The Civil Rights Act Of 1964

Decent Essays

Based on the incidents Kim experienced, her lawyer should examine her situation as it pertains to the employment protections and regulations within Title VII of the Civil Rights Act of 1964. Title VII prohibits public and private employers from discriminating against employees based on national origin, race, color, religion, and gender. These anti-discrimination guidelines apply in every step of the employment process, from the initial recruitment and interviewing to terminating employment. In Kim’s case, her lawyer should examine both Kim’s allegations of employment discrimination and sexual harassment pursuant to Title VII regulations.
Employment discrimination as it relates to Kim’s promotion Kim alleges that Nadal College (NC) discriminated against her by promoting her newer, less experienced colleague (Pete) to a position working with male athletes in a living-learning community instead of her. Title VII could potentially classify this as disparate treatment, meaning NC treated her differently than Pete because she is a woman. However, in this case, NC could easily claim being male was a bona fide occupational qualification (BFOQ) because the job involved living and working with male students. In these cases, the law does not consider it discriminatory behavior to hire an employee of a specific sex because being male or female is essential to the job. With this exception in mind, Kim’s lawyer would likely not pursue the employment discrimination argument as it

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