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Title ix and race discrimination
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: Individuals are protected from discrimination based on national origin under Title VII of the Civil Rights Act and the Immigration Reform and Control Act of 1986. National origin refers to a person’s roots-that is, the county in which the person or the person’s ancestors were born. The four-step test for national origin discrimination is as follows: • Employee belong to the protected class. • Employee wanted to retain or obtain the position. • Employee was terminated or the applicant was refused employment. • Termination or refusal to hire occurred because of the employee or applicant’s national origin (Moran, 2014) . The Immigration Reform and Control Act (IRCA) operation 1986, which applies to employers with four or more employers, disallows
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
Employment discrimination includes unequal treatment in employment decisions, opportunities, hiring and firing, compensation, promotion done by the supervisor and management on the basis of nurses’ race, origin, color, religion and language (Walani, 2015). In some cases even the patients refuge to be treated from a nurse with certain ethnic or national background. In Primeau’s study (2014), one IEN reports that a patient denied her care and said, “I don’t want to be treated by a terrorist”. Moreover, immigrant nurses are often employed in less desirable areas, lower positions and are excluded from the opportunities which could promote them easily to higher positions ((Li, 2014). Discrimination is not only unethical but also an illegal practice at any workplace. However, sometimes the IENs themselves acknowledge that they have less confidence and take inequality for granted. So, they do not report some cases of discrimination. Moreover, even the colleagues, patients and families treat the IENs with aggression, resentment, less trust and uncooperative manner (College of Nurses of Ontario [CNO], 2007). Sometimes, the coworkers intentionally misunderstand and underestimate the IENs’ education and skills and bully them (Kingma, 2007). A study by Hagey shows that immigrant black nurses also face racial discrimination in nursing employment in Canada (2001).
What would it be like to wake up everyday knowing you would get bullied, mistreated, and/or abused just because of where you were born? Discrimination still exists! “Discrimination remains and there is an increase in hate crimes against Hispanics, Latinos and Mexican-Americans, as one of the perceived symbols of that discrimination, the U.S.-Mexico Border Fence, nears completion. Instead of pulling together in these difficult times, we may see a greater polarization of attitudes” (Gibson). But why are hate crimes increasing towards Latin and Hispanic aliens and what types of discrimination are occurring against them? Understanding violence towards the Hispanic and Latin alien is divided into three main classes; the difference between legal and illegal aliens, the attacks and effects, and the point of view of different people towards aliens.
Institutions in the businesses sector are swarming in racial discrimination, much of which is covert and difficult to detect and prove. Racial discrimination excludes, marginalizes and exploits those citizens who are discriminated against, ceasing any opportunity for economic progress and development. Under certain regulations some businesses are required to diversify their workplace by hiring certain amounts of people of color, but in reality these small quotas do not do much for the overall condition of the people who are being discriminated against. Businesses that fail to take action on racial discrimination tend to have lower levels of productivity. This stems from employees not being interested in working hard, or because people with exceptional talents and skills choose to shy away from certain places of employment due to the fear of racial discrimination. Employees who feel wronged also tend to switch jobs, forcing the organization to spend more time and resources on hiring and training new employees, besides coping with the low productivity of a new employee. (Nayab)The effects of racial discrimination in the American work force could be identified with funded research on the topic. With ample data employers will be able to better understand the negative affects that racial discrimination have
Preston, V., Chua, J., Phan, M., Park, S., Kelly, P., & Lemoine, M. (2011). What Are Immigrants’ Experiences of Discrimination in the Workplace? Retrieved from TIEDI website: http://www.yorku.ca/tiedi/doc/AnalyticalReport21.pdf
In today’s workplace, African Americans continue to be subjected to overt discrimination. This can take the form of ethnic jokes, racial slurs and exclusionary behaviors by Euro-American co-workers and managers. Even more disturbing is the verbal abuse, calculated mistreatment and even physical threats experienced by some African Americans while on the job. African Americans have also faced overt acts such as being reassigned to lower level projects, not receiving a promotion even though they were equally qualified and receiving less wages than other employees, even less qualified new hires. The discrimination can be so pervasive that African Americans feel uneasy and threatened, demotivated and disrespected, eventually feeling forced to leave to search for other employment.
According to Eisenhower (1959, March 13), “I believe that the United States as a government, if it is going to be true to its own founding documents, does have the job of working toward that time when there is no discrimination made on such inconsequential reason as race, color, or religion” (Eisenhower, 1959 March 13). In this paper I am going to discuss a case where an employer argued BFOQ (bona fide occupational qualifications), should Title VII apply to every company regardless of the number of employees, and should race and color be permissible bona fide occupational qualifications.
On the case of Ricci Vs. DeStefano the white fire fighters were not victims of reverse discriminated; however, there was some type of merit of discrimination. Nonetheless, in as much as these white fire fighters met the passing promotion exam standards which stated that " Captain exams, and Lieutenant exams for White is 58.1%, Black is 31.6%, and Hispanic is 20%". it's still not the good reason for them to get promoted. Moving forward, the reason why they are not victims of reverse discrimination is because being a supervisor entails a lot other than just passing a written job performance multiple-choice test. However, Effective leader should be a reflection of character, integrity, command, and years of experience.
greater freedom of expression, religion, and sexuality in developed nations. Immigrant discrimination regarding the Hispanic community has become a prevalent issue within the past decades. In the United States, members of the Hispanic community have been discriminated against unfairly for various reasons. Examples of general discrimination include: difficulty in securing jobs due to immigrant status, educational laws for immigrants that do not have proper paperwork, and the realistic fear of deportation. In addition to these discriminations, Hispanics immigrants are often treated with unfair suspicion by others. These issues do not only affect an individual but rather their families as well. Recently, problems with these issues have increased
(1) 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; or
Before the principal meets with the student, they must consider the different reasons as to why the student should be reconsidered for the position or be kept in denial. The school planned a trip to Cuba. Fifteen spots were created for students able to pay the cost of $2100; these students had to have good grades and be involved in their community. Five positions were reserved for students of diverse backgrounds, members of the LGBTQ community and those with disabilities. After being denied one of the reserved positions, Chandler Smith, a student, became angry with the school principal. Chandler believes that she’s the victim of reverse discrimination, and was wrongly denied a spot within the five reserved. To help make the decision as to whether or not this should be revisited, the following precedents were cited.
Issue: Did the trial court error when it gave the jury access only to calculations of damages that included ethnicity as a component? Should these types of formulas exist when determining future loss of wages for an injured child?
There are many forms of discrimination, the need for them to take some action. Some face discrimination by the exclusion of minority shareholders in the management of minority shareholders, withholding dividends, providing extra salary of shareholders.
A major concern in the business community is discrimination in the workplace. Not only has the United States become a melting pot, creating an increase in cultural diversity within the workplace, but society changes have added to a gender diversity as well (Deitch & Hegewisch, 2013). Company goals require these employees from different backgrounds and ethnicities to work together for a common goal. With that said, people are inclined to have misunderstandings when it comes to individuals who are different than they are.
Title VII makes it, "an 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 nati...