Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Nature of gender discrimination
Title VII of the Civil Rights Act of 1974
Introduction on gender discrimination
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Nature of gender discrimination
Title VII of the Civil Rights Act of 1964 protects against employment discrimination based on “race, color, religion, sex, or national origin” (Moran, 2014, p. 164). This helps ensure fair treatment to all workers. To ensure the safety of all workers, Title VII also protects against harassment, which includes quid pro quo harassment, hostile environment harassment, religious harassment, and racial harassment.
Quid Pro Quo Harassment
Quid pro quo sexual harassment, also known as vicarious liability, is employment or employment benefits are given by a supervisor in exchange for unwanted sexual favors. There are six requirements for it to be considered sexual harassment. First, the victim must be a member of a protected class. Second, the complaint
…show more content…
First is quid pro quo sexual harassment, which is when a supervisor demands sexual favors for employment or employment benefits. The second form of sexual harassment is hostile work environment harassment, which is when an employee frequently makes unwanted sexual comments, advancements, or anything similar to another employee (Moran, 2014). All six requirements must be met in order for the claim to be considered sexual harassment. Gender discrimination differs from sexual harassment. Gender discrimination “occurs when individuals of one gender are favored in employment decisions over the other gender” (Moran, 2014, p. 243). This can happen to both men and women. Gender harassment is non-sexual in nature, but rather is making offensive remarks about a person’s gender frequently enough to create a hostile work environment. Gender harassment can happen with people of the opposite sex and persons of the same sex (U.S. Equal Employment Opportunity Commission [U.S. EEOC], n.d.). Sexual orientation discrimination is the unfair treatment of someone solely based on their sexual orientation. Unlike sexual harassment and gender discrimination, sexual orientation discrimination is not protected under Title VII. However, there are state and local laws that prohibit it (Moran,
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conducts of a sexual nature constitute (are) sexual harassment when: (1) submission to (agree to) . . . or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or (2) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile (threatening), or offensive working environment” (ENotes.com...
Title VII under the Civil Rights Act of 1964 was enacted on July 2nd, 1964 as a mitigation strategy to prohibit any form of discrimination on grounds of a person’s religion, sex, color, race or their national origin. The law was originally meant to solve the problem of discrimination witnessed during voter registration. It was also expected to solve discrimination present at workplaces and schools where there was widespread racial discrimination. However, the law has become an even more relevant tool and has seen to it that hiring and firing processes by many companies are adherent to it.
Title VII of the Civil Rights Act of 1964 prohibits most of the discrimination and harassment in the workplaces. The provision of the Title VII covers all the state, local government, private employees as well as educational institutions that have at least 15 employees or more. The Act prohibits any discrimination that may be meted against the individuals on the basis of the origin, religion, sex, color, race, and national origin (http://topics.hrhero.com/title-vii-of-the-civil-rights-act-of-1964/).
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.
According to the article, the professor was punished because “officials declared that he had violated "the spirit of" a university rule barring romantic relationships between instructors and their students”(Schmidt). At the time of the relationship, which was voluntary, the student was no longer in the class so she was not his student so the reason for which the professor is punished is invalid. Also, this case does not meet the criteria for sexual harassment because it was a voluntary relationship and neither pressed any
Sexual harassment is an important issue in every business; if left unattended it could cost companies millions in damages. In 1980 the Supreme Court ruled that sexual harassment was a violation of the Civil Rights Act of 1964. From 1978 to 1980, sexual harassment cases brought against companies cost them $189 million. This number rose to $267 million from 1985-1987. Damages are just measured only by numbers. Sexual harassment can cause harm to a company's image, reputation, customers, as well as their revenue.
3. Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment.
The Civil Rights Act of 1964 was the catalyst in abolishing the separate but equal policies that had been a mainstay in our society. Though racial discrimination was the initial focal point, its enactment affected every race. The Civil Rights Act of 1964 prohibits discrimination in housing, education, employment, public accommodations and the receipt of federal funds based on certain discrimination factors such as race, color, national origin, sex, disability, age or religion. Title VII is the employment segment of the Civil Rights Act and is considered one of the most important aspects of legislation that has helped define the employment law practices in this country. Prior to Title VII, an employer could hire and fire an employee for any given reason. Title VII prohibits discrimination in hiring, firing, training, promotion, discipline or other workplace decisions. (Bennett-Alexander-Hartman, Fourth Edition, pp 85) Though it applies to everyone, its enactment was especially significant to women and minorities, who until its passage had limited recourse in harassment based discriminations in the workplace.
“In 2011, there were 11,364 complaints of sexual harassment made to the U.S. Equal Employment Opportunity Commission: 84 percent filed by women and 16 percent filed by men” (aauw.org). Sexual harassment in the workplace is very serious and is unacceptable at all places of employment throughout the US. Individuals should be able to show up to work without the fear of an individual sexually harassing them. “Sexual harassment of men does occur, though there is less information about the problem because men are less likely to report the behavior.” (workharassment.net). Aside from sexual harassment are workplace relationships. There are good workplace relationships, and there are bad workplace relationships. How can victims of sexual harassment in their workplace put a stop to the inappropriate behavior? What is classified as a good workplace relationship, and a bad one? In my paper I will discuss sexual harassment in the workplace, and what one can do when they feel they are being harassed. Also, I will discuss the good and the bad of workplace relationships.
The U.S Equal Employment Opportunity Commission describes sexual harassment as a form of gender discrimination that is in violation of the Title VII of the 1964 Civil Rights Act. Undesirable sexual advances, request for sexual favors, and further verbal and physical conduct of a sexual nature constitutes sexual harassment, when compliance to or refusal of this behavior explicitly or implicitly affects an individual employment (EEOC).
Workplace harassment is unwelcome actions that are based on a person’s race, religion, color, and sex, and gender, country of origin, age, ethnicity or disability. The targets of the harassment are people who are usually perceived as “weaker” or “inferior” by the person who is harassing them. Companies and employers can also be guilty of workplace harassment if they utilize discriminatory practices against persons based on ethnicity, country of origin, religion, race, color, age, disability, or sex. These discriminatory practices have been illegal since the passing of the Civil Rights Act of 1964 (Civil Rights Act of 1964), and have been amended to be more inclusive of other people who experience discrimination by the Civil Rights Act of 1991 (The Civil Rights Act of 1991), and most recently, President Obama’s signing of the Lilly Ledbetter Fair Pay Act of 2009 (Stolberg, 2009).
MacKinnon coined two types of sexual harassment claims which were quid pro quo and hostile work environment that were adopted for “framing and proving allegations of sexual harassment. In 1980, the EEOC also adopted these guidelines which are as
Sexual harassment can happen in the form of belittling remarks regarding specific gender.... ... middle of paper ... ... To conclude, sexual harassment is a tremendously huge issue that should be taken seriously.
In today’s workplace, sexual harassment is a growing problem. The legal definition of sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. Another definition is the making of unwanted and offensive sexual advances or of sexually offensive remarks or acts, especially by one in a superior or supervisory position. Women and men of all ages, backgrounds, races and experience are harassed on the job. Sexual harassment encountered in workplaces is a hazard across the world that reduces the quality of working life, jeopardizes the well-being of women and men, undermines gender equality and imposes costs on firms and organizations.