...Although the Equal Rights Amendment itself has never been ratified by the states, it is far from the only legislation on the topic. A variety of other amendments, Supreme Court decisions, and laws work to establish and protect equal rights under the law. Many of these protect rights specifically on the basis of race, but many also include discrimination on the basis of sex, which is what the ERA aimed to do. The first of these acts dates back to July of 1868, when the 14th Amendment was ratified following the Civil War, and was the first piece of legislation that would provide equal rights under the law. It guaranteed that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;...
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...Forms of Discrimination against Women Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979 entry into force 3 September 1981, in accordance with article 27(1) The States Parties to the present Convention, Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex, Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights, Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women, Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women, Concerned, however, that despite these various instruments extensive discrimination against women continues to exist, Recalling that discrimination against...
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...Toy Company | To: | Chief Executive Officer | From: | | CC: | Company Attorney | Date: | 10/18/2014 | Re: | Constructive Discharge and Title VII | Comments: | This memo will explain: A) constructive discharge B) Title VII of the Civil Rights Act of 1964 as it relates to this particular complaint and in general C) recommendations for how the company should respond and also changes to avoid issues with Title VII in the future. | | | A: Constructive Discharge Constructive discharge is legally defined as “forcing an employee to resign by making the work environment so intolerable that a reasonable person would not be able to stay” (Prohibited Employment Policies/Practices, n.d.). Constructive discharge is usually recognized within the framework of the Civil Rights Act of 1964 Title VII as an illegal employment practice and is considered a form of wrongful termination (Prohibited Employment Policies/Practices, n.d.), even though it is the employee resigning from their position, as opposed to termination by the employer. An employee has filed a claim against the Toy Company under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. The employee is using constructive discharge as her complaint in regards to the Toy Company recently changing the production department work schedules. The company implemented a new policy in the production employees’ shift to four days on, four days off shift rotation schedule policy, as...
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...employment laws for Mr. Stonefield’s Landslide Limousine Company and there are four laws that I will outline for Mr. Stonefield to consider complying with in his new business venture. I will discuss in this memo the Civil Rights Act of 1964 regarding employment discrimination, The Americans with Disabilities Act of 1990 regarding people with disabilities, Equal Pay Act of 1963 regarding wage discrimination between men and women, and lastly the Texas Minimum Wage Act regarding the least amount of an hourly wage payable in the state of Texas. I will give a brief summary of each of the four Acts and consequences for noncompliance. Civil Rights Act of 1964 The Civil Rights Act of 1964 is regulated and enforced by the Equal Employment Opportunity Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, assistance, or subsidies The Civil Rights Act of 1964 applies to you. The EEOC “enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment” (The United States National Archives and Records Administration, n.d., para. 3). The Civil Rights Act of 1964 makes it unlawful for employers 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 or...
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...Equal Employment Opportunity "There are no ‘white’ or ‘colored’ signs on the foxholes or graveyards of battle" (John Fitzgerald Kennedy, Message to Congress, 19th June 1963). Two months after President John F. Kennedy assumed his role as the President of the United States of America he issued Executive Order 10925. This order first established the President’s Committee on Equal Employment Opportunity Commission. The mission of the committee was to end discrimination in employment by government and contractors (Cahn, 1995). Federal Discrimination laws were put in place to prevent discrimination based on race, religion, sex, national origin, physical disability, and age by employers. Discrimination includes bias in hiring, promotion, termination, job assignment, compensation, and various types of harassment. According to the United States Equal Employment Opportunity Commission (2011), it is unlawful for supervisors or managers in the workplace to make employment related decisions based on stereotypical assumptions about individuals of a particular national origin, race and/or color or for any employee to engage in bias motivated conduct that creates a hostile work environment for anyone. In today’s workplace environment it’s not uncommon to have people with different cultures, religion, races, nationalities, and genders for this reason frictions between people are expected. It is unbelievable that, to this date and age, when laws protect the employees from discrimination,...
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...Complying with United States Harassment and Employment-Related Laws US HARASSMENT REGULATIONS 2 Complying with United States Harassment and Employment-Related Laws 1. Equal Employment Opportunity Commission(EEOC): Managing a business in the United States, whether large or small, involves complying with numerous laws and regulations that protect employees from harassment and discrimination. “The U.S. 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. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. .” (http://www.eeoc.gov/eeoc/) The EEOC has the authority to investigate any accusations made against employers who are covered by EEOC laws (most employers with at least 15 employees). ”States are permitted to enact and enforce their own employment discrimination laws that include or expand the minimum protections afforded by the Federal laws.” (http://employeeissues.com) Since Pomodoro, Ltd., is a large multinational firm, it will need to abide by EEOC laws when operating within the United States. 2...
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...01/26/2014 It is an undeniable fact that, throughout history, the African American community has dealt with its fair share of discrimination. This is of particular historical significance to those living in the United States because it is an essential component of the founding of this country, and will continue to be a reoccurring theme in the curricula of educational institutions and in the headlines of current events. Historically, Africans were first brought into the Jamestown colony in 1619 for the purpose of harvesting tobacco (Slavery in America, 2012). Their arrival had a huge influence on the course of American history, so much so that it is no exaggeration to say that, without the presence of the African American people, our country would not be what it is today. Unfortunately theirs is a tale of enslavement and mistreatment, and with current-day discrimination still posing a threat to this particular race, it is impossible to deny that African Americans have weathered some of the most horrifying struggles possible. In many ways, the battle for freedom and equality is still very much alive, and, as a historian, I simply cannot ignore my duty to share the story of one of the most resilient races our country as ever known. Let us begin with some historical references on the matter of the African American community's experience in the United States. In terms of politicAfrican Americans were enlisted and were forced to join the Army when Civil War came but refused to because...
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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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...It is engraved in our constitution that “all men are created equal.” It is something we learn about at a young age. Yet it only states that men are created equal, not women. Many activists have been fighting for women to have equal rights and many are still fighting. Years ago, women were not allowed to vote, not allowed to hold jobs, and were simply thought of being the ones who stayed at home to be with the children. Now women can vote, have jobs, and do things men can do. With all the advancements towards equality, women seem to be taking a step back, because women are treated unfairly today. The United States Federal Government should re-ratify the Equal Rights Amendment (ERA), making sure all the 50 states accept it, because it will insure everyone will be treated equal. In this essay, I will briefly trace the history of women inequality and explain why it is a problem. Next, I will provide evidence as to how women are treated unfairly, and explain what the Equal Rights Amendment is. Lastly, I will explain how re-ratifying the ERA will guarantee equality for all, by eliminating women inequality. It has been over 100 years since the first women’s rights convention was held in 1864 and there have been so many advancements for women rights. The first Women’s Trade Union League was established in 1903, women gain the right to vote in1920, and Equal Rights Amendment was finally introduced in 1923. The ERA was what women in America were fighting for; something that would guarantee...
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...litigation in the workplace. Although conflict is by no means a new phenomenon, the elements of workplace conflict are becoming more convoluted as the years go by. Changes in employment laws mingled with how we live and the unpredictability of today’s economy have coalesced into convoluted answers to what used to be basic questions (Gilbert, n.d.). The result is a growing sense of unease among employees and an accompanying need to claim one's legal rights when conflicts arise. Misconceptions about employment laws, and employee rights often fuel this fire. Not to mention today’s society’s augmented recognition and approval of lawsuits as a probable and lucrative alternative to negative workplace situations (Gilbert, n.d.). It is therefore imperative now more than ever, that human resource managers (HRM) be well versed in what constitutes a claim and ensure that they are avoided. This memorandum will briefly describe the organizations that have established employee-related regulations, such as, the Department of Labor (DOL), the U.S. Equal Employment...
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...John 1 Professor Tucker English 124 24 November 2012 Discrimination across time Dear Reverend King, It has been over 40 years since you have fought for racial inequality here in the United States. Your work during the Civil Rights Movement has greatly impacted the minds and social ideas for just about everyone living in the United States today. Today many people are aware of the idea that a person should not judge another person based on the color of their skin, but rather the content of their character. Today many of the rules concerning segregation and racial inequality that existed during your time are long gone thanks to the Civil Rights Act of 1964 and many other laws against discrimination. Laws for segregation for things such as water fountain use, schooling, restrooms, park benches, buses, trains, and segregated seating have all disappeared. Racist name calling is now perceived inappropriate and un-American and interracial marriages are at an all-time high. It is quite evident that racial equality is much closer today than when you were alive despite what many people believe. In the year 2012 things are very different socially than in the early 1950s and 1960s. Children are taught at a very early age that racial discrimination and racism is wrong throughout the nation. In 1968 a documentary was released by PBS called “The Eye of the Storm” that taught young third graders that racial discrimination was wrong. The thing that made this documentary truly special...
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...to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition.” (United States Department of Labor) An employee is eligible if they have worked at least 1,250 hours during the last twelve months, the employer has over 50 employees, and they have been with their employer for twelve months. The employer is required to return the employee to the same or equivalent job and pay. The FMLA also allows extra leave for those caring for injured members of the military. The facts of the case are that employee A has been with Company X for two years and his wife prematurely gave birth to twins. After being on leave for eleven weeks, he has returned to work and has requested to be paid his salary while he was on leave. The new manager agrees to return him to his previous job at his previous pay. Since Company X has over 50 employees, it is required to abide by the FMLA rules. Under the FMLA, the employee is entitled to take up to twelve weeks off but is not entitled to be paid for his time off. The employer is correct in returning him to his original job and his previous pay. Company X has not violated any rules under the FMLA. Situation B: The Age Discrimination Act of 1967 prohibits discrimination for any employee 40 years or older in “hiring, promotion, discharge, compensation, or terms, conditions or privileges of...
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...1865 that the 13th amendment abolished slavery in the United States. The 13th amendment states that “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction”(13th Amendment to the U.S. Constitution: Abolition of Slavery (1865)). Although this amendment abolished slavery, segregation was still a major problem in America. On May 17th, 1954, the Supreme Court handed down its ruling in the Brown v. Board of Education case. The Brown v. Board of Education case of Topeka, Kansas influenced the path of...
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...whites. Being of African American decent and raising a African American son I can still see the systematic effects of segregation, discrimination and isolation. However, through the civil rights movements of the past African American have attained equal rights in the present. In this paper, I will take a journey through the historical timeline of slavery. In addition, I will discuss historical events from 1865 to present that ended segregation, discrimination and isolation to attain equal rights. Africans were shipped to North America as Slaves in the 1600's, by 1787 the writers of the United States Constitution decided that slaves will count as three fifth of a person when deciding how many representative each state will have in Congress. In 1820 the Missouri Compromise was designed to maintain the number of free and slave states. During that period there were many notable freed slave that played significant roles in the advancement of the slaves. Isabella Baumfree also know as Sojourner Truth played a significant role in equal rights for women and the fight against slavery. Sojourner fought for women rights in the early 1800's in New York and other states. She fought for desegregation of streetcars in Washington D.C.. During that time Blacks rode on the back of the buses and street cars. She was one of the early pioneers to fight for the right to ride up front with the white people. In addition, she...
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...Discrimination One of the challenges and issues in our work place is discrimination and it is impossible to prevent or correct discrimination without information about it. Therefore, the Equal Employment Opportunity Commission “EEOC “created a Manual that clearly addresses the importance of policy and procedures in case of discrimination. Based on the Commission's guide, employers are required to prevent and correct discrimination through legislation and efficient enforcement mechanisms in the work place. Discrimination has many faces but, one of the forms of discrimination which we need to have a firm understanding is refusal of standard rights to persons because of race, nationality, age and sex. Race It is against the Title VII of the Civil Rights Act of 1964 that an employer reject to accept an application or refuse hire, promotion, compensation, job training or any other employment privileges because of an employee’s race or color. The U.S. Equal Employment Opportunity Commission (EEOC) reports that it received 100,000 job bias charges during fiscal year 2012. Also, the EEOC has observed The number of people who filed race discrimination claims (33,512) increased in 2012 (Dipboye & Collela,2005).The EEOC indicated that in 2012, discrimination for certain racial minorities showed a deep impact in the current down turn of world of work. For example, in the United States, the unemployment rate remains almost twice as high for African-Americans relative...
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