...The Civil Rights Act of 1991 – How Does its Changes Affect the Workplace MMT 107-Human Resource Management APA Formatted Research Paper By: Anthony Barrera Submitted to: Mae Hicks Jones, Instructor 11/30/2012 Abstract The purpose of this research paper is to show what changes came from the passing of the Civil Rights Act of 1991. Topics that will be mentioned are topics that have to do with unlawful practices in the workplace, for example, discrimination against employee’s physical appearance, orientation, or disability, but also one’s own emotional and personal beliefs. This paper will mention three topics that the Civil Rights Act of 1991 will prohibit in the workplace which are discrimination, inequality, and harassment. Each topic contains sub topics that will explain more in detail each of the three main points. Research of these topics is helped by internet sources, as well as, textbooks. Authors like Chuck Williams, Nickels G. Williams, James McHugh, Susan M. McHugh, Robert L. Mathis, John H. Jackson and sources from www.eeoc.gov and the Encyclopedia of Business. The sources indicate what laws where placed by the United States government and what changes is brought to the workplace and employees. Also, authors indicate what rights employees have with the new laws placed and how they can be protected. Conclusion will recap how employees are protected by the amendment and rights they are provided by the government for a pleasant work environment, free from harassment...
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...Broderick Hill February 13, 2011 BUS211: Civil Rights Act of 1991 Summary The Civil Rights Act of 1991 is an act that is the combination of The Civil Rights Act of 1866 and 1964. This Act was made for employees that have sued their employers for discrimination and other issues. The history of the act is pretty short and to the point the act was an amendment for the 1964 Civil Rights Act to strengthen and improve the act so that it would cover up for damages in cases about international employers discrimination. The Civil Rights act also had Acts that came before it like the 1866 and 1964 Civil Rights Acts. These two Acts were passed about a one hundred years apart, and talked about the same topic “discrimination” but in a different way. This just shows how far we have come as Americans. The have been many changes because of this Act and what I mean by that is, that it have changed the lives of people. What would have easily been looked over many years ago is now brought to justice. Because of this Act we have cases like “The Patterson Case” which had employees who had been victimized by racial harassments on the job. This Act had been a vital part to Civil Rights issues that have come up through out the years, I’m glade that we have option to raise or voices and say that we have been mistreated treated by a company without being silent’s by silenced by the...
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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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...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 losses...
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...The purpose of this report is to describe three employment laws and the consequences of non-compliance. The three employment laws covered are Title VII of the 1964 Civil Rights Act, The Civil Rights Act of 1991, and The Americans with Disabilities Act; all three employment laws written about are an explanation of non-compliance. There is also an assessment on how an organization can ensure compliance with employment laws. Title VII of the 1964 Civil Rights Act Title VII of the 1964 Civil Rights Act was one law instated to ensure equal employment opportunities for all people no matter his or her race, religion, color, national origin, or gender. The 1972 Equal Employment Opportunity, Title VII states that showing any discrimination towards an employee by an employer bases on the applicants or employees race, color, religion, sex, or national origin is discrimination and will be viewed as unlawful. There are two major functions of the Act regarding discrimination: 1. Showing failure to hire an individual or refusing to hire an individual based on the terms outlined in the act are discrimination. In addition to the hiring process, relieving an individual from his or her duties within an organization, refusing benefits or compensation, changing one’s terms of employment or privileges of employment including any employment conditions of said employee based on race, color, religion, sex, or national origin is viewed as a company practicing discrimination. 2. Practicing...
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...of the Civil Rights Act of 1964. Within this paper, I will detail certain advantages and disadvantages of each individual regulation, along with personal points of preference and close examination of these historical regulations that have help shape the American work force and the counited definition that certain aspects of them have on major functions within America’s Human Resource Management force. Accompanying this paper will be personal sentiments and assessments regarding the Rehabilitation Act of 1973, Age Discrimination in Employment Act, and the Civil Rights act of 1991. Regulations Rehabilitation...
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...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. Civil Rights Act of 1964 and 1991: Title VII of this act prohibits discrimination in any aspect of employment on the basis of race, color, religion, national origin, or sex (gender). The EEOC was established to enforce this act. There have been executive orders and amendments to the Civil Rights Act of 1964 to help...
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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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...ASSESSMENT NAME: MEMORANDUM OF ADVICE STUDENT ID: xxxxxxx WORD COUNT: 2745 MEMORANDUM OF ADVICE TO: Ms Mary Elizabeth Braddon FROM: xxxxxxxxxxxxxxxx RE: Mr Kevin Hock- Unlawful Discrimination Based on Political Conviction DATE: 26 April 2015 I QUESTION PRESENTED Are the events as described by Mr Kevin Hock adequate grounds to pursue civil action against The Canberra Cycling Club under the Discrimination Act (ACT)? II SHORT ANSWER Under section 22 of the Discrimination Act (ACT), it could be circumstantially demonstrated that The Canberra Cycling Club committed an unlawful act of discrimination based on the political conviction of Mr Hock. However, there are limitations as to what action Mr Hock could pursue as detailed in the Discrimination Act (ACT) sections 71 and 72. In order for Mr Hock to be awarded damages, a judgement from the Tribunal would be required that the action was unlawful discrimination based on political conviction that is substantiated by the evidence presented. It would further have to be demonstrated that Mr Hock had been treated in a manner that was inconsistent with a manner in which other members of the club based on his political conviction. This is a point which cannot be adequately demonstrated on the balance of probabilities by the statement of facts provided. III STATEMENT OF RELEVANT FACTS The statement of relevant facts relating to Mr Hock’s claim of discrimination are: * Mr Hock has been an active member of the Canberra Cycling...
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...employment have had the greatest impact on the relationship between a business and its employees. Today, the EEOC enforces laws prohibiting discrimination in employment. The Impact of Law on Business Decisions The Equal Employment Opportunity Commission (EEOC) enforces the illegality of discrimination in employment due to race, color, religion, national origin or sex and retaliation against a person who claims discrimination. It encompasses pregnancy, conditions caused by pregnancy or childbirth, disability and genetic tests of individuals or their family. Affirmative Action was later added, which required businesses to prove employment of women and minorities. A Timeline of Civil Rights One only needs a brief history review to understand why some laws exist today. After the Civil War, state and local laws forced a separation of the races. This was upheld in the Supreme Court case of Plessy v. Ferguson. In 1896, the Supreme Court determined that ‘separate but equal’ was indeed, constitutional and upheld laws requiring segregation of races in restaurants, public restrooms, train cars, and drinking fountains, schools, separate entrances into buildings, and much more. Separation was the law’. (www.en.wikipedia.org/wiki/Plesssy_v._Ferguson)....
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...certain legal restrictions that should always be considered in the planning process particularly as it relates to human resources planning. Title VII of the Civil Rights Act of 1964 prohibits discrimination on grounds of race, color, sex, religion or national origin. Considerations on the sexual deviations that prevent its employment or promotion, too, is a violation of Title VII of the Act (SEC. 2000e-3.Section 704). A former employee of our company has filed a claim against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, after a work schedule policy change. The employee alleged that the enforcement of the company’s new policy on shift work is discriminatory because the policy requires employees to work on a religious holy day. Agreements with trade unions, too often impose legal restrictions on the program of Human Resources, as they are specified questions about promotion, kind of work for certain categories of employees, wages, the procedure for resolving conflicts, etc. The leaders that govern the activities of workers - union members need to know all aspects of the industrial relations system in their organization. All managers and administrators should receive appropriate training in the legal constraints imposed by agreements with the unions. Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees and prohibits discrimination on the basis of race, color, sex, religion or national origin. Title VII...
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...Supreme Court of the Philippines Batas.org G.R. No. 109125 EN BANC G.R. No. 109125, December 02, 1994 ANG YU ASUNCION, ARTHUR GO AND KEH TIONG, PETITIONERS, VS. THE HON. COURT OF APPEALS AND BUEN REALTY DEVELOPMENT CORPORATION, RESPONDENTS. DECISION VITUG, J.: Assailed, in this petition for review, is the decision of the Court of Appeals, dated 04 December 1991, in CA-G.R. SP No. 26345 setting aside and declaring without force and effect the orders of execution of the trial court, dated 30 August 1991 and 27 September 1991, in Civil Case No. 87-41058. The antecedents are recited in good detail by the appellate court thusly: "On July 29, 1987 a Second Amended Complaint for Specific Performance was filed by Ann Yu Asuncion and Keh Tiong, et al., against Bobby Cu Unjieng, Rose Cu Unjieng and Jose Tan before the Regional Trial Court, Branch 31, Manila in Civil Case No. 87-41058, alleging, among others, that plaintiffs are tenants or lessees of residential and commercial spaces owned by defendants described as Nos. 630-638 Ongpin Street, Binondo, Manila; that they have occupied said spaces since 1935 and have been religiously paying the rental and complying with all the conditions of the lease contract; that on several occasions before October 9, 1986, defendants informed plaintiffs that they are offering to sell the premises and are giving them priority to acquire the same; that during the negotiations, Bobby Cu Unjieng offered a price of P6-million while...
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...Gale Encyclopedia of Small Business: Racial Discrimination http://civilliberty.about.com/od/raceequalopportunity/tp/Racial-Discrimination.htm Racial discrimination is the practice of letting a person's race or skin color unfairly become a factor when deciding who receives a job, promotion, or other employment benefit. It most often affects minority 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...
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...Women of the Civil Rights Movement: The role of women in the Civil Rights Movement In The American Journal of Legal History, Bernie D. Jones reviews the work of Legacies of the 1964 Civil Rights Act, Grofman (2000), and describes the ends to the means. The 1964 Civil Rights Act and the 1965 Voting Rights Act indisputably were effectual for altering the framework of the questionable American life, for the most part in the southern states. As a consequence, both the Civil Rights Act of 1964 and the Voting Rights Act of 1965 were accountable for the stoppage of vast opposition to the civil rights movement and the fitting fusion into the American Society by African Americans. By way of the Acts, public facilities that avidly participated in segregation became outlawed. Throughout the nation, as a result of the enforcement of the Acts, the former, not so easily attainable education opportunities and employment prospects that consistently had been refused, now, awarded African Americans impressively large supporting political control. The Civil Rights Act of 1964 pioneered immeasurably. Women were given distinctive safeguarding subject to employment discrimination law. Emphatically, invigorating the women’s movement, consequently, the Civil Rights Act of 1964 served movements of other ethnic civil rights. (p. xvi) VOICE OF OMISSION No other group in America has so had their identity socialized out of existence as have black women. We are rarely...
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...LAKE DZIENGEL St. Cloud State University, St. Cloud, Minnesota Policy change to actualize same-sex marriage requires planning and practices that can be most effective to advance marriage equality. This case study examines how building and maintaining strong coalitions aided in attainment and preservation of civil rights and protections for same-sex couples in Minnesota. As a historical policy analysis, it dissects collaborative strategies and events that led to a municipal domestic partner ordinance and state civil rights protections for sexual minorities in Minnesota during 1983–1995. Viewed through the lens of Advocacy Coalition Framework and Punctuated Equilibrium theory, findings support and highlight the importance of strategic planning of developing capable leaders, building strong coalitions, and capitalizing on events to garner public support and advance public policy toward civil rights protections and legal recognition for same-sex couples. KEYWORDS advocacy coalitions, punctuated equilibrium, policy, lesbian, gay, domestic partner benefits INTRODUCTION The city of Minneapolis, Minnesota, a large urban community, passed a Domestic Partner Ordinance in 1991 as the result of intensive lobby efforts by community organizers and private citizens and liaison building with the city government. The ordinance was repeatedly challenged in the municipal court system, and eventually rescinded. However, it provided impetus for Address correspondence to Lake Dziengel, St. Cloud...
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