...The major role of the Equal Employment Opportunity Commission (EEOC) is to guarantee and promote equal job opportunities. The Commission enacted legislation prohibiting employment and workplace segregation based on people’s demographic characters. Some of the great laws against employment discrimination include the Civil Rights Act of 1964 and the Equal Pay Act of 1963 (Harvard Law Review, 2015). Due to the changing societal needs, the commission has enacted several other laws addressing these new employee requirements. For instance, the Commission proposed some amendments to the Age Discrimination Act. Successfully, the U.S Supreme Court upheld these proposed amendments terming them as an excellent way of promoting employee welfare. Despite the commission’s tireless efforts towards employment equality, some discriminatory measures are persistent in the labor department. Regardless of the government’s vigorous efforts towards promoting workplace gender equality, gender discrimination remains consistent. For instance, most employment cases filed in the courts of law are gender related. In spite of their academic qualifications and clear demonstrations that they can work as good as their male counterparts, women still face workplace discrimination. Notably, sex discrimination is not a predominantly female issue as it also happens to men (Harvard Law Review, 2015). However, male-related reported cases are entirely negligible. Societal culture and norms explain the unending gender...
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...Employment Law and Discrimination Ali Akbar LAW/531 February 2nd, 2016 University of Phoenix James Charnell Employment Law and Discrimination Johnathan Silverstein is suing Meredith Shaw for sexual harassment based on the fact that she put a “sexy screen saver” on his computer in which his supervisor seen and apparently used it as an excuse to deny him a promotion. The two were once friends and had played numerous of pranks on one another for several years. The only time that it went too far is when he felt like he lost a promotion because of it. According to The Free Legal Dictionary (2003) the federal courts did not recognize sexual harassment as a form of sex discrimination until the 1970s, because the problem originally was perceived as isolated incidents of flirtation in the workplace. Employers are now aware that they can be sued by the victims of workplace sexual harassment. An applicable defense, in this case, is that the behavior was unwelcome. However, the judge ruled that the Plaintiff took part in the action before, and the only reason he is doing something about it now is because he believes it cost him a promotion. The Plaintiff admitted that he had never told the Defendant to stop or that it made him feel uncomfortable. He also admitted that he did not inform the supervisor or the Human Resources Department about the Defendant’s behavior. According to The Civil Rights Act of 1964 Title VII, it makes no difference . . . Whether the person whose acts...
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...Employment Law and Discrimination: Sexual Harassment Maria Cullooyah LAW/531 – Business Law January 11, 2015 Aaron Kemp Introduction Although there are several types of discrimination, sexual harassment has become a serious issue, not only in the workplace but everywhere near and far. Sexual harassment affects not only the victim, but the defendant and colleagues. This type of law suit is a violation of both state and federal law. According to federal law sexual harassment violates Title VII of the Civil Rights Act of 1964. The Title VII law holds employers liable when there are inappropriate sexual advances in the workplace. In the video presented, there will be an analyzation of a case involving sexual harassment. Elements will be identified, applicable defenses, judge’s ruling, if there are any potential civil liabilities and a different case scenario will be addressed. Cause of action In this case, two employees who work for a computer company GHI-Soft. The Plaintiff, Mr. Silverstein, alleges that his co-worker Ms. Shaw is guilty for sexual harassment. Mr. Silverstein claims Ms. Shaw placed a sexual explicit screen saver on his computer at the same time he was up for a promotion. Due to his supervisor seeing this screen saver, he also claims this was the basis for him not being chosen for the promotion. After talking with Ms. Shaw, she claims that a solid friendship over the duration of employment had been formed or so she thought and Mr. Silverstein had never...
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...Discrimination and Employment Laws Stephen Moseley ETH/321 July 21, 2016 Shaune Arnold Introduction There are many types of discrimination that can be found in different types of work environments. Discrimination complaints could be caused by an employee being treated unfairly because of race, color, national origin, sex, or religion. The Equal Employment Opportunity Commission (EEOC) was established to enforce discrimination laws that have been set up to protect the employees from the different types of discrimination. One of the key forms of legislation to protect employees is Title VII of the Civil Rights Act of 1964. Unfortunately, sexual harassment is a common complaint in a work environment. Sexual harassment does not just have to include inappropriate unwanted touching. Sexual harassment complaints also include derogatory, suggestive, or rude comments, intimidation, and displaying inappropriate photos within the workplace which creates a hostile work environment. Sexual harassment cases are filed with the courts in every state. This paper is going to concentrate on the Alabama case Reeves v. C.H Robinson Worldwide, Inc. A brief background of the reason for the complaint, employer defenses, and the court ruling will be covered. A final topic will analyze if an employer responsible if the accused harasser was an independent contractor instead of an employee. The Case Only two female employees worked for C.H. Robinson Worldwide, Inc. Reeves was employed as the transportation...
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...Discrimination for the purposes of employment law is any workplace action such as hiring, firing, or demoting based on the prejudice of some kind. Walsh defines employment discrimination as the limitation or denial of employment opportunity based on or related to the protected class characteristics of persons. In my opinion, the three most important laws that regulate discrimination in employment are Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, and the Age Discrimination Employment Act. Title VII prohibits workplace discrimination on the basis of race, color, religion, gender, and nationality. Initially this act outlawed forms of discrimination against African Americans and women. The Americans with Disabilities...
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...Are U.S. Employment Discrimination Laws Outdated? American race relations were not always as tolerant as one might suggest. It took centuries of legislative actions, court decisions and evolving public policy to arrive where the United States stands today. Legislation barring discrimination against minorities in the United States is nothing new. The Fifth Amendment of the U. S. Constitution states that “no person shall be deprived of life, liberty, or property, without due process of the law.” The Thirteenth Amendment abolished slavery, and courts upheld that it bars racial discrimination. The Civil Rights Act of 1866 gave all persons the same right to make and enforce contracts and to benefit from laws. There were various laws and court decisions that made discriminating against minorities and women unlawful, but due civil unrest, Congress passed a multitude of new civil rights laws (Dessler, 2013). The Civil Rights Act of 1964 is the nation's benchmark civil rights legislation, and it continues to resonate in America. The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. It specifically states that it shall be an unlawful employment practice for an employer to refuse to hire or to discharge an individual or otherwise discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin...
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...Anti-Discrimination Laws Related to Employment BUS 670 Legal Environment of Business Administrative Assistant (Ft Worth, TX) In search of a full time administrative assistant. *About us: Partners in reading are a company that was established in 2000. We provide children with one on one reading support. In a structured environment that is web based the curriculum engages our students. This program also provides basic building blocks to supplement the children’s academic growth. *Summary of position: Partner in reading is looking for a talented administrative assistant to provide much needed administrative support. Your job description ranges from general office support to calendaring, expense reconciliation travel and planning for events and preparing board meetings minutes and follow us. The most qualified person for the job will have a strong work ethic. They will possess in performance with much attention to detail. The candidate will take imitative and apply their knowledge with little to no direction. Diplomacy, tact, calendar fluency travel arrangements and time management is a big part of the job. *Responsibilities: Office management Development and outreach coordinator Executive and administrative support *Qualifications: Bachelor’s degree or equivalent experience Two years prior work experience in a professional setting Great communication skills, organizational and interpersonal skills Excellent computer...
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...InterClean Enviro Tech Merger Paper Shari Arthurton HRM 548 LJ Elliot 2-13-2012 Introduction InterClean has begun a new shift in their strategic plan. The new direction of the company is one focused on a “solutions and service model” through the creation of “full-range service packages” that are designed to meet the individual needs of each client (University of Phoenix, 2012). In concurrence with the new strategic plan, Interclean has merged with Envirotech. InterClean has made a big decision by merging with EnviroTech, which will allow them to sell cleaning products and evolve them into an environment friendly full-service cleaning business. As with any merger, there will be the need to be an evaluation of the options available in relation to workforce planning that is aligned with the organizational goals of InterClean. Interclean will need to determine if rightsizing is a viable option. In the event of job elimination, a plan must be developed to ensure the process is conducted ethically and legally, and if there is an involuntary separation, what steps need to be taken. Viable Options Whenever there is a merger between two companies, it is up to the purchasing company to figure out a way to intertwine both workforces. In this case, EnviroTech has decided to shift their strategic direction to Interclean. The new strategic goal of InterClean requires a need to provide new training to...
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...Final Project Employment Discrimination Western International University The Federal and state employment discrimination laws prohibit employers from engaging in unfair employment practices, such as hiring, assigning projects to, promoting, compensating, terminating, or harassing employees based on their race, religion, sex, physical disability, national origin, or age. In addition, some states have also enacted employment discrimination laws prohibiting employers from discriminating on the basis of sexual orientation. Several federal laws protect employees from illegal discrimination. Title VII of the Civil Rights Act of 1964 forbids prejudicial employment practices with regard to color, religion, sex, race, or national origin. Title VII not only applies to employers, but to employment agencies and labor organizations as well. Title VII also created the Equal Opportunity Employment Commission (EEOC). Title 29 of the Code of Federal Regulations contains the regulations relating to the EEOC. The EEOC is responsible for implementing Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the Equal Pay Act, and portions of the Rehabilitation Act. The National Labor Relations Act protects employees from discrimination related to their participation in labor unions. The Act applies to both organized unions and acts by individuals who strive to obtain rights for a group of employees. The National Labor Relations Board oversees...
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...Employment Discrimination BUS 311: Business Law I Employment Discrimination Employment discrimination occurs to many groups of individuals and has been happening for many decades. In the U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons. Laws have been prepared to discourage discrimination from occurring. Equal opportunities laws aim to create a level playing field so that people are employed, paid, trained and promoted only because of their skills, abilities and how they do their job. Discrimination happens when an employer treats one employee less favorably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or a minority ethnic employee being refused the training opportunities offered to white colleagues. There are many types of discrimination. Direct discrimination happens when an employer treats an employee less favorably than someone else because of one of the above reasons. For example, it would be direct discrimination if a driving job was only open to male applicants. Indirect discrimination is when a working condition or rule disadvantages one group of people more than another. Indirect discrimination is unlawful, whether or not it is done on purpose. It is only allowed if it is necessary for the way the...
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...paper describes the U.S. Federal Laws and key topics of importance for compilation of a Zero-Tolerance Harassment policy. Introduction To prevent and eliminate misconduct, it is good business practice for Pomodoro, Inc. to implementing a zero-tolerance policy for harassment of any sort. Background U.S. Law requires employers to maintain a work environment that is free from harassment. According to the U.S. Equal Employment Opportunity Commission (EEOC) (2013), “Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.” It is important that our employees have the right to work in a professional and safe environment and that we provide them with guidance in accordance with current laws. Problem Statement Harassment...
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...Employment Law Compliance Plan --------- HRM/531 July 27, 2014 Professor ------- To: Traci Goldeman From: -------- Date: July 27, 2014 Subject: Employment Law Compliance Plan This memo will describe the employment law compliance plan I made for Bradley Stonefield. He’s going to open a limousine service company named Landslide Limousine in Austin, Texas. He plans to hire twenty-five employees in the first year. This Employment law compliance plan will make him aware of most relevant employment laws and consequences of noncompliance with said laws. All employment laws federal, state and city level are designed to protect employees legal rights. They make sure employees are treated well and provide guidelines to the employers on how to treat their employees. So, it’s extremely important for an entrepreneur to be aware of laws and consequences for noncompliance. Following are some most relevant Federal, state, as well as Austin city employment laws very organization must follow: * The Equal Pay Act of 1963 * The Age Discrimination in Employment Act of 1967 (ADEA) * Family and Medical Leave Act (FMLA) * The Civil Right Act of 1964 * The Texas Labor Code Anti-Discrimination Provisions * Austin City Ordinance No. 20120426-063 The Equal Pay Act Of 1963 This act was signed into law by President John F Kennedy on June 10, 1963. This act made it illegal to pay men and women working in the same place different salaries for similar work National...
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...Executive Summary There are laws related to every aspect of employment including many important ones that protect both applicants and employees against unfair treatment. The Civil Rights Act of 1964 was a key point in history and instrumental in protecting the rights of individuals from employment discrimination. Title VII of the legislation was designed to protect U.S. employees. This Title also established the U.S. Equal Employment Opportunity Commission with the intent to protect U.S. employees from discrimination as the body to enforce the provisions of the law. Equal employment opportunity was further enhanced in 1965 with Executive Order 11246 which prohibited federal contractors from discriminating against employees on the basis of race, sex, creed, religion, color, or national origin. Equal Employment Opportunity has been an effort to provide African-American, women, and other classes of individuals in society who did not have access to the same employment opportunities in both the private and public sector. The issues explored related to equal employment in the public sector are: • Oversight and Coordination • Scope of “Protected Classes” • Monitoring and Reports • Enforcement Equal Employment Opportunity Act of 1974 The U.S. Equal Employment Opportunity Commission (EEOC) provides oversight and coordination of federal equal opportunity regulations, practices, and policies. Equal Employment Opportunity Act of 1974, brought all state, local, and federal...
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...Daniel Theis 2/10/2015 Paper 2: Multiple Source Research Paper Draft 1 Racial Discrimination in the Workplace: Legal Aspect Racial discrimination poses a large problem in the American workplace. While it isn’t seen as much as it was in the 1960’s it is just as prevalent today. Discrimination can happen at any stage of employment whether it be hiring, promotion, assignments, or termination. The Civil Rights Act of 1964 established the Equal Employment Opportunity Commission (EEOC). The law states that is unlawful employment practice to discriminate based on race, color, religion, sex, or national origin. Despite these restrictions on employer discretion, discrimination consistently keeps happening because of the enduring rule of employment at will. This rule is contradictory because it gives employers the chance to terminate employees without just cause. Employment at will undermines the effectiveness of employment discrimination law in bringing race equality to the workplace. Ever since Title VII of the Civil Rights Act of 1964, the tension between employment discrimination law and employment at will has been noticed. The main goal of Title VII, the first employment discrimination regulations, was to protect against race-based disadvantages, particularly the disadvantages faced by African Americans due to racism at the time. It also prohibited other discrimination including gender, national origin and religion, but most specifically Title VII was a civil rights movement...
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...Different Types Of Employment Discrimination | Employment discrimination simply means imbalanced and biased treatment meted out to some employees on the basis of prejudice. This has been an important and grave issue of concern for companies across the world. Such discrimination occurs when an employer singles out any one employee or a group on the basis of age, race, gender, disability, sexual orientation, religion and other reasons. Workplace discrimination can take place in a number of forms that include illegal hiring and firing, on-the-job harassment, denial of a worker’s promotions or raises and unequal pay. For this reason, several laws have been created to protect the people from discrimination and retaliation from their employers. Read on to know the different types of discrimination in the workplace. Gender Discrimination Also known as sexual discrimination or sex-based discrimination, gender discrimination takes place when one gender is preferred over the other. In this case, one employee is treated in an unfair manner or inequitable manner by his employer, on the basis of the employee’s gender. Racial Discrimination Racial discrimination is the most common form of employment discrimination. Employees are treated harshly or differently based on their race or ethnicity. Though there are laws that prohibit employers to deny a job-seeker employment opportunity because of his/her racial group and characteristics, it is a common practice in most of the workplaces...
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