Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals and groups seek an end to discrimination through the resources of various agencies such as the Equal Employment Opportunity Commission (EEOC) and the state agencies, Fair Employment Practices Agencies (FEPAs). The EEOC is a government agency that has the responsibility of investigating complaints of discrimination submitted by employees in the private sector. This document will explain the processes of filing a discrimination complaint and the civil litigation process requirements in seeking relief through these channels. Though the civil litigation process starts at the state level, efforts may extend as far as the United States Supreme Court. In addition, of the complaints that reach the Supreme Court, the justices return some of these cases back to the lower courts. With these cases, some require further deliberations or they stand as adjudicated by the lower courts. (http://www.eeoc.gov/).
John an employee in the private sector wants to file a discrimination complaint against his e...
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References
Bennett-Alexander, D.D. & Hartman, L.P., (2004). Employment Law for Business (4th ed.). New York. McGraw-Hill.
About the U.S. Courts. (2002, February 8). Federal Judiciary Frequently Asked Questions. Retrieved January 9, 2005, from http://www.uscourts.gov/about.html
The U.S. Equal Employment Opportunity Commission (EEOC). (2003, August). About Equal Employment Opportunity (EEO). Retrieved January 9, 2005, from http://www.eeoc.gov/
The U.S. Equal Employment Opportunity Commission. (2003, August). EEOC's Charge Processing Procedures. Retrieved January 9, 2005, from http://www.eeoc.gov/charge/overview_charge_processing.html
The U.S. Equal Employment Opportunity Commission. (2003, August). Filing a Charge of Employment Discrimination. Retrieved January 9, 2005, from http://www.eeoc.gov/charge/overview_charge_filing.html
The EEOC carries out its work at headquarters and in 50 field offices throughout the United States. Individuals who believe they have been discriminated against in employment begin the processes by filing administrative charges. Individual Commissioners may also initiate charges that the law has been violated. Through the investigation of charges, if the EEOC determines there is "reasonable cause" to believe that discrimination has occurred, it must then seek to conciliate the charge to reach a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the EEOC may bring suit in federal court. Whenever the EEOC concludes its processing of a case, or earlier upon the request of a charging party, it issues a "notice of right to sue" which enables the charging party to bring an individual action in court. The Commission also issues regulatory and other forms of guidance interpreting the laws it enforces, is responsible for the federal sector employment discrimination program, provides funding and support to state and local fair employment practices agencies (FEPA's), and conducts broad-based outreach and technical assistance programs.
Title VII of the Civil Rights Act of 1964 has grown over the past few decades to ensure that employees, as well as employers, are protected against all employment discrimination. It is extremely important that both employers and employees know and understand what the law means and how to handle such acts of discrimination. As more amendments are passed into law, employers need to have clear and concise policies to help fight against discrimination.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition II. Regulation of Discrimination in Employment 3. Title VII of the Civil Rights Act of 1964, The McGraw-Hill Companies.
However, before entering into such agreement or a contract, an individual company should be fully conversant with all rules, regulations, and requirements of Equal Employment Opportunity Commission (EEOC). The Equal Employment Opportunity Compliance requires all organizations to provide company employment data categorized on the basis of ethnicity, gender and job category (Hinrichs, 2012). This survey and provisions are always mandated by federal statute and regulations to ensure that the minority in the society get equal opportunities just like the majority in the society to ensure that they have an opportunity at all levels of an organization. The primary objective of this compliance is to turn all employers into Equal Opportunity Employer who is an investor who does not secernate against any employee on the bases of their race, skin color, religion, national origin, sex, physical appearance or
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
According to Corley, Reed, Shedd, and Morehead, (2001) “the most important statue eliminating discriminatory employment practices, however, is the federal Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act o 1972 and the Civil Rights Act of 1991.” The appropriation section o...
The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission. (n.d.). National Archives and Records Administration. Retrieved February 22, 2011, from http://www.archives.gov/education/lessons/civil-rights-act
United States. The U.S. Equal Employment Opportunity Commission. "The Civil Rights Act of 1964." 15 Jan. 1997 <http://www.eeoc.gov/laws/vii.html>
Primarily, the employee was in violation of federal laws, which protect employees regarding slanderous or racially remarks. According to Title VII, it is...
United States. National Equal Pay Taskforce. Assessing the Past, Taking Stock of the Future. Washington: GPO, 2013. PDF file.
Throughout the years the United States has faced many challenges with equal employment opportunities for everyone. The United States has developed The Equal Employment Opportunity Commission, also known as the EEOC, to enforce laws that help prevent everyone from being treated unfairly when it comes to employment options. The EEOC has established stipulations and overlooks all of the federal equal employment opportunity regulations, practices and policies (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Some laws that have been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of these laws have helped the United States citizens become treated more equally in the work force.
Employment, Inc is committed to a policy, as stated by the Federal Employment Equity, of achieving equality in the workplace so that no person is denied employment opportunities, pay or benefits for reasons unrelated to ability. Employment, Inc is therefore committed to equal employment opportunities, as stated by the Civil Rights Act of 1964, for all applicants and employees without regard to age, race, color, religion, national origin, sex, physical or mental disability or any other unlawful grounds. In order to ensure an equitable workplace, Employment, Inc abides by a number of objectives as required by law. These objectives consist of::Workforce Survey - a collection of data on existing employees and determine those that fall into one of the designated categories.
In conclusion, there are many rights to the employees’ when it comes down to equal opportunity employment. In this paper you learned of a few different types of discrimination towards employees’ and how different acts protect them in the workforce. It also has shown what rights a person has as an employee in the working environment.
The U.S. Equal Employment Opportunity Commission. (1997, January). Title VII of the Civil Rights Act of 1964. Retrieved from: http://www.eeoc.gov/policy/vii.html
There are many laws protecting employees and employers against harassment and discrimination. Harassment and discrimination constitutes more than just race, color, and religion. However, employees fail to report harassment and discrimination due to the lack of knowledge about their rights. Three of the most important laws e...