Abstract
Title VII makes it illegal to unfairly treat someone on the basis of race, color, national origin, sex or religion. The Act also makes it illegal to get revenge against a person because the person complained about unfair treatment, filed a charge of discrimination, or participated in an employment discrimination act of asking questions and trying to find the evidence. Title VII prohibits not only on purpose unfair treatment, but also practices that have the effect of unfairly treating people because of their race, color, national origin, religion, or sex. In this paper, not only will I discuss what Title VII is, but I will also explain the history behind the passage of the Civil Rights Bill that lead to Title VII.
Introduction
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However, his follower President Johnson carried Kennedy's wish forward through aggressive persuasion of Congress to pass the bill. At its core, the bill was designed to allow mainly African Americans to work and live together in the American society. Today, the Civil Rights Act of 1964 has broad importance for all racial minorities, religious organizations, and women. The bill has a definite amount of provisions, but the most important for businesses is known widely as "Title VII." (Lau & Johnson) Before the passing of the Civil Rights Act of 1964, it was actually legal for a job applicant to be rejected for a job due to their race, sex, religion or national origin. It was legal to be turned down for a job, promotion, or anything in that nature, due to discriminatory reasons. Title VII is a federal law, but it does not give victims of discrimination the immediate right to file a federal lawsuit. Instead, Title VII created a federal government unit, the Equal Employment Opportunity Commission (EEOC) to enforce the right to vote, to free speech,and to fair and equal treatment at work. The EEOC publishes guidelines and understandings for the people and facilities that are not part of the government to help businesses in deciding what employment practices are lawful or illegal. The EEOC also asks lots of questions about complaints filed by workers who believe they are victims of illegal discrimination. If the EEOC believes that illegal treatment has happened, they can file charges against the employer. Even if the employee has signed a legal hearing clause with the employer agreeing to send employment arguments to legal hearing, the Supreme Court has ruled that the legal hearing clause does not extend to the
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
Despite legislation for equal opportunities, sexism is still evident in the workplace. Women have made great advancements in the workforce and have become an integral part of the labor market. They have greater access to higher education and as a result, greater access to traditionally male dominated professions such as law. While statistics show that women are equal to men in terms of their numbers in the law profession, it is clear however, that they have not yet achieved equality in all other areas of their employment. Discrimination in the form of gender, sex and sexual harassment continues to be a problem in today’s society.
"Title VII of the Civil Rights Act of 1964." ():-. Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfm on Mar 17, 2014
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.
Disparate Impact arises when an employer's practices unintentionally excludes a protected class disproportionately (Player, Shoben and Lieberwitz, 1995). A "protected class" is a group of people, with common characteristics, which Congress has determined must be protected from inequality ("On-the-Job Discrimination: Gender Discrimination," 2004). This paper will analyze the landmark disparate impact case of Griggs v. Duke Power Co. (401 U.S. 424, 1971) from its beginning to its conclusion in the Supreme Court. Included will be the facts of the case and the issues detailed, as well as the history of the case from initial filing to final ruling.
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.
The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, ? All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside? citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights.
The Civil Rights Act of 1964 banned discrimination on the basis of race, sex, religion, or national origin by employers, and unions, and established the federal Equal Employment Opportunity Commission. Discrimination was not fully abolished, however, it opened the door to further progress. This further progress would result to an enactment of various other acts to help support the rights and cases of African-American people.
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...
Discrimination of women has been going on throughout the world since almost the beginning of time. Since the year of 1972, the United States of America has passed a law called title IX, which has improved women’s rights drastically. Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”(Office) Within a college/university or any federal financially assisted program title IX is applied. Women are to be treated equally and are given the opportunity to be involved in all activities that men are offered. Title IX has changed a women’s life in a positive way with the changes that have affected many women attending a college or university. Schools have to allow women in any classes that are offered but for sports it is a bit different. The school has to offer the same number of opportunities for women sports as men sports. Some have said that this will cause schools to cut some of the men’s sports to allow for equal numbers. “Overall, men's athletic opportunities since Title IX's passage have increased,” said the Women’s Sports Foundation.(Women’s) Many say that this is unfair to remove some of the men’s athletics, but is it fair that the women do not have to same opportunities that the men do? Title IX is not all about athletic equality; it also is involved in the classrooms and on the campuses of the college or university. Several main issues that title IX has improved are sexual harassment, equality in the classroom, equality in extracurricular activities and self-confidence in women.
The Civil Rights Act of 1964 forbid businesses connected with interstate commerce to discriminate when choosing its employees. If these businesses did not conform to the act, they would lose funds that were granted to them from the government. Another act that was passed to secure the equality of blacks was the Voting Rights Act of 1965. This act, which was readopted and modified in 1970, 1975, and 1982, contained a plan to eliminate devices for voting discrimination and gave the Department of Justice more power in enforcing equal rights. In another attempt for equal rights, the Equal Employment ...
In 1964, Congress passed the Civil Rights Act to end racial discrimination in employment, institutions like hospitals and schools, and privately owned public accommodations In 1965, congress returned suffrage to black southerners, by passing the Voting Rights Act of 1965 (Foner 926). In the case of Loving v. Virginia (1967), the Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional (Foner 951). Because of the civil rights movement in the sixties, minorities gained more rights than they had prior to the 1960s. While the 1960s were a time of advancement for minorities, it was also a time of advancement for women. In 1963, Congress passed the Equal Pay Act, which outlawed discrimination in the workplace based on a person’s gender (Foner 944).
Throughout history, readers and critics of Hamlet have continuously pondered about the possible climaxes throughout act V. Throughout the play Hamlet has an inner struggle from the moment the ghost of his father tells him that his brother Claudius murdered him. From that moment, he vows to avenge his father’s death. However, his inner struggles and soliloquies throughout the play about whether or not to kill Claudius create a sense of doubt and confusion in the audience. It seems as if there could be a possible climax at several points in the play. The first is in the internal play that Hamlet stages to see whether or not Claudius is guilty, then when Hamlet hesitates to kill Claudius right after the play, and when Hamlet mistakenly murders Polonius while speaking to Gertrude.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees because of their race, color, religion, sex or national origin. Religious Discrimination as part of the Civil Rights Act is the subject of this term paper.