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The Workplace and Title Vii By: Though racial discrimination was the initial focal point, its enactment affected every race.
The Civil Rights Act of prohibits discrimination in housing, education, employment, public accommodations and the receipt of federal funds based on certain discrimination factors such as race, color, national origin, sex, disability, age or religion.
Title VII is the employment segment of the Civil Rights Act and is considered one of the most important aspects of legislation that has helped define the employment law practices in this country.
Prior to Title VII, an employer could hire and fire an employee for any given reason. Title VII prohibits discrimination in hiring, firing, training, promotion, discipline or other workplace decisions.
Bennett-Alexander-Hartman, Fourth Edition, pp 85 Though it applies to everyone, its enactment was especially significant to women and minorities, who until its passage had limited recourse in harassment based discriminations in the workplace. The Equal Employment Opportunity Commission EEOC is the federal agency that enforces the federal laws, policies and regulations as it relates to employment discrimination.
Over the course of years, Title VII has been amended to reinforce its prohibitions to include pregnancy as a type of gender discrimination, jury trials, compensatory damage and punitive damages. Its amendments have also strengthened the enforcement policy of the EEOC.
An employer and employee need to be aware of those areas that are and are not covered by Title VII. It applies to employers, unions, joint labor and management committees as well as employment agencies whose functions include referral and training decisions among others. It applies to all private, federal, state and local governments who employ 15 employees or more.
An employer with less than 15 employees is not required to comply with the guidelines set by Title VII. Title VII covers all levels and types of employees. Inthe act was further extended to include United States U.
Title VII however, does not apply to the actions of those businesses that are operated on a Native American Indian reservation, a religious organization or a member of a communist party. For example, the Indian reservation can provide preferential treatment to other Native American Indians and a religious organization can hire those who only share their faith without fear of a discrimination claim being upheld in court.
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. Disparate treatment is considered intentional discrimination. It is "treating similarly situated employees differently because of prohibited Title VII factors".
Bennett-Alexander etal pp 95 Anheuser-Busch, Inc. In this case, an African-American woman was subjected to disciplinary action for committing the same infractions as three of her white co-workers.
In this circumstance there was a reasonable inference that the disparity in disciplinary action was the result of discrimination.Civil Rights Act essays Title VII of the Civil Rights Act of "bans discrimination, including sex-based discrimination, by trade unions, schools, or employers that are involved in interstate commerce or that do business with the federal government (Britannica 1)." The Civil Rights.
Civil Rights Act of Essay Words | 6 Pages. The Civil Rights Act of resulted from one of the most controversial House and Senate debates in history.
It was also the biggest piece of civil rights legislation ever passed. The bill actually evolved from previous . “Neil Gorsuch and Sonia Sotomayor Have Started Teaming Up to Protect Criminal Defendants”: Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at PM by Howard Bashman. The 13th amendment abolished slavery and the 14th amendment provided that representation would be determined according to the whole number of persons in each state, not by the “three-fifths” of the slaves.
"It is a virtual certainty that great victories will be claimed in the Cambodian invasion, and that the military will release reports of arms caches and rice destroyed, military bases demolished, and much killing of 'North Vietnamese,' i.e., people who find themselves in the way of an American tank or in an area bombed or strafed.
Title VI, 42 U.S.C. § d et seq., was enacted as part of the landmark Civil Rights Act of It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.