Decisions in Paradise
By: Edward • Essay • 1,245 Words • December 6, 2009 • 969 Views
Essay title: Decisions in Paradise
What is Title VII of the civil rights act of 1964? A federal law that prohibits discrimination in the employment world in regard to ones sex, race, color, national origin and religion. This is so for employees who have 15 or more employees and it applies to colleges, universities, employment agencies and labor organizations. Small businesses with one or two employees do not have to worry about most of the discrimination laws. This law states that it would be unlawful to refuse to hire or to discharges any individual, or otherwise to discriminate against anyone in regard to compensation, terms, conditions or privileges of employment, because of ones race, color, religion, sex, or national origin. To limit, segregate, or classify his employee or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or other wise adversely affect his status as an employee. This doesn't only apply to the hiring of an individual but also applies to individuals who are already working for a company and are experiencing discrimination. As time has passed there have been additions the law to accommodate the times in which age and disability have been added in the Civil rights act of 1991.
In the workplace discrimination can be a hard case to prove and win. There are some key terms that need to be understood in order to understand what is considered discrimination claims. Disparate treatment means the treatment of an individual who is less favorable that the treatment of others for discriminatory reasons. Disparate impact an unnecessary discriminatory effect on a protected class caused by employment practice or policy that appears to be non discriminatory. So what does this mean? Let us take religion for an example, due to your religious beliefs your employer may have to reasonably accommodate the religious practices of an employee, unless it would cause a hardship on the employer. Some basic rights include holiday observances, dress code, and expression in private work areas for daily prayer. One also can not be harassed due to their religious beliefs if an individual feels that they have been they can file a complaint. Of course ,one would have to advise the human resource department of any such accommodation needed and read up on that particular company's policy. Now we can discuss another extreme case of discrimination. Sexual harassment is a form of sex discrimination and occurs when an employee's response to unwanted conduct of a sexual nature creates an intimidating, hostile or offensive work environment. Sexual harassment can occur between two people regardless of gender. It may also affect a third party. In the event that one believes that they have been harassed they would need to document any instances with the human resources department also with keeping notes for themselves. No form of discrimination in the workplace is acceptable. The civil rights act prohibits any type of workplace discrimination. Employers are very aware of the law and therefore, must be very careful in how they do and say things to people. Upon hiring a person or speaking to an employee words must be chosen carefully to avoid any type of misunderstanding to where a person can feel uncomfortable. Although there is a law put in place to avoid this it is very difficult to prove that one has been discriminated against. One would need more than one instance of evidence in order to prove a case against an employer. Anyone can sue an employer if they fell they have been discriminated against but will one win a case of discrimination.
Does Title VII of the Civil Rights Act protect everyone? Can I sue my employer because I believe I didn't get a promotion because of my weight? My boss says that I am not pretty enough to be a hostess can I sue him? Unfortunately, not everyone and everything is covered under the Civil rights act Title VII. The original act itself specifically states that no individual is to be discriminated against because of their race, color, religion, sex or national origin added later was disability and age. What does all this mean? Jane works for a privately held company and has been there for 4 years a supervisor position becomes available in her department. Jane applies and has two interviews in which she thought she did great. She over hears the two managers that she interviewed saying she is qualified for the job but they are not too sure a woman can handle