil Rights Act of 1964 originally did not include gender in the bill’s wording. Were it not for a backhanded comment made in jest by a backward congressman, women would not have been afforded equal rights protection in employment (Freeman, 1991; 2004).
One of America’s greatest hallmarks is its constant drive for change and progress towards improving society. The Civil Rights Act of 1964 represents one of the most pivotal moments in American history that exemplifies this hallmark. The Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin. Not all Americans, however, welcomed this legislation. True to the U.S. Constitution and the Declaration of Independence, America was able to push forward and overcome resistance to the Civil Rights Act of 1964. The first challenge to the Civil Rights Act of 1964 came by way of a motel owner in Atlanta, Georgia who asserted that Congress had overstepped its authority under the Commerce Clause with Title
Title IIV of the 1964 Civil Rights Act forbids the discrimination in employment on the basis of sex, race, color, national origin, or religion by employers. So why it is that sex segregation is so rampant in the workplace still? Segregation is defined as the characteristic on which groups are sorted symbolized dominant or subordinate status and become the bases for differential treatment. It provides rewards for the dominating group in society and makes the minority group stay below. This process provides an illusion of equal but separate treatment for the people of the workplace. Making great strides since the 1960’s, woman to male inequality in the workforce has gone down, however it has not decreased enough. These laws have only been
In the past, discriminatory practices interfered with recruiting and hiring diverse subjects to fill employment opportunities in America. Therefore, in 1964, legislation passed the Civil Rights Act to prohibit employers from discriminating based on race, color, sex, national origin or religion. Under the law enacted, it does not matter if the discrimination is intentional or unintentionally, and the burden of proof falls upon the defending agency to prove its hiring and recruiting practices are related to job performance. For example, the Baltimore police department excluded 95% female and 32% Hispanic men because of a 5’ 7” height restriction (Gaines & Kappeler).
No one is born hating another person because of the color of his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite (622).
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
For centuries numerous races and minorities were faced with slavery and bigotry with little to no hope for equality, overt racism and sexism was practiced – both women and blacks had little to no rights. It was not until 1865 that business owners were no longer able to use slaves to run their businesses, and then in 1964, the Civil Rights Act created a bill to prohibit job discrimination on the grounds of sex, nationality, religion, race or colour to inhibit employer’s discrimination in the hiring, firing, wage and promotional processes – a rather optimistic promise. With that in mind, fast forward to 2009 and in the United States alone, the Equal Employment Opportunity Commission (EEOC) received 95,402 complaints of job discrimination (Huebsch). Evidently, the implementation of a law or two was nowhere near as ground breaking as is needed to make a considerable difference, the only recognizable shift has been from overt to covert