The Title VII of the Civil Rights Act protects individuals against employment discrimination on the bases of color, as well as national origin, sex, religion. This law applies to any employers with 15 or more employees including the local state, government, employment agencies, labor organizations and federal government jobs.…
The disparate impact theory requires a plaintiff to demonstrate that an apparently neutral employment practice affects one group more harshly than another and that the practice is not justified by business necessity. A prima face case is established when the plaintiff identifies a specific employment practice to be challenged; and through relevant statistical analysis proves that the challenged practice has an adverse impact on a protected group. When it comes to the case, discrimination was seen, but never affects more than one…
Did the Title VII section of the Civil Rights Act of 1964 (updated in 1991) go far enough and provide adequate protection for the U.S. workforce? For the vast majority of states, the answer is a resounding yes; most states defer to the federal legislation for employment-related discrimination laws. There are, however, a handful of states that have enacted their own versions of Title VII; in doing so, they are effectively saying that no, Title VII does not meet the needs of our state. One state that has enacted its own form of employment discrimination laws is Florida; in 1992, the Florida Legislature passed the Florida Civil Rights Act of 1992. Section 760.10 specifically addresses many of the same issues covered by Title VII protections. What is the same, and what is different, between the two Acts? This paper will summarize the two sets of laws, describe the similarities, and detail the distinct differences between Title VI, the federal law, and Section 760.10 of the Florida law.…
Title VII of the Civil Rights Act of 1964 unequivocally states that it is “unlawful employment practice for an employer...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” (“Title VII”). In 1984, the limits and lengths of this statutory provision were put to the test as Price Waterhouse employee Ann Hopkins filed suit against her company for discrimination in violation of Title VII. Hopkins, denied a partnership position through what she considered to be a discriminatory evaluation system, argued that her alleged lack of interpersonal skills served to her detriment solely because she was a woman.…
Employers must understand that the persons who evaluate and decide the outcome of employment discrimination cases (the EEOC investigator, federal or state judge, and/or jury) have keen senses of fairness and expect that employees will be treated in a fair manner. As a result, employers are exposed to substantial liability for any acts, including perceived acts, of discrimination in the workplace. Employers should take any charge of discrimination seriously and the employer must keep in mind that, at a minimum, it needs to have a legitimate, non-discriminatory reason for taking the action in question. In addition, an employer's response will be evaluated by persons who have a different perspective than the employer. What…
Disparate treatment is discrimination where the employer treats some individuals less favorably than others because of their race, color, religion, sex, or national origin. Adverse impact refers to the total employment process that result in a significantly higher percentage of a protected group in the candidate population being rejected for employment, promotion and placement. Affirmative Action rules and programs are tools in place where extra efforts are made to hire and promote qualified women, minorities and individuals with disabilities…
In constructive discharge an employee resigns when they have been subjected to unlawful discrimination. The employee in this case was employed before the change in policy in shift work. Before the policy change, the production shifts were Monday to Friday. With the new policy the production team works a rotating shift schedule where at times the schedule rotates to work on Saturday and Sunday. The policy then discriminates against this employee because he is required to work on a religious holy day. The other issue at hand is that there are positions with the office staff that continue to work Monday to Friday. The production staff is being singled out to change their shift work when others still maintain the Monday to Friday schedule. This is intolerable to the employee since they do have the right to not be discriminated on basis of religion. Not everyone in the company has had their schedule changed and due to the change the employee left the company right after the change in policy.…
Disparate treatment prohibits employers from treating applicants or employees differently because of their membership in a class protected by Title VII. The central issue is whether the employer's actions were motivated by discriminatory intent, which may be proved by either direct or circumstantial evidence. Disparate treatment is considered intentional discrimination and the employer may not say they are discriminating. The U.S. Supreme Court has a list of indicators that leave discrimination as the only explanation when every other explanation is eliminated: (1) The plaintiff must establish a prima facie case of discrimination; (2) the employer must then articulate, through admissible evidence, a legitimate, nondiscriminatory reason for its actions; and (3) in order to prevail, the plaintiff must prove that the employer's stated reason is a pretext to hide discrimination. (http://www.hr-guide.com/data/G701.htm. This is called direct method - burden-shifting. In disparate treatment cases, the employer's policy is discriminatory on its face (Bennett-Alexander and Hartman, 95). McDonnell Douglas Corp. v. Green 411 U.S. 792 (1973) is a case that shows disparate…
In this discussion, I am going to discuss the Title VI of the Civil Rights Act of 1964 and the influence this act has on healthcare today. Title VI of the Civil Rights Act of 1964 is a Federal law that protects individuals from discrimination based on their race, color or national origin in programs and activities that receive Federal financial assistance (United States Department of Justice, 2014). As explained by Keers (2013), institutions or programs that may receive federal assistance include hospitals, Medicaid and Medicare agencies, alcohol and drug treatment centers, nursing homes and public assistance programs (p. 557).…
The Civil Rights Act of 1960 was not very effective in increasing equality for African Americans. It didn't provide African Americans with safe voting rights. The Act was weak and didn't help much with making voting equal for African Americans. Some states still protested the law because they thought it violated the states rights. Because the Act didn't help get more African Americans the chance to vote acts of violence increased. The act only helped increase voter registration by 3 percent. The Act didn't start any new laws for minority voters. The Civil Rights Act of 1960 did not get rid of poll…
Civil Rights are the rights of citizens to have political and social freedom and equality. More specifically, Title VI of the Civil Rights Act of 1964 allows for the freedom and equality of minority races in any program or activity which receives federal financial aid. Following World War II, civil rights became a focal point in American Politics. With the war sub-sided, politicians looked to reforming the education systems in America. The renewed spirit and faith in democracy reminded the country that it is democratic and just that all people, regardless of skin color, should have the right to a decent education.…
When the Government Stood Up For Civil Rights "All my life I 've been sick and tired, and now I 'm just sick and tired of being sick and tired. No one can honestly say Negroes are satisfied. We 've only been patient, but how much more patience can we have?" Mrs. Hamer said these words in 1964, a month and a day before the historic Civil Rights Act of 1964 would be signed into law by President Lyndon B. Johnson. She speaks for the mood of a race, a race that for centuries has built the nation of America, literally, with blood, sweat, and passive acceptance. She speaks for black Americans who have been second class citizens in their own home too long. She speaks for the race that would be patient no longer that would be accepting no more. Mrs. Hamer speaks for the African Americans who stood up in the 1950 's and refused to sit down. They were the people who led the greatest movement in modern American history - the civil rights movement. It was a movement that would be more than a fragment of history, it was a movement that would become a measure of our lives (Shipler 12). When Martin Luther King Jr. stirred up the conscience of a nation, he gave voice to a long lain dormant morality in America, a voice that the government could no longer ignore. The government finally answered on July 2nd with the Civil Rights Act of 1964. The Civil Rights Act of 1964 is historically significant because it stands as a defining piece of civil rights legislation, being the first time the national government had declared equality for blacks. The civil rights movement was a campaign led by a number of organizations, supported by many individuals, to end discrimination and achieve equality for American Blacks (Mooney 776). The forefront of the struggle came during the 1950 's and the 1960 's when the feeling of oppression intensified and efforts increased to gain access to public accommodations, increased voting rights, and better educational opportunities (Mooney). Civil rights in…
Many people around the world know the United States for its “freedom and equality for all.” What fewer people know is the long, violent, and complex journey that it took millions of Americans to make that statement apply to them. Up until the Civil Rights Act of 1964 the United States was a segregated nation, dividing the “white-privileged” majority and the mix-colored minorities. From African Americans, to Chicanos, to Asian Americans, and various other ethnic groups, the journey that these minority Americans faced was filled with struggles, torment, and humiliation. Despite these obstacles, they continued to fight for what they believed was right, and that was to have the civil and political rights that were privileged to the white, majority extended to them.…
Following the Civil War (1861-1865), a trio of constitutional amendments abolished slavery, made the former slaves citizens and gave all men the right to vote regardless of race. Nonetheless, many states–particularly in the South–used poll taxes, literacy tests and other similar measures to keep their African-American residents essentially disenfranchised. They also enforced strict segregation through “Jim Crow” laws and condoned violence from white supremacist groups like the Ku Klux Klan.…
Civil Rights Act 1964 The Civil Rights Act of 1964 prohibits the legal discrimination of any one person for any reason another person may come up with. The whole Civil Rights Act was based on one document entry that summarizes the entire Civil Rights Act of 1964 in one sentence: "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, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes." The Civil Rights Act was a time when people who were exploited for many years, rose up the odds and achieved their freedom. The African Americans won their independence through determination, persistence, and courage. Before the Civil Rights Act of 1964, the African American race was considered to be second-class citizens, and they were socially and economically discriminated against. Property values would drop a great deal if an African American family moved into a neighborhood that wasn 't a ghetto, but most lived under poor condition. Also, 57% of African American housing judged to be unacceptable. Life Expectancy was seven years less than whites and infant mortality was twice was great as whites.Michael J. Mansfield introduced the Civil Rights Act in 1963. John F. Kennedy backed the bill in his Civil Rights speech on June 11, 1963, where he asked for laws that would provide "the kind of equality of treatment which we would want for ourselves." Kennedy later sent the bill to congress on June 19, 1963. In November of 1963, John F. Kennedy 's death made many Civil Right Activists despair. Lyndon Baines Johnson supported the act and decided to use the power he had in Congress to pass it.…