Civil ights Act of 1964 enforced the Fourteenth Amendment to the Constitution by ensuring a legislative act that would prevent discrimination and extend equal protection under the law. The bill in its entirety protects all Americans, regardless of race, ethnicity, religion, national background, and gender. It was and still is considered to be a landmark bill, in spite of the fact that the Fourteenth Amendment already technically guarantees equal protection to all citizens of the United States. However, practice and theory are different beasts. President Johnson understood this, and foresaw the need to push forward legislation that would create a more perfect union offering liberty and justice to all people.
The Civil ights Act was surprisingly controversial, in a nation that prided itself on its values of equality and freedom. It took centuries for females and non-whites to have voting privileges in the United States. The battle for true equality was…...
mlaReferences
Blumrosen, R.G. (1978), Wage discrimination, job segregation, and Title VII of the Civil Rights Act of 1964.
Cornell University Law School (n.d.). Affirmative Action. Retrieved online: http://www.law.cornell.edu/wex/affirmative_action
Lee, J.M. (2008). Title VII of the Civil Rights Act of 1964. 9 Geo. J. Gender & L. 895
Title VII of the Civil Rights Act of 1964. United States Equal Employment Opportunity Commission. Retrieved online: http://www.eeoc.gov/laws/statutes/titlevii.cfm
" Gelato currently employs 100 people, 85% being 25 -- 35 years old. e currently do not know the "age makeup" of the surrounding community. To ensure that it complies with the demands of the ADEA, Gelato should analyze the community in terms of age ranges, including the age ranges encompassing ages 40 -- 70 years, and should institute recruiting and hiring policies that phase in age ranges compatible with those of the surrounding community.
orks Cited
Anonymous. (2008, September). How to fight workplace discrimination: Tips from EEOC lawyers. Retrieved April 20, 2014 from search.proquest.com eb site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/206804221
Anonymous. (2009, August). Take a policy approach to fight discrimination claims. Retrieved April 20, 2014 from search.proquest.com eb site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/206806415
Bereman, N. (2008, September 10). Adverse impact and disparate treatment. Retrieved April 20, 2014 from www.youtube.com eb site: https://www.youtube.com/watch?v=yjTZL9NEIVI
DFEH. (2009, February 10). Equal Rights 101: Reasonable accommodation. Retrieved April 20, 2014 from www.youtube.com eb site: https://www.youtube.com/watch?v=_ILi9pV4cbw&feature=related
Thomson…...
mlaWorks Cited
Anonymous. (2008, September). How to fight workplace discrimination: Tips from EEOC lawyers. Retrieved April 20, 2014 from search.proquest.com Web site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/206804221
Anonymous. (2009, August). Take a policy approach to fight discrimination claims. Retrieved April 20, 2014 from search.proquest.com Web site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/206806415
Bereman, N. (2008, September 10). Adverse impact and disparate treatment. Retrieved April 20, 2014 from www.youtube.com Web site: https://www.youtube.com/watch?v=yjTZL9NEIVI
DFEH. (2009, February 10). Equal Rights 101: Reasonable accommodation. Retrieved April 20, 2014 from www.youtube.com Web site: https://www.youtube.com/watch?v=_ILi9pV4cbw&feature=related
However, this is really not a distinct difference to Title IV law in regards to religion. It may be seen as analogous to not creating a hostile workforce environment by, for example, prohibiting all pregnant employees for no justifiable reason, which would discriminate against women, or prohibiting an employer from displaying the Confederate flag in his or her office, which would create a harassing environment for African-Americans, just as requiring individuals to engage in a Christian form of worship a work would harass a Jewish employee. Furthermore, if accommodating the religious beliefs of the employer would cause the employer undue hardship, compliance is not required, as is true of other protected categories. For example, a moving company can require an employee to be able to lift a certain amount of weight, even if this may make it more difficult for women or handicapped individuals to find employment with the business,…...
mlaWorks Cited
Religious Discrimination." (2007). The U.S. Equal Employment Opportunity
Commission. Page last modified on May 17, 2007. Retrieved 1 Jun 2007 at http://www.eeoc.gov/types/religion.htm
Accommodating eligion
Title VII of the 1964 Civil ights Act "prohibits employment discrimination based on race, color, religion, sex and national origin," a provision which lies at the heart of the August 22, 1995 Wall Street Journal article entitled "Legal Beat: Workers' religious beliefs may get new attention. ("Title VII") It is the prohibition against religious discrimination that the article claims Wal-Mart violated when they forced an employee to quit as a result of being scheduled for work on Sunday, his Sabbath Day. Because of a lawsuit filed by this employee, Wal-Mart incorporated a new religious accommodation policy which takes into account an employees religious beliefs when scheduling work shifts. And as a result of the thousands of other similar lawsuits filed across the United States, other employers are also incorporating new religious accommodation policies as well.
It was a Christian theology student named Scott Hamby who, after being purposefully scheduled to…...
mlaReferences
"Chapter 3: Providing Equal Employment Opportunity and a Safe Workplace."
The Human Resource Environment. McGraw Hill. Retrieved from http://highered.mcgraw-hill.com/sites/dl/free/0073381470/601812/Noe3e_Chapter_03.pdf
Jacobs, Margaret A. (22 August 1995). "Legal beat: Workers' religious beliefs may get new attention." Wall Street Journal. Print.
"Title VII of the Civil Rights Act of 1964." U.S. Equal Employment Opportunity
Hostile ork Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was employed as a rental manager with Forklift Systems, Inc., complained about comments and behaviors directed to her by Forklift's president, Charles Hardy. She claimed that Hardy's sexually harassing conduct caused her to suffer PTSD-like symptoms and that she was ready to resign when Hardy apologized and claimed he was only kidding. Later, after concluding that the harassment would not stop, she left Forklift and filed her complaint with the EEOC. The case was eventually heard by a U.S. magistrate judge…...
mlaWorks Cited List
American Psychological Association "Harris v. Forklift Inc." 2011.
Accessed 3 December 2011.
< www.apa.org > About APA > Directorates and Programs>
Cross, Frank. B, and LeRoy Miller, R. "Employment Discrimination." The Legal Environment of Business. Mason: South- West Cengage Learning, 2011
Constructive discharge materializes when an employee's only option is to quit their place of employment due to the employer making working conditions unbearable. In the scenario with the religious employee, the employee made it clear that he/she cannot work on a holy day due to his/her religious principles that are guarded under Title VII of the Civil ights Act of 1964. This mandatory shift forced on the employee created an unbearable condition in his/her workplace. Unbearable conditions may consist of: discrimination, harassment, or getting an undesirable modification in reimbursement or work for aims that are not professional.
Because the work shifts fell on days of religious observance for the employee and the company did not yield in providing an alternative shift, schedule, or option for the employee, he/she was faced with diminished work or to leave the job and quit thus creating an unbearable work condition. While employees who willingly quit…...
mlaReferences
American Law Institute-American Bar Association Committee on Continuing Professional Education (1988). Advanced employment law and litigation: ALI-ABA course of study materials. Philadelphia, Pa. (4025 Chestnut St.: American Law Institute-American Bar Association, Committee on Continuing Professional Education.
FindLaw (2003, January 24). GOLDMEIER v. ALLSTATE INSURANCE COMPANY, No. 01-3888., July 24, 2003 - U.S. 6th Circuit | FindLaw. Retrieved from http://caselaw.findlaw.com/us-6th-circuit/1483827.html
Labor & Employment Law Practice Group (2007, November 5). SIXTH CIRCUIT COURT DENIES EMPLOYEE'S RELIGIOUS ACCOMODATION AND DISCRIMINATION CLAIMS. Retrieved from http://www.plunkettcooney.com/publications-145.pdf
Lawson v. State of Washington (2002, April 10). Liebert Cassidy Whitmore | Court Concludes There Was No Constructive Discharge Due to Religious Beliefs. Retrieved from http://www.lcwlegal.com/64942
Constructive Charge Case
A CASE OF RELIGIOUS DISCRIMINATION?
Constructive Discharge
Mr. Charles Wright, Chief Executive Officer (date)
From: Mr. Terence North, Manager, Elementary Toy Division
Re: Employee Constructive Discharge Claim
Our legal counsel, Atty. Edison Hawks, today informed the undersigned in writing that a former employee, Mr. Alfred Peterson, had filed a claim of constructive discharge against the company. Mr. Peterson resigned last week from his post at our Production Department when our new policy on shift work became effective. He based his complaint on the provisions of Title VII of the Civil Rights Act of 1964, which prohibit workplace discrimination against religion. Mr. Peterson alleges that the enforcement of the new policy on shift work is discriminatory in that it requires employees to work on Sundays, which his religion observes as a holy day. Prior to this new policy, production employees worked from Mondays to Fridays only. Attached is the memorandum sent by Atty. Hawks.
It…...
mlaBIBLIOGRAPHY
Business Laws (2013). The civil rights act of 1964. Business Laws.com. Retrieved on February 18, 2014 from http://business.laws.com/sexual-harassment/civil-rights-act-of-1964
EEOC (2014). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity
Commission: U.S. Equal Employment Opportunity Commission. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/statutes/titlevi.cfm
-. Religious discrimination. Retrieved on February 18, 2014 from http://www.eeoc.gov/laws/types/religion.cfm
It was this Executive Order that required all entities doing business with the federal government to agree that, by doing so, that they would not discriminate on the basis of race, color, religion, gender, or national origin but the Executive Order went further and required that such entities agree to take steps to ensure adequate representation where it is found that there is an underrepresentation of women and other minorities. The terms of Title VII prohibit discrimination but it does not impose affirmative duties. Therein lays the essential difference affirmative action as dictated by Executive Order and the statutory provisions of Title VII.
Under the terms of the Executive Order, which is enforced by several offices of the federal government but enforced against employers through the Department of Labor's Office of Federal Contract Compliance Programs (U.S. Department of Labor, 2012), entities that fail to comply are debarred from further participation…...
mlaReferences
Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000 et seq (1964).
Exec. Order No. 11246, 30 FR 12319, 12935, CFR, 1964-1965.
U.S. Department of Labor. (2012). Office of Federal Contract Compliance Programs. Retrieved from United States Department of Labor: http://www.dol.gov/ofccp/
Affirmative Action
Abercrombie & Fitch and an applicant who wore a hijab to a job interview. The case was recently settled by the U.S. Supreme Court. In this case, the plaintiff Samantha Elauf wore a hijab to the job interview, but did not inform the company that she was Muslim. The company, Abercrombie & Fitch, has a "look policy" that prescribes specific appearance standards for its floor staff. The circuit court found that A&F did not need to accommodate the plaintiff because the company was not expressly informed that the plaintiff had need for accommodation on religious grounds. She had not clarified that she was Muslim and would need to wear the headscarf for religious reasons, which would have given her Title VII protections. The Supreme Court reversed that decision, making the point that the applicant's need for accommodation was a motivating factor in the employer's decision not to offer a…...
mlaReferences
Stoneburner, C. (2015). Supreme Court snatches victory away from Abercrombie & Fitch in hijab fight. Employment Discrimination Report. Retrieved October 22, 2015 from http://employmentdiscrimination.foxrothschild.com/2015/06/articles/equal-employment-opportunity-c/breaking-news-supreme-court-snatches-victory-away-from-abercrombie-fitch-in-hijab-fight/
Title VII of the Civil Rights Act of 1964. Retrieved October 22, 2015 from http://www.eeoc.gov/laws/statutes/titlevii.cfm
Totenburg, N. (2015). Justices: Retailer can't refuse to hire someone because she wears a hijab. NPR. Retrieved October 22, 2015.
Metal Workers Employment Law Case eview
One of the primary functions of the judiciary is to clearly define the parameters of legislative intent, as the passage of any law necessarily creates parties with a vested interest in bypassing or overturning the statute, and in the case of Local 28, Sheet Metal Workers v. EEOC 478 U.S. 421 (1986) the Supreme Court was again tasked with assessing the validity of a law via its method of application. This case of Sheet Metal Workers v. EEOC presented the high court with an opportunity to decisively delineate the remedies afforded to correct violations of Title VII of the Civil ights Act of 1964, which prohibited employers from discriminating on the basis of race, color, religion, sex, or national origin. When the New York State Commission for Human ights identified New York City's Local 28 Joint Apprenticeship Committee (JAC) as a gross violator of…...
mlaReferences
142 U.S.C. § 2000e-2000e-17 (1982)
Griggs v. Duke Power Co., 401 U.S. 424, 429 (1971).
Moreno, P.D. (1999). From direct action to affirmative action: Fair employment law and policy in america 1933-1972. (3rd ed.). Baton Rouge, LA: Louisiana State University Press.
Napolitano, S. (1987). Interpreting the legislative history of section 706(g) of title vii. Boston College Third World Law Journal, 7(2), 263-276. Retrieved from http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1378&context=twlj
IAC (iordan)
Any company that is a leader in an industry knows that what they sell had better be both quality and innovative in order to compete within their designated industry. iordan Manufacturing is no different. iordan has long been a company that offers both quality and innovative products in the plastic molding and parts industry. It also has a strong internal structure that works harmoniously with the objectives of the company. Despite iordan's position as a leader in their industry, the company does face some internal challenges, which work against their company objectives. This paper will look at these areas that require improvement, including finance and accounting, training budget, shipping and receiving, human resources, and the new pyramid bottle cap design for The Taylor Group. The paper will utilize the Issue, ule, Analysis and Conclusion (IAC) method in each distinct area.
Finance and Accounting
Issue: One of the chief reasons for…...
mlaReferences
Association for Automatic Identification and Mobility: Technologies: RFID / What is RFID?.
(2011).
Retrieved on 19 April 2011:
Affirmative Action
Ever since the upheavals of the 1960s precipitated a fundamental change in the way the United States regards civil rights, the notion of affirmative action has been regularly discussed and misunderstood throughout the national discourse. Requirements that certain employers enact affirmative action plans began with an executive order on the heels of the Civil Rights Act of 1964, Title VII of which specifies that employers may not discriminate on the basis of race, color, religion, sex or national origin. The executive order requiring that certain employers take affirmative action has subsequently been misunderstood to mean something other than it really does, because this order is nonetheless constrained by Title VII. By examining precisely which employers must maintain affirmative action plans and what those plans require them to do, one may understand the extent and limitations of affirmative action and how it relates to Title VII.
Before considering affirmative action plans…...
mlaWorks Cited
Kelly, E, & Dobbin, F. (2001). "How affirmative action became diversity management:
employer response to antidiscrimination law, 1961-1996" in Color lines: affirmative action, immigration, and civil rights options for America. Chicago, IL: University of Chicago Press.
Rubenfeld, J. (1997). Affirmative action. Yale Law Journal, 107(2), 427-472.
U.S. Commission on Civil Rights, Ohio Advisory Committee. (1998). Employment opportunities for minorities in Montgomery county, Ohio. Retrieved from http://www.usccr.gov/pubs/sac/oh0300/ch1.htm
ONCALE
Texting
Oncale v. Sundowner Offshore Services, Inc.: Case summary
elationship between the parties involved in the case
The plaintiff Joseph Oncale was an employee of Sundown Offshore Services. He sued his employer under Title VII of the Civil ights Act, alleging that he was subjected to sexual harassment and discrimination due to his gender based upon the hostile workplace to which he was subjected (Twomey 2013: 442).
Lower court decision(s)
The district court found in favor of Oncale's employers, who stated that Oncale had no right to sue under Title VII of the Civil ights Act, given that he was a male, and the stipulations of the act regarding sexual harassment applied only to females.
Short summary of the relevant facts
Joseph Oncale was employed as a roustabout on an oil platform in the Gulf of Mexico for Sundown Offshore Services. According to Oncale, he was repeatedly subjected to sexual harassment by members of the crew. Oncale…...
mlaReferences
Goodman, Ellen. (1991). The reasonable woman standard. The Boston Globe. Retrieved:
http://faculty.mdc.edu/dmcguirk/ENC2106/Goodmanareasonablestandard.htm
Twomey, David. (2013). Labor and employment law. Cengage.
awlinson Case
We Background - Dianne awlinson, a female citizen of the state of Alabama, applied for a job as a state prison guard, but was rejected because she failed to meet a state requirement that all prison guards must be at least 5' 2" tall and weigh a minimum 120 pounds. Additionally, a state regulation prohibited women from serving as guards in maximum security institutions because that position would require direct contact with male prisoners.
The Complaint - awlinson filed suit with the EEOC and brought a class action suit against Alabama corrections officials in which she challenged the height/weight as well as the "close contact" regulations. awlinson claimed that these rules violated her civil rights under Title VII (1964) Civil ights Act.
The uling - The District Court ruled in awlinson's favor on both counts. It took into account national statistics that outlined the comparatives heights and weights of men and…...
mlaREFERENCES
Dothard v. Rawlinson (No. 76-422). (1977). United States Supreme Court.
Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0433_0321_ZS.html
CSWD (Council on Size and Weight Discrimination). (2006). Laws and Ordinances. Retrieved from: http://www.cswd.org/docs/legalaction.html
Cushman, C. (2001). Supreme Court Decisions and Women's Rights. Washington, DC: CQ Press.
individual with a communicable disease that is a disability is other wise qualified for the job?
Individuals with disease can be judged for qualifications in the same way as any other individual applying for a job. Communicable or infectious diseases are considered to constitute a disability when the disease is impairing to such a degree that it "limits one or more major life activities" (Human Resources UNC). In these cases, individuals with communicable disease should be treated like any other disability. When judging whether a disabled individual is qualified for a job, it must be determined if they can perform the specific job with reasonable accomodations. If a communicable disease does not result in disability, then the individual should be judged as a nondisabled person. Additionally, law generally "permits an employer to fail to hire, transfer, promote, or to discharge a disabled person if the person has a communicable disease…...
mlaBibliography
Choose Charity. "How to Run a Business Without Hiding Your Faith." http://choosecharity.org/titlevii_information.htm#_edn1
Cohen, Michael. "As Freely As Everyone Else" Human Rights Campaign. CONTENTID=25218& TEMPLATE=/ContentManagement/ContentDisplay.cfmhttp://www.hrc.org/Template.cfm?Section=Home& ;
Human Resources UNC. "Summary of Applicable Laws and Policy Guidelines." Human Resources University of North Carolina. http://hr.unc.edu/Data/SPA/employeerelations/summary-of-laws
Rochelle, Dudley. "Ten Tips for Employers to Avoid Religious Discrimination" Marketplace Leaders. columnid=743http://marketplaceleaders.org/articles_view.asp?articleid=5623& ;
Title I: The Dichotomy of Communication: Oralism versus Manualism in Deaf Education
Title II: The Historical Battleground of Deafness: The Clash between Oralism and Manualism
Title III: The Sonic and the Tactile: Unveiling the Epistemological Divide between Oralism and Manualism
Title IV: Communication at the Crossroads: Oralism, Manualism, and the Deaf Community
Title V: The Language of Exclusion: Exploring the Societal Implications of Oralism and Manualism
Title VI: The Legacy of Deaf Education: A Comparative Analysis of Oralism and Manualism
Title VII: Deaf Identity and Communication: The Symbiotic Relationship between Manualism and Deaf Culture
Title VIII: The Pedagogy of Language Acquisition: Oralism versus Manualism and the Impact....
Key Milestones in the History of the Women's Rights Movement
Throughout history, women have fought tirelessly for their rights and equality. The women's rights movement has witnessed significant milestones that have shaped the social, political, and economic landscape for women worldwide. Here are some key milestones:
1848: Seneca Falls Convention
Held in Seneca Falls, New York, it was the first women's rights convention in the United States.
Elizabeth Cady Stanton and Lucretia Mott drafted a Declaration of Sentiments demanding equal rights for women.
1851: The First Women's Rights Convention in Ohio
Organized by Lucy Stone, Frances Dana Gage, and Paulina Wright Davis.
Emphasized....
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