...interoffice memorandum to: | CEO | from: | Robby Hinson | subject: | Title vii | date: | June 10, 2014 | cc: | | | | A former employee recently filed a claim against our organization in reference to Title VII of the Civil Rights Act of 1964. I researched and reviewed multiple case studies related to this situation and have provided a recommendation based on this research. For starters, Title VII of the Civil Rights Act of 1964 states that “It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.” (FINDLAW) This act was passed to help promote equal employment opportunities for females and minorities. The former employee feels that his rights were violated because he was required to work on what was considered a holy day based on his religion, however, there is no indication that the employee made the company aware of this issue. As you are aware, we recently implemented a schedule that would require all non-office staff to work twelve hour shifts on a rotating 4 days on, 4 days off work period. This schedule was made with no reference to time off for religious holidays. The claim against the organization stems from a former employee who was displeased with the new scheduling...
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...516 Module1 Case Study: Gelato EEO and HRM 2013 Professor: INTRODUCTION Companies operating in the United States need to be in compliant with Equal Employment Opportunity Commission (EEOC) regulations. There are many laws that are governed by EEOC regulations but in this paper, I will review Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA). I will apply these two laws to the Gelato company hiring practice operating out of Heartland Corners, U.S.A. With the data I have, I will evaluate if Gelato is in compliant with the Title VII of the Civil Rights Act of 1964 for hiring black and other minority groups in the local area. I will also explore their practices of hiring younger employees to determine if they are violation of the ADEA. Lastly, I will make recommendations for compliance with the Title VII of the Civil Rights Act of 1964 and ADEA if any or needed. THE ISSUE WITH GELATO Gelato is a larger cheese maker that distributes throughout the United States. Gelato is located in Heartland Corners, U.S.A. and employs approximately 200 hundred workers. Currently their employees’ racial make-up is 85 percent white and 15 percent other races. The population of Heartland Corners is 50 percent white and 25 percent African American with the other 25 percent mixed with Hispanic, Asians and other races. The question here is whether or not Gelato is violating Title VII of the Civil Rights Act of 1964 by not hiring...
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...forever. Most legislative bills passed in the sixties still remain today. The Office of Economic Opportunity (OEO) was created in August of 1964 by the Economic Opportunity Act. The OEO was a part of President Lyndon B. Johnson’s social and economic plans known as the “Great Society” and the “War on Poverty”. When it was created, the OEO coordinated the Job Corps, Neighborhood Youth Corps, work training and study programs, community action agencies including Head Start, adult education, loans for the rural poor and small businesses, work experience programs and Volunteers in Service to America. In the 1960 presidential election campaign John F. Kennedy argued for a new Civil Rights Act. The Civil Rights bill was brought before Congress in 1963 and in a speech on television on 11th June, Kennedy pointed out that: "The Negro baby born in America today, regardless of the section of the nation in which he is born, has about one-half as much chance of completing high school as a white baby born in the same place on the same day; one third as much chance of completing college; one third as much chance of becoming a professional man; twice as much chance of becoming unemployed; about one-seventh as much chance of earning $10,000 a year; a life expectancy which is seven years shorter; and the prospects of earning only half as much." The 1964 Civil Rights Act made racial discrimination in public places, such as theaters, restaurants and hotels, illegal. It also required employers to provide...
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...TUI University William A. Green IV Module One Case Assignment MGT 516: Legal Implications in Human Resource Management Dr. Kyle Steadham 18 August, 2014 Introduction For our module ones case assignment we will look at the Gelato Cheese Company. It has 100 employees at its principal processing plant. The plant crew is primarily young with 85% between the ages of 25 and 35. It is located in Heartland Corners U.S.A. which is comprised of 50% white and 25% African American with the remaining 25% Hispanic American, Asian American and others. The company requires a high school diploma for employment on its cleaning crew and the entire crew is white. Statistically, 75% of Heartlands Corners white population has completed high school while 25% of those in minority groups have completed high school. We will look to see if the company is in in compliance with Title VII of the Civil Rights Act (CRA) of 1964 and the Age Discrimination Employment Act (ADEA) and if the company should make any changes to their policies and why those changes are necessary along with recommendations. We will also discuss how Title VII of the CRA of 1964 and the ADEA may or may not apply and how disparate treatment and adverse impact may or may not apply. There is also a reference page at the end of the paper quoting references and a grading rubric. Compliance to CRA 1964 The CRA barred racial discrimination in businesses, voter registration, and in any program that received support...
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...Constructive Discharge: After conducting research on Title VII of the Civil Rights Act of 1964, it is important to understand the legal concept, “Constructive Discharge”, as it is extremely relevant to the employee’s claim. Constructive discharge is when an employee resigns from a job, claiming that the employer has made it impossible for the employee to continue working for the company. Because the resignation is not truly voluntary, it is considered termination or firing. In order to establish a constructive discharge claim, the employee must show reasonable evidence that the discharge occurred, also known as “prima facie”. To show prima facie, the plaintiff must show the following factors occurred: 1. The employee resigned directly because of a change in working condition or policy implemented by the employer (Niznik, 2012). 2. There was a “cause and effect” relationship between the resignation and the change in working condition or policy; both must have occurred within reasonable time of each other (Niznik ,2012). 3. Any reasonable employee would resign under the same circumstances because the change in policy or working condition was unbearable (Niznik ,2012). 4. The resignation was predictable – the employer intentionally implemented the change, knowing any reasonable would quit (Niznik ,2012). Although the employee can prove factors #1 & 2 occurred, it would be extremely difficult for the employee to prove that any other “reasonable” employee...
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...Civil Rights Act of 1964 Michael Cain ELA2603 - Administrative and Personnel Law Professor Zara Sette August 17, 2012 Abstract The Civil Rights Act of 1964 is the nation's benchmark civil rights legislation, and it continues to resonate in America. The basic tenants of this legislation prohibit discrimination on the basis of race, color, religion, sex or national origin and other protected classes as amended. Passage of the Act ended the application of "Jim Crow" laws, which had been upheld by the Supreme Court in the 1896 case Plessy v. Ferguson, in which the Court held that racial segregation purported to be "separate but equal" was constitutional. The Civil Rights Act was eventually expanded by Congress to strengthen enforcement of these fundamental civil rights (United States Senate - Committee of the Judiciary). In the 1960s, Americans who knew only the potential of "equal protection of the laws" expected the nations political leaders and the courts to fulfill the promise and guarantee of the 14th Amendment. In response, all three branches of the federal government, as well as the public at large, debated a fundamental constitutional question: Does the Constitution's prohibition of denying equal protection always ban the use of racial, ethnic, or gender criteria in an attempt to bring social justice and social benefits (National Archives, 2012)? The simple answer is no. The Civil Rights Act of 1964 In 1964 Congress passed Public Law 88-352 (78 Stat. 241). The...
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... | | | To CEO From Elementary Division Manager Re Constructive Discharge Complaint Comments: Earlier this quarter a former employee voluntarily terminated their employment with our company but has since filed a claim against our company alleging that the employee’s rights under Title VII of the Civil Rights Act of 1964, specifically constructive discharge, were violated. Title VII of the Civil Rights Act of 1964 was designed to protect the rights of employees within the workplace from instances of discrimination with relation to race, religion, sex, national origin and religion (Title VII of the Civil Rights Act of 1964). With this law came about the Equal Employment Opportunity Commission (EEOC) whose responsibility it is to enforce the provisions within Title VII and provide oversight and guidance to employers and employees with regard to this law. The EEOC has sent us notification that this former employee has made a claim under the constructive discharge area of Title VII. Constructive discharge is an employment situation whereby the employee feels that due to changes their employer has made with regard to any Title VII covered entity; they have no option but to resign. This act is relevant to the claim in that the claim stated that the employee felt he had no alternative but to resign. The employee believed that with the company’s new policy reflecting work/shift changes he would not be able to observe the Holy days required by his religion. In response...
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...Kelley Professor Keith Syska LEB 323 Final Paper Title VII, Fifty Years Later Introduction July 2nd, 2014 will mark the fifty year anniversary of the enactment of the Civil Rights Act of 1964. Title VII of the act made workplace discrimination illegal. However, fifty years later we are still debating the issue and there is overwhelming evidence that discrimination in the workplace still exists. Alarmingly, workplace discrimination claims based on race filed at the Equal Employment Opportunity Commission (EEOC) have reached record highs within the last three years. In 2010 alone, there were 93,727 charges reported to the EEOC . This article will review current law regarding discrimination by employers. It will determine if these laws are effectively preventing or reducing discrimination in the workplace. Finally, this article will explore what changes, if any, should be made to the law. I. Relevant Law Title VII of the Civil Rights Act of 1964 is intended to make illegal discrimination by an employer based on race, color, sex, religion, or national origin. Title VII applies to employers who have at least fifteen employees. Originally, the minimum was twenty-five employees until the Equal Opportunity Act of 1972 reduced the number to fifteen. The most recent modifier of Title VII is the Civil Rights Act of 1991 which kept the employee minimum at fifteen but allowed for monetary damage awards for victims of discrimination. The Equal Employment Opportunity Commission...
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...crew to have a high school diploma may be a violation of the Civil Rights Act of 1964. In addition, seventy-five percent of its employees are between the ages of twenty-five and thirty-five, which may be a violation of the Age Discrimination in...
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...pushes the issue of including sexual orientation discrimination in Title VII of the Civil Rights Act of 1964. In July 2015, the high profile case of Obergefell v. Hodges allowed the Supreme Court to interpret the Fourteenth Amendment in which it requires states to issue marriage licenses between two individuals of the same sex. Prior to the Supreme Court’s ruling on same-sex marriage, 37 states had legalized same-sex marriage. With legally issued marriage licenses, it will grant same-sex couples spousal benefits, but does not protect same-sex couples from being discriminated against at work in the private sector. Our country will allow same-sex...
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...Running Header: Harassment Name of Paper: Sexual Harassment Student’s name: Course number and name: SOC 402 Contemporary Social Instructor’s name: Gwendolen Stutler Date submitted: 23 November 2015 Running Header: Harassment This paper will discuss the effects of Sexual Harassment in the workplace and working environment. In today’s society and work environment, sexual harassment in no longer tolerated but as we know this was not always the case. In the past, sexual harassment was acceptable and in majority of the situation’s involved male supervisors using there positional power over female employees to make unwanted sexual advances. “Types of Sexual Harassment - Instances of sexual harassment generally fall into two categories. In the first type, usually called quid pro quo, the harasser explicitly or implicitly makes success in a job, classroom assignment, or some other situation contingent on the victim’s submission to the harasser’s unwelcome sexual demands. Harassers in this category include the supervisor who promises a raise or promotion in exchange for sex, or penalizes an employee who refuses, and the professor who rewards a student’s sexual compliance with a good grade on a term paper. In the second type, often labeled “hostile environment,” the harasser’s sexual conduct, whether verbal or physical, places the victim in a situation that a reasonable person would find offensive...
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...Dress Code Policies and Title VII Case Study HRMN 400 Introduction Employers have the right to enforce dress code policies in the workplace. They establish these dress codes to convey a certain image to their customers, to portray a professional image, to convey a neutral public image with respect to religion, or to enforce safety standards (Marcum & Perry, 2010). However, they cannot discriminate against their employees. Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against individuals based on race, sex, color, religion, ethnicity, and national origin (Dress, 2011). The employer must make reasonable accommodations for their employees’ religious beliefs, unless it causes undue hardship on them. A FedEx delivery employee, Christopher Polk, became a Rastafarian and grew dreadlocks to symbolize his new religion. This violated the company’s dress code policy. After several internal discussions with Polk, FedEx gave him two options. He needed to either cut his hair or be assigned to a different job, which had no direct customer contact and paid less. Polk refused both options and was terminated. He sued FedEx under Title VII of the Civil Rights Act of 1964, on the basis of religious discrimination (Bernardin, 2010). Position There are three criteria, which must be met before an employee can initiate a religious challenge against their employer. First, the employee must establish a sincere religious...
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...Behavior – Diversity Issues (Chapter Three) Study Guide Specific Diversity Issues 1. Gender Diversity in the Workplace 2. Race Diversity in the Workplace 3.Age Diversity in the Workplace 4.Religious Diversity in the Workplace 5.Employees with Disabilities in the Workplace 6. Sexual Orientation Diversity in the Workplace Gender Diversity in the Workplace The Equal Pay Act (1963) prohibits discrimination in pay based on gender. Title VII of the Civil Rights Act (1964) prohibits discrimination in all employment-related decisions based on gender Earnings Gap The median earnings of women who worked full time in 2008 was 79% of men working full time. One explanation is that women are more likely to have gaps in their résumés because they are more likely to take time off to have children Race Diversity in the Workplace Title VII of the Civil Rights Act (1964) prohibits race discrimination in all employment-related decisions. Yet race discrimination still exists in organizations Age Diversity in the Workplace Despite their positive workplace behaviors, employees who are older often have to deal with age-related stereotypes at work. For example, a review of a large number of studies showed that those between 17 and 29 years of age tend to rate older employees more negatively, while younger employees were viewed as more qualified and having higher potential (age discrimination is prohibited by the Age Discrimination in Employment Act of 1967) Religious Diversity in the...
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...individuals who feel they have been unfairly discriminated against in favor of a Caucasian (or white) individual, but there have been recent cases where whites have claimed that reverse discrimination has occurred—that is, the minority received unfairly favorable treatment at the expense of the white individual. Court rulings handed down through the years have determined that a company's responsibility not to discriminate based on race begins even before an individual is hired. Companies can be held liable if pre-employment screening or testing is determined to be discriminatory, if applications ask unacceptable questions designed to screen for race, or if the overall selection process is deemed to be unfair. One of the main indicators that racial discrimination has occurred in the hiring process involves the qualifications of the job applicants. While a slight difference in qualifications between a minority and nonminority candidate do not automatically indicate racial bias (if the lesser qualified nonminority candidate is hired over the minority candidate), a drastic difference in qualifications has almost always been upheld by the courts as a sure sign of racial discrimination. Racial discrimination is a high-profile issue in the business world and is a very real problem that still exists—and in some cases is getting worse. In a 1998 study by the nonprofit group Catalyst called "Women of Color in Corporate Management: A Statistical Picture," it was shown that minority women,...
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...to do something that is not favorable in the eyes of the majority, but the right thing to do for a minority group of people. In the proceeding pages, I will attempt to define the functions and role of law in business and society. I will discuss the functions and role of law as it pertains to a previous job. The Functions and Role of Law in Business and Society Cipollone brought suit against Liggett for violation of several New Jersey consumer protection statutes alleging that Liggett (and other cigarette manufacturers) were liable for his mother’s death because they engaged in a course of conduct including false advertising, fraudulently misrepresenting the hazards of smoking, and conspiracy to deprive the public of medical and scientific information about smoking. Liggett urged the court to dismiss the state law claims contending that the claims related to the manufacturer’s advertising and promotional activities were preempted by two federal laws: (1) the Federal Cigarette Labeling and Advertising Act of 1965, and (2) the Public Health Cigarette Smoking Act of 1969. (Melvin, p. 33, 2011) It can be said that Liggett was not about to get their hands dirty even though they were wrong in my opinion. I don’t understand how a large corporation is not found liable for the reckless endangerment and untimely death of Mr. Cipollone’s mother. I am of the opinion that society has the right to know what a product will do to you. I would like to use my previous company...
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