...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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...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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...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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...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 also applies to federal, state and local government employers regardless of size (Fernando, 1994). The section of the Title VII which...
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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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...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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...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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...Employment Law: Workplace Racial Discrimination October 3, 2011 Employment Law: Workplace Racial Discrimination A number of federal and state laws prohibit racial discrimination. 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. Racial discrimination in the workplace has been a challenging issue for the United States since awareness rose in the 1960s. Blacks and other minority workers have faced intimidation, harassment and subtler forms of racism such as the difficulty of landing a job or promotion, even when they have the requisite qualifications. The United States has been actively combating racial discrimination in the workplace for 46 years, yet challenges remain. Many people do not really know much information on how racial discrimination at workplaces may take place, but many concerns can be answered with these following questions: 1. How long has racial discrimination at workplaces been going on for? 2. What are the laws on racial discrimination about? 3. What are some reasons for racial discrimination...
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...HRM531 Chapter Presentation prepares 1) Ch3 is talk about equal employment opportunity, it tell us how to use law to protect woman, disable person and other protected category’s legal job right, such as equal employment, and equal pay. This chapter is also introducing what’s sexual harassment, and what we can do, when sexual harassment happened. 2) Equal Employment Opportunity (EEO) * All individuals should have equal treatment in all employment-related actions. Discrimination * “Recognizing differences among items or people.” Protected Category * A group identified for protection under EEO laws and regulations. •Race, color • gender • Age •Disability • Religion • Sexual orientation 3) Illegal employment discrimination: Protect category: Disparate treatment: Occurs when members of group are treated differently from others. * Occurs in employment-related situations when either: * Different standards are used to judge different individuals, or the same standard is used, but it is not related to the individuals’ jobs. Disparate impact: occurs when members of a protected category are substantially underrepresented as a result of employment decision work to their disadvantage. 4) EEO Concepts: Business necessity is a practice necessary for safe and efficient organizational operations. Job relatedness is employers are expected to use job- related employment practice BFOQs is characteristic providing a legitimate...
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...Company under Title VII of the Civil Rights Act of 1964. He bases his suit on religious discrimination due to the new production schedule that has recently taken effect. In his opinion, the new production schedule requires employees to work on holy days thereby, discriminating against employees whose religious practice does not allow them to work on these particular days. The employee alleges that enforcement of the new policy forced him to resign his position before the effective date of the new schedule. Religious discrimination involves treating someone different due to their religious or cultural belief system. In business, it is unacceptable and unlawful to treat someone unfavorably because of their culture, religious beliefs, religion, or ethical and moral ideals. Constructive discharge is a legal concept adapted by the Federal Equal Employment Opportunity Law (EEO) that prohibits discrimination in the work environment. Constructive discharge addresses changes in policy or regulations in which an employee feels he is being directly targeted for a reason which would cause any prudent person no other recourse, with the exception of terminating employment. In other words, the employee feels as though he is being forced to quit. (eeoc.gov) Therefore, in order to sue the company, the employee must prove to the court that the changes implemented have caused the workplace to be intolerable and unbearable. The most important human relations act passed to date is Title VII of the Civil...
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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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...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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...Rejected Qualified Black Job Applicants MEMPHIS, Tenn.-- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the filing of a race discrimination lawsuit under Title VII of the 1964 Civil Rights Act against Lowe's Companies, Inc., doing business as Lowe's Home Center's Inc. The suit charges the world's second largest home improvement retailer with failing to hire a class of qualified African American applicants due to their race at its Reload Distribution Center in Vonore, Tenn. The EEOC's lawsuit, Civil Action No. 3-04-CV-133, in U.S. District Court for the Eastern District of Tennessee, Knoxville Division, charges that Curtis Carter, Tiffany Carter, and a class of African Americans, all qualified applicants, were denied positions in Lowe's Reload Distribution Center between 2002 and 2003 because of their race. The EEOC filed suit after exhausting its conciliation efforts to reach a voluntary pre-litigation settlement. The lawsuit asks the court to order the company to provide back pay, interest on back pay, compensatory damages for emotional and psychological harm, and punitive damages. Katharine Kores, Regional Attorney for the EEOC's Memphis District Office, said, "Hiring decisions based on race are clearly illegal. One of the important reasons for the passage of the Civil Rights Act of 1964 was to eradicate this type of discrimination. Unfortunately, as we approach the 40th...
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...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. Also it states that to limit, segregate, or classify his/her employees or applicant for employment in any way that would deprive any individual of employment opportunities because of the individual’s race, color, religion, sex, or national origin. The Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public and private employers of 15 or...
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...some of the incidents in this memo and will suggest upper management step in and fix this problem so there will be now lawsuit file against Teddy’ Supplies. * Taping co-workers drawer closed * Locking co-workers out of guard shack * Having co-workers file trash * Backing up a forklift to a door and having it back fire in a co workers ear * Delivery drive spanking one of the warehouse guards * Supervisor posting a sign of the wall “Hardhats required/Bra optional” * Supervisor making worker show their bra These incidents all started in the beginning of 2008 and should not be happening in the work place. The company at this time is potentially liable for all damages to this employee. Under law Civil Rights Act of 1964. (EEOC, 1964) Teddy’s Supplies is liability for harassment if a supervisor that results in a negative employment action such as termination, failure to promote of hire, and loss of wages. Also, if a supervisor harassment result in a hostile work environment, Teddy’s Supplies is liable. Worst-case the company could have to pay out damages to the victim, meaning: Compensatory damages such as loss of employment ability, loss of wages, medical expenses, and other economic misfortune as a result of the harassment. Emotional damages such as intentional...
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