The Workplace and Title Seven Essay example

Congress amended Title VII in 1978 by passing the Pregnancy Discrimination Act and made it clear that discrimination based on pregnancy is unlawful sex discrimination. This legislation reversed the Supreme Court's Gilbert decision in 1976. Congress passed the Civil Rights Act of 1991 which overruled several Supreme Court decisions rendered in the 1980s that had made it more difficult for plaintiffs to prevail in their employment discrimination suits and to recover fees and costs when they won their lawsuits (www.eeoc.gov). The amendment stated that parties can request jury trials and those successful plaintiffs can recover compensatory and punitive damages in employment discrimination cases. This amendment has

Title VII was one of the major legislation that was a direct result of the civil rights movement in the 1960s. A famous civil rights leader by the name of Martin Luther King Jr. Was very instrumental in obtaining

The process of establishing if an action/policy is discriminatory can be very challenging. However, a number of theories seek to differentiate actions that constitute discrimination and those that do not. Disparate treatment Theory is amongst the most commonly used theories that have been used to ascertain whether an act or policy amounts to discrimination or not. The theory argues that one is subject to discrimination if they are treated less favorably than others are in similar situations (Bent, 2011).

According to Bennett-Alexander & Hartman (2015), disparate impact is defined as “treating similarly situated employees differently because of prohibited Title VII or other employment discrimination law factors” (Bennett-Alexander & Hartman, 2015, p. 64). It can be considered to be intentional discrimination, on the basis that the employee or perspective job applicant can demonstrate a difference in treatment by the employer without appropriate justification (Bennett-Alexander & Hartman, 2015). If an employee or perspective job applicant decides to file a lawsuit, then under McDonnell Douglas case, the employer must set up a legal test to consider all relevant factors, if the questions were answered and there is still no suitable justification then the only factors left to consider are age, color, gender, religion, national origin, or other protected category (Bennett-Alexander & Hartman, 2015).

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

Disparate treatment is the unlawful treatment of individuals that violates Title VII rights. The Different treatment of a plaintiff relies on direct, comparative, and circumstantial evidence to meet their burden of persuasion (Roberts, 2010). When individuals complain, they have been treated differently due to their protected class. They are claiming the organization has discriminated against them. For instance, this employee may state the firm only hires males at this facility. Upon investigation, the employer learns that the ratio of workers who are men is greater than women. At this point, the company may explain why the reason for hiring males is higher since women cannot perform these tasks as it may affect their well-being. Nevertheless,

The disparate treatment doctrine requires that any plaintiff must demonstrate that an employer has treated some group of people less favorably than others because of any protected classification to include their race, color, religion, sex, or national origin. According to Walsh, “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

The Equal Employment Opportunity Commission (EEOC) may take action when an investigation shows that there has been a violation in a person’s civil rights just because of his or her attributes.

The Civil Rights Act of 1964 was significant to African Americans because the act ended segregation in public places and ended employment prejudice based on the pigment of skin, national origin, gender, ethnicity, or/and religion. The Act was one of the most momentous events to impact African Americans on the account of bringing equality to minorities on paper and giving them opportunities to voice their political and community concerns. However, there were unforeseen consequences that added to the suffering of the community which they expressed through riots and protest marches in efforts to ensure their new protections were enforced. The advancement of the Act helped the African American civil rights group in their awareness and voice in government, made tremendous strides in their group, and contributed to other minorities to gaining equality. The Civil Rights Act of 1964 affected African Americans both positively and negatively through federalism, minority rights, and judicial review.

Equal Employment Opportunity Commission (EEOC) enforces the federal laws that make it illegal to discriminate against a job applicant or employee. An employer cannot discriminate due to a person’s color, religion, race, gender identity, sexual orientation, pregnancy, national origin, age (40 years or older), genetic information or disability. This applies to wages, harassment, training, benefits, hiring, and firing. EEOC’s role in any investigation of discrimination is to accurately and fairly take in the information of the charge and then make a finding. If the EEOC found that there was indeed a discriminating case then they will try to settle it. If the employer does not settle then the EEOC may file a lawsuit. (Overview.

The Civil Rights Act of 1964 is considered by some to be one of the most important laws in American history. (The Most Important Cases, Speeches, Laws & Documents in American History) This Act was signed into law by President Lyndon B. Johnson on July 2, 1964 and it is a “comprehensive federal statute aimed at reducing discrimination in public accommodations and employment situations.” (Feuerbach Twomey, 2010) Specifically, it aimed at prohibiting “discrimination on the basis of race, color, national origin, sex (including pregnancy), and religion.” (Civil Rights Act of 1964, 2010) Additionally, it also

The Civil Rights act of 1964 along with Title VII gives employees the option to sue business owners based on color, race, sexual orientation, and religion. This act, rules on the fact, that individuals can take action if a discrimination or harassment issues happens at the employer’s workplace. It expands Civil Rights statues to provide more protection against people who are victimized due to discrimination. It sets the guidelines for job related issues due to disparate impact or treatment issues. However, this act does not assure that everyone who faces discrimination will be employed because frankly he is a minority. If it is felt that there is a possibility of

While it is difficult for the younger generation to identify the idea of discrimination, the turmoil and the effect that the country endured continues to exist. Although the Civil Rights Act of 1964 took effect nearly 50-years ago, the racial discrimination continues to be an important point because of its representation which affected every gender and ethnicity. The purpose for writing Title VII was to ban the employment discrimination based on race, color, religion and national origin, it was also to prohibit discrimination in employment with 15 or more employees, employment agencies, labor unions, state and government agencies and federal government employment (BUSI LAW, 2017). Nonetheless, prior to Title VII, many employers have the right

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

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.