...The Civil Rights Act of 1964 and Police Brutality. The Civil Rights Act of 1964 in a very important part of civil rights legislation in America. The Civil Rights Act prohibited discrimination based on religion, race, sex, color or national origin. The Civil Rights Act of 1964 stopped unequal requirements for voter registration and segregation in schools, the workplace and any other facility that provided services to the general public. The enforcement of the act was weak at the beginning, but strengthened over the years. Congress utilized its power to legislate under various parts of the Constitution, namely the duty to guarantee all citizens equal protections (Wright, 2005). The Civil Rights Act was initiated by President John F. Kennedy during...
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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: Stephany Dotson Subject: Title VII Civil Rights Act of 1967, Constructive Discharge Claims Date: 08/19/2014 A former employee has filed a claim against our company under Title VII of the Civil Rights Act of 1964, constructive discharge. Constructive discharge in the eyes of the court is when an employer makes the working environment intolerable, the employee then quits because of the intolerable work environment (http://business.laws.com/sexual-harassment/civil-rights-act-of-1964). The former employee is claiming that because of the policy change in work schedules for the production members he was forced to quit because of discrimination to his religious practices that we are requiring him to work on their religious holy day. The former employee did indeed quit shortly after the policy change and he was not fired. Our response to this current situation, with this former employee, is we can offer the employee his position back with our company with the requested holy days off and floating days for his religious holidays. His requests do not put a strain on our company and should be granted based off the Title VII of the civil Rights Act of 1964. As shown below similar court cases have established what an employer must do in a religious discrimination case. As stated in Title VII of the Civil Rights Act of 1964 “Employers generally should not refuse to allow observance of a Sabbath or religious holiday, unless the employer can show that...
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...To: CEO From: Elementary Division Manager Date: 01-07-2013 Subject: Constructive Discharge of Employee Brought to my attention by the company attorney, a former employee has filed a legal claim against the company claiming “constructive discharge” of religious discrimination falling under Title VII of the Civil Rights Act of 1964. The claim stems from an alteration in the previous production schedule to better support the company’s progress and development. The new schedule is requiring employees to work 12-hour shifts with four days at work and then four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production staff is required to work this rotating shift. Office staff members, however, work from 8:00 a.m. to 5:00 p.m., Monday through Friday. This rotation schedule would have the former employee to be scheduled to work on a holy day considered by the former employee. This policy of scheduling led the former employee to resign. This memo aids in addressing the current situation for the company by defining constructive discharge, reviewing Title VII of the Civil Rights Act of 1964, and providing recommendation that the company could conduct in resolving the current situation. Constructive Discharge Constructive discharge can be defined has when an employee’s work condition are so intolerable that would evolve into resignation by the employee (Dempsey and Petsche, 2006). This simply can be described as the employer...
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...Johnson the thirty sixth president of the United States of America. Known for signing the Civil Rights Act of 1964. L.B.J knew that colored people weren’t being treated like everyone else. L.BJ. saw how people of different races were lacking basic civil rights. In all honesty, why did L.B.J. sign the civil rights act of 1964. Was Lyndon Baines Johnson doing it all for himself or was he doing it for the people of the United States. Lyndon Baines Johnson passed this act because of principle. He was willing to lose everything to help these people. He knew it was the right thing to do. What inspired him to so it was probably what he experienced in his lifetime. Such as his teaching career in Cotulla, Texas, willing to lose the election, and free from the southern segregation policies. First of all Lyndon Baines Johnson was a teacher at Welhausen Elementary School in Cotulla Texas (Johnson 411). Lyndon Baines Johnson saw that Mexican Americans weren’t being accepted into society because of their race. L.B.J saw what how his students were going through the “pain of...
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...Equal Employment Opportunity and Employee Rights Review Learning Team B HRM 300 May 18, 2015 Professor E. Hardin Equal Employment Opportunity and Employee Rights Review The Civil Rights Act of 1964 prohibits discrimination in all employment decisions on a basis of race, religion, ethnicity, sex, and national origin (DeCenzo, Robbins, Verlhurst, 2013). Not only does it protect in employment decisions but it also ended unequal application of voter registration requirements. When the Civil Rights Act of 1964 was put in place it ended segregation in schools as well. If this law would not be in place equality in the workplace would not have been possible and many would not be in the place they are in their careers now. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (EEOC, 2015). EEOC also makes it illegal for anyone to discriminate against a person who has filed a discrimination complaint or someone that was involved in a discrimination investigation or law suit. With the law in place it gives the EEOC the right to investigate charges discrimination against employers that are covered by the EEOC law. When a person exposes any information or activity that is considered illegal...
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...trying to claim that he is a victim of constructive discharge under Title VII of the Civil Rights Act of 1964. As a legal concept, constructive discharge is relevant in this scenario since our employee resigned because he felt that we, as an employer, created a policy that affected his religious life and forced him to quit. The California Supreme Court states, “In order to establish a constructive discharge, the employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign” (Turner V. Anheuser 1994). Title VII of the Civil Rights Act of 1964 “prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin” (Find US Law, 1964). Because our organization consists of more than fifteen employees, we fall under this title and specifically in regards to religion in this situation. The EEOC, The Equal Employment Opportunity Commission, enforces Title VII and states that an individual must file a complaint of discrimination within 180 days of learning of the discrimination or the individual may lose the right to file a lawsuit. This employee did file in a timely manner so we are obligated to respond to his claim. I believe that...
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...of the Civil Rights Act of 1964. In order to control cost we are doing an initial response on how should the Human Resources and the Company’s Attorney should respond to the employees claim. A. Constructive Discharge How constructive discharge is relevant to this case? An employee filed a claim against the toy company under the Title VII of the Civil Rights Act of 1964 of Constructive Discharge. The employee was not happy about the change in the work schedule, which requires him to work on his religious holiday. The Toy Company existing work shift policy is starting 8:00 am to 5:00 pm, Monday through Friday. However, the new work policy for the beginning of the year would be a 12-hour shift from Monday through Sunday. According to USLegal.com, "Constructive Discharge is when working conditions are as intolerable as to amount to firing, despite the lack of a formal termination notice. (USLEGAL, 2001-2014)” The employee strongly felt that the new work policy would be very unpleasant or the conditions to work on his religious day would be unworkable, so he quit his job. B. Title VII According to the U.S Equal Employment Opportunity Commission, the definition of Title VII of the Civil Rights Act. “To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General, to extend the Commission on Civil Rights, to establish...
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...Toy Company USA| To:|John Johnny, CEO| From:|--- || Date:|7/9/2012| Re:|Constructive Discharge of Former Employee. Research and Response.| Comments:|Following your request to investigate how our company should respond to the recent claim by a former employee under Title VII of the Civil Rights Act of 1964 after our schedule policy change I have made several notes regarding how we should respond to their claim.A. Constructive Discharge: According to an article by the Denver Business Journal a person cannot sue for a constructive discharge. While this statement isn’t completely true, it is very difficult to prove Constructive Discharge, which means that an employee resigns because working conditions are so unpleasant or difficult that a reasonable employee would feel compelled to resign. The employee must provide evidence or notification, in writing, regarding the cause for them choosing to resign and then allow the employer fifteen days to respond, in writing, to those allegations. In order to prove that there was a constructive discharge the employee, or in this case the former employee, must “preponderance of the evidence that the articulated reasons are a pretext for discrimination” as noted in Duffy V. Paper Magic Group Inc. 1988. Also as noted in this case it is very difficult for the former employee to provide evidence that this was the case. In the United States Supreme Court decision in the Pennsylvania State Police V. Suders 2004 it was shown that the former...
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...Timeline EDU 324: History of American Education Timeline 2 Interactive Timeline I think the most significant event from my timeline was the Civil Rights Act of 1964. The Civil Rights Act of 1964 ended segregation in public places such as schools and prohibited discrimination in the workforce on the basis of race, color, religion, sex, or national origin. The Civil Rights Act was a stepping stone in changing the future of this entire country. President Johnson signed the act into law on July 2, “the Civil Rights Act of 1964, was the most comprehensive civil rights statute in U.S. history and one of the nation’s most significant pieces of social legislation” (Webb, 2014). If the Civil Rights Act had not passed into the law, this country would still be very much divided and segregation and racial discrimination would have continued. In 2008, the first African-American man, Barack Obama, was elected into the presidential office. In the upcoming election, a woman, Hilary Clinton will run for the presidential office. These major events in history would have never been possible without the passing of the Civil Rights Act of 1964. I think the most interesting person is my timeline is Anne Sullivan and how she became known as “the miracle worker”. Anne Sullivan had vision problems of her own and she began to work with Helen Keller when Helen was just 7 years old. Anne Sullivan had to work hard...
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...Social organizations in the novel are separated into two separate spheres. In the 1960s, social groups were separated into white privilege and african american poverty. In 1964 South Carolina, said classes were often split, unequal and an opinion of the author's own morals. In the 1960s, white and black social classes lived in two separate societies but coincided together. African americans often carried out actions for white families such as hard labour or serving as a help because they are deemed as lower and often demeaned. Monk Kidd writes, “Rosaleen had worked for us since my mother died. My daddy - who I called...
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...Constitution duly noted as the “Supreme Law of the Land” is probably regarded as one the most, if not the most important documents ever established. It laid the ground work for the future of this nation and through its influential power, has allowed this country to progress. The constitution was drafted in September 17, 1787 and enacted in March 4, 1789. Being over 200 years old, the Constitution has underwent 17 amendments. The first ten amendments are the Bill of Rights, with a 17 amendments making for a total of 27 amendments. These changes were due to the shifts of view and values of our society. Although the founders of the constitution could not foretell the future of our country, there was sense of understanding that the constitution was a much needed piece legislation to create a balance within the law. As we noted above, the constitution has evolved and will continue evolve over time. Jack Goldsmith, author of The Terror Presidency: Law and Judgment Inside the Bush and Administration and Robert Dahl, author of How Democratic is the American Constitution?, both have a working knowledge of the constitution, but in their various writings, have indicated that the constitution is not so democratic as it was intended to be. The Constitution should be respected by all individuals, and its administration and interpretation should be fair and just. Jack Goldsmith served as legal adviser to the General Counsel of the Department of Defense for the Bush administration from 2002 until...
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...Automobiles Workers v. Johnson Controls, Inc. 499 U.S. 187(1991) Pingping Wang Florida International University BUL6810: The Legal Environment of Business Abstract This paper is generally about the case analysis about the supreme court case Automobiles Workers v. Johnson Controls, Inc. based on the legal documents, such as the Civil Rights Acts of 1964, and Pregnancy Discrimination Act of 1987. This case is focus on the primary prospective of the Pregnancy Discrimination between the employers and employees, providing the elaborate and personal comprehension of this case issues, and then describes the inspiration refined from this case. Contents 1.Introduction 2 2. Case analysis 3 2.1 The procedure of the case receiving 3 2.2The related legal document analysis 5 2.2.1 The Civil Right Act of 1964 (Title VII) 5 2.2.2 The Pregnancy Discrimination Act of 1978 7 2.3 The causation analysis of the supreme court’s decisions based on personal comprehension 8 3. The inspiration of the case 10 4. Conclusion 11 Reference 11 Automobile Workers v. Johnson Controls, Inc, 499U.S.187 (1991) 1.Introduction Presently, the employment relationship is becoming a hot-button topic among the public, protecting the employees’ legitimate interest detailed reform and implementation in the field of the law. ...
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...American Civil Rights Background Timeline of events / Personalities 1860: Abraham Lincoln elected US president. * Made the Emancipation Proclamation in 1863, a law which would see the release of all slaves in America. * Belief that the slaves should be freed was a key factor in sparking the American civil war. 1861: The American Civil War begins at fort Sumter. * Fought between the United States of America, who opposed slavery, and the Confederate States of America, a new nation established by seven slave states in the south. * Not the only reason for the civil war, slavery was a key issue being fought over. 1865: The 13th amendment is passed, permanently outlawing slavery. * Shortly after the surrender of all confederate forces, ending the civil war. 1866: The civil rights act is passed by Congress. * The first to define US citizenship as well as state that all citizens were protected by the law. * It is expected that the act was passed, despite being vetoed repeatedly by President Andrew Johnson, in order to protect the rights of African-Americans. 1870: The 15th amendment is passed, giving the black man the right to vote. 1875: A bi-racial senate and House of Representatives passes the civil rights act. * Designed to protect all Americans in their access to accommodations and facilities such as restaurants. * Never enforced and was deemed unconstitutional by the Supreme court in 1883 1896: The Supreme Court introduces...
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...A Tireless Road1 A Tireless Road HIS204: American History Since 1865 February 10, 2014 A Tireless Road2 It was long and tiring for African Americans on the road to freedom. Slavery was abolished in 1865 but not as they had hoped. It took many decades for it to come full circle and be properly finished. There were so many people and events that finally led to the complete freedom and equality for African Americans. I believe that the most significant events that led to a final resolution were the Amendments and Civil Rights Acts passed and signed by our government. Although, it was hard for proper implementation of the laws at first, I believe that they were all extremely important building blocks for the movement to finally get to where it is today. The first event that started the Civil Rights Movement was the abolishment of slavery. Ratified on December 6, 1865, the 13th Amendment did just this, it restricted state power federally and outlawed involuntary servitude. What this meant is that nationwide, it was illegal to claim ownership over another person. “Although its full effect was not achieved for nearly a century, it began the process of dismantling involuntary servitude as a widespread form of labor relations” (Rutherglen, 2012). With that being said, this was the first real law of its kind, so its implementation was crudely regulated. Yes, slaves were free to now go about and live as they see fit, however, even with freedom they could not regulate their own...
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