...Title VII Regina Marshall HR590 Human Resource Management September 11, 2010 Title VII Many of us have worked in job environment that were less than ideal and probably thought about quitting our jobs on a daily basis. Do you ever wonder what it was like before the laws were written and implemented that prevented your boss from discriminating against you and other coworkers? Well I can without a doubt say that I would not have want a job before the 1964 Congress enacted the Title VII of the Civil Rights Act. Title VII was one of the major legislation that was a direct result of the civil rights movement in the 1960s. A famous civil rights leader by the name of Martin Luther King Jr. Was very instrumental in obtaining this act and he believed that everyone should be treated fairly and that minorities should not be given a job based upon the color of their skin. Congress must have agreed because in 1964 President Lyndon Johnson signed the legislation and the minorities all over the world began to get a fair shot in the employment industry. Title VII states that it is illegal for an employer to fail or refuse to hire or discharge an individual, or discriminate against him based upon his race, color, religion, sex, or national origin. This law also states that an employer can’t segregate or classify employees/applicants in any way that would deprive an individual of employment opportunities because of an individual’s race, color, religion, sex, or national...
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...Issue: Under Title VII of the Civil Rights Act of 1964 can an employee who is African American demonstrate that her employer discriminated against her by failing to promote her to the position of senior control buyer, where she has seven years of experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience as a retail buyer in the private sector and has been with the company for six months? Brief Answer: A court is likely to rule that Mrs. Pitman has been discriminated against under Title VII. Mrs. Pitman is able to prove each of the four elements of the test set out in Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (1981). This test known as the McDonnell Douglass test is met when Mrs. Pitman shows that: (1) she belongs to a protected class; (2) she applied and was qualified for the job; (3) despite her being qualified she was rejected; (4) after the rejection the position remained open and employer continued to seek applicannot s. Mrs. Pitman is also able to provide statistical evidence of discrimination and evidence of discriminatory attitudes. Facts: Our client, Jenna Pitman, is seeking to file suit against J. Montgomery for a claim of racial discrimination under Title VII. The allegation stems from a denial of Mrs. Pitman's application for a promotion by J. Montgomery...
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...Human Resources: Constructive Discharge* February 10, 2012 Memorandum # 1 From: Manager, Elementary Division To: The CEO Subject: Former Employee's Constructive Discharge Claim ______________________________________________________________________ Background: Our company attorney notified me about a former employee who filed a claim against the company citing Title VII of the Civil Rights Act of 1964 for constructive discharge. Findings: A. How is constructive discharge as a legal concept relevant to the scenario? At the beginning of the New Year, we implemented a new shift policy to keep up with the company growth. We required employees in the production group to work 12-hour shifts with 4 days of work then 4 days off in a rotating shift, which means some of those working days fall into the employee’s religious holy day. The former employee quit after the implementation. This former employee is claiming a constructive discharge. Constructive discharge is one of the discriminatory practices wherein an employee is forced to resign because of perceived intolerable work environment and courts generally agree to the employee if they determine that a reasonable person would also feel same way if given the employee’s position (Dempsey, & Petsche, 2006). Also, courts usually require that the employee must show that the intolerable working condition with the intent of...
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...position because of a discriminatory policy requiring employees to work rotating weekend shifts to include religious holy days. The company attorney has notified me that that the claim is against the company under Title VII of the Civil Rights Act of 1964, Constructive Discharge, after a work schedule policy change. A Constructive discharge is defined as follows: “Under the majority view, an employee who resigns after being subjected to unlawful discrimination is said to have been constructively discharged if a reasonable person would have found the discriminatory conditions to be intolerable. Under the minority view, the plaintiff must show not only that conditions were intolerable, but also that the employer created those conditions with the specific intent of forcing her to resign” (Finnegan, 1986). The employees Constructive Discharge is claimed in that the policy change to start rotating weekends was found intolerable to the employee due to religious holy days being a work requirement. The Title VII of the Civil Rights Act of 1964 covers a variety of potential discriminations including discrimination on the basis of religion. Discrimination could be directed to a group or individuals. The employee could apply this claim under Title VII if they believe the policy change was made specifically to target people of faith, or them as an individual. The former employee would be compelled by the court to provide proof as such and that they were targeted...
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...Religious institutions that provide occupational opportunities are able to legally discriminate against job applicants while the vast majority of the public sphere is required to adhere to a very specific code that prohibits discrimination. The moral and legal dilemma that is created through the “ministerial exception [to the Title VII law] and its growth and development in the courts” presents a varying case of whether the individual right to Free Exercise or the morality of hiring a fit candidate provides the government with an apt reason to step in (McClain 518). Title VII is the legal resolution that has resulted from the Civil Rights Act of 1964 that permitted the use of the interstate commerce clause to “prohibit discrimination in the workplace on the basis of race, color, religion, gender, and national origin” (McClain 517). In the secular workplace, the government enforces the resolution and deals with discrimination harshly but in the instance of religious institutions hiring a position, religious institutions are permitted to discriminate. While the ministerial exception was intended as a way for religious institutions to ensure that their employees were of the religion that the...
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...Affirmative action was part of executive order 11246 which supports Title VII of the civil rights act of 1964 that renders discrimination illegal employment decisions on the basis of race, color, religion, sex, or national origin. Affirmative action involves the employer brining qualified women and minorities into a workplace from which it has been determined that they are excluded in order to make the workplace more reflective of the population from which employees are drawn (Bennett-Alexander & Hartman, 2007). Affirmative action is not only in place to just end discrimination but to actively seeking individuals for employment and promoting individuals within an organization who represent specific minority groups and/or women. The Rights of White males are also protected if there is evidence of discrimination. For example, if a company institutes an affirmative action plan to correct an imbalance in their work force between men and women; once that imbalance has been corrected the plan should be discontinued. If not and the practice continues an employee who is a white male and is qualified for a position but is passed over by a female who is not as qualified as he is would have grounds for sex discrimination under Title VII. Affirmative Action is not in place to institute quotas, quotas are prohibited. Affirmative action is in place to make sure that qualified woman or minorities are given equal opportunity for employment in whatever position they are applying or being...
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...Title VII of the Civil Rights Act Abstract Title VII of the civil rights act was a hard won victory for civil rights activists and workers in 1964. In securing this act, they ended the decades of ‘separate but equal’ treatment that had been used as a justification for discrimination against black Americans, and wrote into law precedents that would affect change in the labor market undercurrents that subtly discriminated against women. The text of the Civil Rights Act made it unlawful for an employer to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions or privileges of employment, because of an individual’s race, color, religion, sex or national origin. This act covers hiring, firing, promotions and all workplace conduct. “The history of the 1964 civil rights act, and the series of events through which the need for the act evolved, is the longstanding conflict between those who would make employment related decisions based on bigotry, and those who believe that our country stands for freedom for all peoples, regardless of race, color sex, or national origin. After the civil war, slaves were free, but still unable to participate in many American cultural events because of lack of education, or lingering discrimination. In 1920, the 19th amendment prohibited exclusion to the right to vote to all Americans based on racial or gender identity. In 1963, the equal pay act guaranteed...
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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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...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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...seeking to maximize societal efficiency ii. The Occupation Theory 2. Occupation or Possession of a thing justifies legal protection iii. The Labor Theory 3. Moral right to ownership or control over things produced from one’s labor iv. The Contract Theory 4. Private property is a result of contracts between individuals and the community v. The Natural Rights Theory 5. “natural law” dictates the recognition of private property vi. The Social Utility Theory 6. The law should promote the maximum fulfillment of human needs and aspirations, and private property is on of those needs c. The Bundle of Rights (D.U.P.E.D) vii. Property consists of the following rights in regards to a “res” or thing 7. Right to Dispose of property (alienate/transfer) 8. Right to Use how you want 9. Right to Possess how you want 10. Right to Exclude others from your property 11. Right to Damages from others who violate your bundle viii. The more of the above rights that one has in regards to a res, the greater the significance of their ownership d. Different Kinds of Property ix. Property in land 12. Real Property, Real Estate, Realty a. Immovable property x. Property in Chattles and intangibles 13. Personal property (personality) ...
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...Appendix ‘A’ FINANCIAL PLANNING 1. Library: 1. Books: |S.No. |Type |New Titles Required |Volume of New Titles |Cost per Unit |Total Costs |Remarks | | | | |Required | | | | |1 |Paper Back |1200 |1200 | Rs.1500/-Aprox cost | 18 Lacs | Common to ASAP | | | | | | | |& ASD | |2 |Electronic | | | | | | 2. Journals: |S.No. |Type |New Titles Required |Volume of New Titles |Cost per Unit |Total Costs |Remarks | | | | |Required | | | | |1 |Paper Back | 4 | 4 | Rs.250/- | Rs.4000/- | Common to ASAP | | | | | ...
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...Case Study 4 CARVIN vs. ARKANSA POWER AND LIGHT, 14 F.3d 399, 1993 U.S. Court of Appeals for Eighth Circuit You be the Judge By: Jenny Wagner December 23, 2009 Did the easement relieve Arkansas Power and Lights from liability for flooding? Yes, Arkansas Power and Light should not be held liable for damage to property cased by flooding where an easement existed. In 1923-1947 Arkansas Power and Light (AP&L) constructed several dams on two Arkansas lakes, Hamilton and Catherine. AP & L obtained “flood easements” on property adjoining the lakes. AP&L sold lake side property and kept the easement in force. These flood easements permitted AP&L to “clear of trees, brush, and other obstruction and to submerge by water” certain acreage, which was described exactly, AP&L properly recorded the easements and when the current landowner bought lakeside property they were aware of the documents (Beatty, 2009, p. 455). In May of 1990, extraordinarily heavy rains caused water to reach the highest levels ever recorded. To prevent flooding to a wider area, AP&L opened the gates of Carpenter Dam causing Lake Catherine to flood which caused damage to several houses built on AP&L’s easement. Several home owners’s subsequently sued AP&L for causing the damage. AP&L should not be held liable for the damage caused by the flooding because the sole purpose for having the easements was to allow AP&L to flood the property. An easement gives one person the...
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...into it. A. Page Layout Your paper must use a page size corresponding to A4 which is 210mm (8.27") wide and 297mm (11.69") long. The margins must be set as follows: • Top = 19mm (0.75") • Bottom = 43mm (1.69") • Left = Right = 14.32mm (0.56") Your paper must be in two column format with a space of 4.22mm (0.17") between columns. III. Page Style All paragraphs must be indented. All paragraphs must be justified, i.e. both left-justified and right-justified. A. Text Font of Entire Document The entire document should be in Times New Roman or Times font. Type 3 fonts must not be used. Other font types may be used if needed for special purposes. Recommended font sizes are shown in Table 1. B. Title and Author Details Title must be in 24 pt Regular font. Author name must be in 11 pt Regular font. Author...
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...COM 101 Essay 2 – Are We Desensitized? LENGTH: 2 -3 Pages (aim for the very bottom of the 2nd page at least) DUE DATE: Rough Draft: Thursday, 10/1 on BB Final Draft: Tuesday, 10/13 on BB ASSIGNMENT: With our current section of articles, we’ve been discussing the concept of whether or not the younger generation (a.k.a. you guys) has been desensitized to things going on in the world. We’ve talked about this potential problem through a few different perspectives. We examined the argument about whether or not we’re desensitized to violence or death due to violent media, like video games. Then, we discussed whether or not we’re desensitized to suffering due to a feeling of helplessness, such as the belief that we can’t change things like economics or the government. Finally, we talked about technology and whether or not it has, in a sense, desensitized us to one another in the way that we interact thanks to new technologies like social media and cell phones. So, for your second essay, you’re going to answer the question of whether or not you believe the current generation is desensitized. However, in order to keep the paper focused and short (since it’s only 2-3 pages), choose just one of the perspectives to argue with or against. The perspective you choose will also determine which articles you use in your essay (you must use AT LEAST ONE). It breaks down much like this: Violence/Death – Narvaez, Jones, Eler Helplessness/Ineffectiveness – Leonhardt, McClelland...
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