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1964 civil rights act
Title VII, The Civil Rights Act of 1964 PDF
Civil rights act of 1964
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Griggs v. Duke Power The case of Griggs v. Duke Power was a Title VII of the Civil rights Act of 1964 violation case that involved thirteen african american employees of Duke Power Company’s Dan River Steam Station.The african american employees of Duke Power Company challenged the company respondent 's requirement of a high school diploma or passing of intelligence tests as a condition of employment in or transfer to jobs at the plant. These requirements were not directed at or intended to measure the ability to learn and perform any particular job at Duke Power Company. The thirteen african american employees of Duke Power Company felt that these testing methods was a violation of Title VII Civil Rights Act 703(a) and 703(h)( FindLaw). The The company policy was implemented soon after the United States Congress passed the Title VII of the Civil Rights Act of 1964, the company installed this policy to keep the best jobs for white employees. This policy was a direct violation of the Title VII of the Civil Right Act of 1964, which impacted the way Duke Power handled new standards for hiring, promotion, and transfer promotion, and transfers. In order to work in positions outside of the labor department, Duke Power Company now required a high school diploma or scores on standardized IQ tests equal to those of the average high school graduate(Grigg’s). The new standard for hiring, promotions, and transfer was meant to provide a better workplace standard for all of the company. The thirteen african american employees of Duke Power Company did not feel this way, the employees lawyer Jack Greenberg argued against Duke Power Company policy changes in December 1970 by Although the testing and diploma criteria disqualified African-Americans at a substantially higher rate than whites, Duke Power never established that they successfully measured ability to do the jobs in question”(NAACP). The lawyer team for the thirteen african american employees of the Duke Power Company conveniening argument, resulted in the United States Supreme Court groundbreaking decision to rule against Duke Power Company(Findlaw’s). The ruling found that Duke Power Company had violated the Title VII because of their company discriminatory practices the Supreme Court explains the case conclusion Title VII purpose is not to restrict testing or diploma requirement for a company hiring or promotions, the act is here to stop segregation Title VII in no way prohibits testing or diploma requirements for hiring or promotions. Indeed, when they are properly developed and used, tests and other employment criteria can be effective, efficient means for employers to evaluate applicants. But as the Court explained in Griggs, “What Congress has commanded is that any tests used must measure the person for the job and not the person in the abstract.”
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
Title VII of The Civil Rights Act of 1964 prohibits discrimination based on race, color, national origin, gender, or religion. Race, color, national origin, gender, and religion are known as protected classes. The Supreme Court later established “several theories of discrimination that plaintiffs may purses based on the type of discrimination alleged.” (Melvin & Katz, 2015) The three most common theories are disparate treatment, mixed motives, and disparate impact. Aquino v. Honda is an example of disparate treatment as Aquino believe his was terminated, thus discriminated against, because of his race. Disparate Treatment is defined as “overt and intentional discrimination.” (Melvin & Katz, 2015)The burden of proof was on Honda to prove it had legitimate reason to terminate Aquino. The court ruled that Honda had met the burden of proof; the firing was not discriminatory as the accusations were not baseless nor did they amount to pretext. When the burned shifted back to Aquino to prove his firing was discriminatory in nature, he could not provide any
The Tucker vs. Walgreen Company was a nationwide known class action case. It fell into the category of race discrimination. This cases was brought to the attention of the law by African Americans who were employed at this retail and pharmacy store. This pledged that they were being discriminated to by the following acts:failure to move up in positions (promotion), dieing them the opportunity to apply for assistant manager and manager, and being assigned to an undesirable store for an extended period of time compared to whites. They filed a class action lawsuit with the demand of compensatory and punitive damages and declaratory and injunctive relief. Along with these demands, the plaintiffs desired class certification for those who have been previously affected by the defendant’s discriminatory acts as well as any who will suffer from them in the future.
The impact left in this case, Jackson vs. Board of Education (2005), has been an issue that?s gone on for decades. It is a more recent encounter that shows it still exists in modern day. In Davis v. Monroe County Board of Education (1999) and Franklin v. Gwinnett County Public Schools (1992) these cases both enforce Title IX of the Education Amendments of 1972 such as Jackson vs. Board of Education (2005). Rights to equal protection began in Brown vs. Board of Education (1954). This case left a huge impact on equal rights against sexual discrimination, discussing the importance of the 14th
Throughout American history, many minorities have fallen victim to cruel discrimination and inequality, African Americans were one of those minorities that greatly suffered from the white majority’s upper hand. After the end of the Civil War and the Reconstruction period following it, many people, especially the Southern population, were extremely against African Americans obtaining equal rights in the American society. Due to this, these opponents did everything in their power to limit and even fully strip African Americans of their rights. The Supreme Court case of Plessy v Ferguson in 1896 is an excellent example of the obstacles put forth by the white population against their black counterparts in their long and arduous fight for civil liberty and equality. Even though the court upheld the discriminatory Louisiana law with an 8-1 decision, John Marshall Harlan’s dissent in the case played a significant role in the history of the United States.
Title VII of the Civil Rights Act of 1964. (n.d.). The U.S. Equal Employment Opportunity Commission. Retrieved November 20, 2014, from http://www.eeoc.gov/laws/statutes/titlevii.cfm
The writings of Booker T. Washington, Marcus Garvey, and W.E.B. Du Bois postulate a formula for the advancement of African Americans. Each formula can be traced to its advocate’s respective life experience. While their individual formulas differ in the initial priorities and the necessary steps described, when viewed collectively as points in a progression, those points at times intersect and then diverge, and at other times they are divergent and then intersect.
Black Power, the seemingly omnipresent term that is ever-so-often referenced when one deals with the topic of Black equality in the U.S. While progress, or at least the illusion of progress, has occurred over the past century, many of the issues that continue to plague the Black (as well as other minority) communities have yet to be truly addressed. The dark cloud of rampant individual racism may have passed from a general perspective, but many sociologists, including Stokely Carmichael; the author of “Black Power: the Politics of Liberation in America”, have and continue to argue that the oppressive hand of “institutional racism” still holds down the Black community from making any true progress.
The Plessy vs. Ferguson (1896) ‘equal but separate’ decision robbed it of its meaning and confirmed this wasn’t the case as the court indicated this ruling did not violate black citizenship and did not imply superior and inferior treatment ,but it indeed did as it openly permitted racial discrimination in a landmark decision of a 8-1 majority ruling, it being said was controversial, as white schools and facilities received near to more than double funding than black facilities negatively contradicted the movement previous efforts on equality and maintaining that oppression on
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
The results of the testing was that “whites scored far better on the Company’s alternate requirements than Negros” 420 F.2d 1225, 1239 n. 6. The key issue was whether or not the testing was
In this landmark Supreme Court decision the Court declared separate public schools for black and white students to be unconstitutional therefore overturning Plessy v. Ferguson. The white south enjoyed their victory with Plessy v. Ferguson for over fifty years before the Supreme Court was able to begin righting their mistake. The long term effect of Plessy v. Ferguson was evident in the fact that blacks did not make much progress towards becoming more educated, informed, and productive citizens since the Thirteenth amendment was adopted. There were gains but overall the gap in prosperity especially in the south between blacks and whites continued to widen. The disparity in the distributions of funding between the two races were extremely evident in education. The advantages that whites gained during this time period placed them in a position to hold financial and educational advantages over blacks that even linger today. The lack of equal education doomed generations of blacks to mediocrity while their white counterparts were able to make huge gains for themselves and their children. This is one of the mains debates about affirmative action. Due to the unfair advantages given to whites, especially during the New Deal and Fair Deal policies of the 1930s and 1940s, the black population’s prosperity fell well behind the nation’s white majority (Katznelson). Brown v. Board of Education was the first step to trying to rectify this situation. This example of how protecting the rights and liberties of a minority can positively affect the majority. For the nation as a whole, having citizens that are productive, prosperous, educated and content will (in the long run) provide a more united prosperous
This article notes the lawsuit made by the NAACP and makes a claim for why it was wrong. The author integrated personal experiences and other expert opinions.
Even though the Brown v. Board of Education was 62 years ago, African Americans are still fighting to have an equal education opportunity. “But many schools are as segregated today as they were before the ruling, and black children throughout the United States are performing at the bottom of the American educational system” (Jackson 1). Nevertheless, it took decades of hard work and struggle by numerous African Americans for a better education system. Education is the key to success, it gives people the knowledge that they need to strive and become more intelligent thinkers, which leads to more opportunities for them in the job industry. Ever since the Civil Rights Act of 1964, which banned discrimination of any kind, African Americans have every right to have this equal educational opportunity like everyone else. But yet, they were stopped in their tracks by disapproving Americans, who confined the succession of African Americans in the education system. Now that we are in the 21st century, there’s still negligence on black’s education. The black community do not have equal education opportunities because of the lack of funding, poverty experienced by the children in the neighborhoods and society’s views of the black community.
Abstract- Racial discrimination happens all the time and most of us are unaware of it. The most common place for this to happen is in the workplace. Now people can be discriminated against because of their race, religion, or any other numerous things. Also, discrimination can occur during the job interview or even after you got the job. This paper will shoe the effects of racial discrimination and how it can be prevented. In addition there are some very important laws that deal specifically with discrimination, like the NAACP or Affirmative Action. These both will be discussed.