...WEEK 4 TITLE VII OF THE CIVIC RIGHTS ACT OF 1964 & WORK LIFE BALANCE Determine which class protected by Title VII of the Civil Rights Act of 1964 had the greatest impact on the workforce of the 20th century. Next, determine which class might have the greatest impact on the workforce of the 21st century. Support your positions. The classes that were protected the most in the 20th century by the Title VII of the Civil Rights Act of 1964 would be African Americans, Women and LGBT (Lesbian,Gays, Bisexual and Transgendered). The initial reaction by most employers and educational facilities were to ensure that the quota margin was in place to hiring and enrolling a specific number of the traditional minority people, i.e, African Americans and...
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...Paul should pay the most attention to the Civil Rights Acts of 1964 and 1991, most notably Title VII. Title VII is “the foundation on which all other workplace nondiscrimination legislation rests.” (Mathis, Jackson, & Valentine, 2014, p. 78) As the groundwork for other legislation, Title VII clarifies protected characteristics, as well as defining what organizations these laws apply to. In addition to federal legislation, Paul needs to be very familiar with the Department of Labor and the Equal Employment Opportunity Commission (EEOC). These two bodies act as enforcement as well as provide guidance on laws and implementation of laws. Bumpbie currently does not have an extremely diverse workforce. There is great chance that this will change...
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...Martin Marietta Corporation that they would not accept job applications from women who had children that were preschool aged. However, at that time, the corporation was receiving and accepting job applications from men with children who were the same age. The corporation had a policy that denied the job applications of women with children because they were considered to be unreliable employees. This led Phillips to sue the corporation under Title VII of the Civil Rights Act of 1964, claiming that the actions of the Martin Marietta Corporation were discriminatory. When brought to the district court, it was held that there was insufficient evidence proving a gender bias within the corporation. This was because seventy-five percent of those who were hired for the position Phillips applied for were women....
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...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 at the 4/5th or 80 percent rules used in determining if there is adverse impact on minority groups such as blacks, women, or elderly. The 80 percent...
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...rejected, she brought this class suit under Title VII of the Civil Rights Act of 1964. Issues: 1. She was refused employment because she failed to meet the minimum 120-pound weight requirement and height minimum of 5 feet 2 inches. 2. Whether a rule expressly prohibiting women from assuming close-contact prison guard positions in maximum-security prisons most of which were all male violated Title VII. Rule of Law: Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. An 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 institute suits to protect constitutional rights in public facilities and public education...
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...Title VII is a very important part of legislation that was designed to prevent discrimination in the workplace; numerous amendments have been made to make the definitions easier to understand by clearly outlining inappropriate behaviors and actions. The following paragraphs will discuss the history of Title VII , the amendments, defining covered employees, disparate treatment, and sexual harassment. Policies that should be in effect in the workplace will also be discussed with the intent of further educating the readers. The History and Evolution of Title VII and its amendments (PDA, ADA, ADEA) Title VII was born out of the Civil Rights Acts of 1866 and 1964 and has grown to become the laws that almost all businesses must comply with. Title VII states that "it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex or national origin.” This title also makes it unlawful to "limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin" (Bennett-Alexander and Hartman, 2007). Title VII gave new rights...
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...According to the U.S. Equal Employment Opportunity Commission (2012), Title VII of the Civil Rights Act of 1964, as it appears in volume 42 of the United State code, states that it is illegal for employers to discriminate against employee within an organization in regards to race, gender, color, religion, or country of origin (Title VII of the Civil Rights Act of 1964, Editors Note, para. 1). Ivancevich and Konopaske (2013) also explain that within the code, employers cannot retaliate against an employee who alleges discrimination, as listed above, or any employee who is involved in a discrimination lawsuit. Organizations that are exempt from Title VII include employers and labor organizations that employ less than 15 employees or members, private membership establishments and various religious organizations (Ivancevich & Konopaske, 2013). The law encompasses several aspects of employment that include, hiring of employees, firing of employees, promoting and compensation (Ivancevich & Konopaske, 2013). The Civil Rights Act of 1991 amended several of the statutes enforced by EEOC. Under the previous code, jury trials were possible only in cases brought under the EPA or the ADEA. Under amended provisions, parties were allowed to obtain jury trials and recover compensatory and punitive damages in Title VII and ADA lawsuits involving intentional discrimination (Ivancevich & Konopaske, 2013). The Act also placed statutory caps on the amount of damages awarded for future...
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...proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally discriminating against him under both disparate impact and disparate treatment analyses and whether the TVA appeal to the District Court erred in each of these analyses could be legally supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII, alleging racial discrimination by the TVA. The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants (Walsh, 2010). The Appeals Court affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court’s award of damages and fees to Mr. Dunlap (Walsh, 2010). The U.S. Court of Appeals for the Sixth Circuit was to determine if the plaintiff, David Dunlap Dunlap, had met the burden of proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally discriminating against him under both disparate impact and disparate treatment analyses and whether the TVA appeal to the District Court erred in each of these analyses could be legally supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII, alleging racial discrimination by the TVA. The district court found...
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...Employment & Legal Issues: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Western Governors University Internal Memorandum To: CEO, Toy Company From: Student Date: November 3, 2014 Subject: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Constructive Discharge * A constructive discharge occurs when an employer "deliberately makes an employee's working conditions so intolerable that the employee is forced into an involuntary resignation." (Jenkins V. State of Louisiana Department Of Corrections, 874 F2d 992 (5th Circuit 1989, June 7) bullet point 12) * A constructive discharge generally happens when an employer creates a working environment/conditions that are so unbearable for a reasonable employee that would result for that reasonable employee to resign. * At the start of the year, the company implemented a new production schedule policy that required all production employees to work 4, 12 hour shift with the following 4 days off Sunday through Saturday. The policy was implemented to accommodate the company’s growth and production needs and it was not based on race, color, religions, sex, or national origin etc. A former employee has filed a constructive discharge claim against the Toy Company, claiming that he/she was decimated against based on religion by forcing he/she to work on their religion holy days. The working conditions have not been made unbearable...
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...involved in this incident is 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...
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...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 from the federal government. It also gave the Justice Department legal power to desegregate public facilities, including swimming pools, parks and libraries and is comprised of 21 titles. It prohibits discrimination on the basis of race, color, religion, and national origin, (La Prensa, 1997). In our module reading 75% of Heartland Corners white population has completed high school while only...
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...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 (EEOC) is in charge of enforcing Title VII...
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...Response to Title VII of the Civil Rights Act of 1964 claim made by former employee. A. Constructive discharge is defined as when a worker resigns due to a hostile work environment created by the employer (elaws, 2014). This can occur when an employer makes significant changes to the terms or conditions of worker’s employment (elaws, 2014). In the case of the employee who filed a claim, the work hours were changed to 12-hour shifts, with four days on and then four days off. The four workdays can occur any of the days of the week. The former employee claimed that the workday could be on a religious holy day. In this case, there is cause to claim constructive discharge. The work hours changed significantly from when the employee was hired. To determine whether constructive discharge was used in this employee’s resignation, there are two tests. First, a reasonable person in the employee’s position would find the working conditions intolerable, and second, the employer created an offensive work environment with the intent to force the employee to quit (Constructive Discharge, 2014). B. Title VII: Section703 of the Civil Rights Act of 1964 that applies to employment decisions; mandates that employment decisions not be based on race, color, religion, sex, or national origin (Gomez et al, p. 92). Protected class theory states that groups of people who have suffered discrimination in the past should be given special protection by the judicial system. Religious rights are one...
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...viewed as a termination. The given scenario is relevant to the legal concept of constructive discharge because it paints the picture of an ex-employee who resigned due to a new company policy change that would require employees to work on a religious holy day. The new policy requires all shift-work employees to work 12-hour shifts with four days at work and then four days off. The four required work days can occur on any day of the week, Monday through Sunday. B. Title VII: The candidate provides a logical discussion, with sufficient detail, of a protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario. The law, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the sole foundation of the person’s particular race, their color, their preference on religion, their national origin, or whether they are male or female. The protected category “Duty to Accommodate an Employees Religion”, under the Title VII of the Civil Rights Act of 1964 is actually relevant to the given scenario. The protected category discusses that an...
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...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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