Civil Rights and Employment Discrimination

726 Words2 Pages
bulb-icon

Recommended: Gender/race discrimination

Discrimination in employment law is taking job-related action against an employee on the basis of their age, race, skin color, religion, national origin, or gender. The categories listed are known as protected classes. Employers cannot use employee membership in a protected class when deciding how to treat employees (Disparate Treatment) or when making promotion or advancement decisions (Disparate Impact). Some Federal law only applies to companies that employ a certain number of individuals. The following case is an example of the reasonability test applied by the courts in a discrimination case.

If employees are harassed by coworkers, supervisors, or employer agents because of an employee’s membership in a protected class, the employer may be vicariously liable of practicing discrimination and creating a hostile work environment. Gender-based discrimination is the most common form of harassment and is the most common type of discrimination lawsuit filed. Even if employee harassment is committed without the employer knowing, the employer may be liable. The employer may als...

Show More
Related

  • Aquino Vs Honda Summary

    813 Words  | 2 Pages

    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

    Read More

  • Psy 270 Week 5 Health And Social Care Case Studies

    587 Words  | 2 Pages

    The next class that is going to be protected is harassment. The EEOC is going to state harassment as any unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Anna could possibly be protected under this class if the harassment came form the boss. Since the harassment came from others in the

    Read More

  • Disparate Impact

    1393 Words  | 3 Pages

    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.

    Read More

  • The Pros And Cons Of Employee Discrimination

    893 Words  | 2 Pages

    Employee discrimination occurs when an employer harasses or terminate an employee purely because of race, religion, gender, age, national origin, and/or disabilities. While there have been great improvements in eliminating these discriminatory actions, sexual orientation and/or gender identity based discrimination isn’t

    Read More

  • Discrimination Case Study

    1057 Words  | 3 Pages

    Discrimination, in one form or another, goes on everyday in the world around us. Discrimination affects all of us whether we are aware of it or not. Discrimination is defined as “unjustified differential treatment, especially on the basis of characteristics such as race, ethnicity, gender, sexual orientation, or religion” (MacKinnon). According to Eugene Lee of California Labor and Employment Law “racial discrimination and racial harassment” are the most popular complaint when it come to discrimination in the United States.

    Read More

  • Disparate Treatment

    1099 Words  | 3 Pages

    Disparate treatment is a form of discrimination that is prohibited by laws in which all employers must comply, including fire and emergency services. Disparate treatment in the workplace is applicable to many functions of the workplace, including, discipline, promotions, hiring, firing, benefits, layoffs, and testing (Varone, 2012). The claim of disparate treatment arises when a person or group “is treated differently because of a prohibited classification” (Varone, 2012, p. 439). In the 2010 case, Lewis v. City of Chicago, six plaintiffs accused the city of disparate treatment following testing for open positions within the Chicago Fire Department (Lewis v. City of Chicago, 2010). The case is based on the argument that the Chicago Fire Department firefighter candidate testing, which was conducted in 1995, followed an unfair process of grouping eligible candidates, therefore discriminating against candidates of African-American descent.

    Read More

  • Discrimination Against Racism

    110 Words  | 1 Pages

    Blacks considered the N-word to be one of if not the the absolute worst and most offensive word throughout history. Why should that suddenly change because the last two letters are changed to an a? The meaning and history of the word is something of which many members of the younger generation are completely oblivious. Why should this dehumanizing, demeaning word be used freely in songs and everyday speech? In the words of Martin Luther King Jr: “We hold these truths to be self-evident: that all men are created equal.” If all men are created equal, then why should blacks be discriminated against in everyday language and in popular songs?

    Read More

  • Race Based Employment Discrimination

    1220 Words  | 3 Pages

    Title VII of the Civil Rights Act and various other federal and state laws prohibit intentional discrimination based on ancestry or ethnicity. Some employers practice blatant forms of minority discrimination by paying lower salaries and other compensation to blacks and Hispanics. Others engage in quota systems by denying promotions and jobs to individuals on the basis of race or color. Federal laws prohibit employers of 15 or more employees from discriminating on the basis of race or color. Virtually all states have even stronger anti-discrimination laws directed to fighting job-related race and minority discrimination. In some states, companies with fewer than eight employees can be found guilty of discrimination.

    Read More

  • Racial Discrimination And Discrimination

    1229 Words  | 3 Pages

    When individuals first encounter one another, the first thing noticed is not their intellect or poise, but it is the color of person’s skin that is seen first. At that point, assumptions are made based upon their race and ethnicity, which ultimately guides interaction. The stereotypes of blacks have not diminished, but have significantly heightened by the media depicting black individuals as obnoxious and ignorant. Many people may argue that affirmative action is no longer needed because African Americans are now on a leveled playing field; however, if women are only worth seventy-seven cents to a dollar, what makes individuals think that blacks, who were once considered three-fifths of a person, are treated any better? Regardless of socioeconomic

    Read More

  • Employment Discrimination And Discrimination

    1402 Words  | 3 Pages

    Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment. The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.

    Read More

  • Racial Discrimination in the Workplace

    1557 Words  | 4 Pages

    Introduction- Discrimination affects people all over the world. People of all ethnicities and from all different walks of life are influenced in some way by workplace discrimination. "Discrimination" means unequal treatment. One of the most common elements discriminated against is a persons ethnicity, or their race. This is called Racial Discrimination. While there are many federal laws concerning discrimination, most states have enacted laws that prohibit it. These laws may have different remedies than the federal laws and may, in certain circumstances be more favorable than the federal laws.

    Read More

  • Functional Discrimination Case Study

    917 Words  | 2 Pages

    Discrimination can be defined as the unequal treatment of equal groups in workplace situations such as engagement, compensation, and promotion. There are two key notions of discrimination in relation to a workplace context;

    Read More

  • What Is Discrimination In The Workplace Essay

    1075 Words  | 3 Pages

    Discrimination is a feasible method of making decisions in life based on the group, class, or category to which a person belongs to. “In an ideal world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we constantly face all kinds of neglect based on different attributes.” When one hears the word discrimination, the first thought that comes to mind is racial discrimination. In fact, it does not solely have to be racial discrimination. There are many forms of discrimination such as age, disability, transgender, and sex discrimination. This paper will focus on discrimination based on gender, race and age in the workplaces.

    Read More

  • Discrimination In The Workplace Essay

    1081 Words  | 3 Pages

    What exactly is workplace discrimination? (Statistic) It can be defined as a less favorable treatment towards an individual or a group of individuals at work, usually based on their nationality, skin color, sex, marital status, age, sexual orientation, or other defining attributes. It can appear as a denial of certain rights, negligent treatment, deliberate harassment or work results and achievements, and so on. A person can be discriminated by their coworkers or by the employer. Thesis: Gender inequality in the workplace is an ethically historic and significant issue which requires adequate solutions because it leads to unethical discrimination of women, minorities, and those who are members of the LGBT community. As a rule, discrimination

    Read More

  • Harassment and Discrimination in the Workplace

    1089 Words  | 3 Pages

    Harassment and discrimination claims are due to lack of education about the subject. As an independent human resources consultant, Santiago-Santos will organize a local education campaign and provide employers with different trainings to educate them and their employees about harassment and discrimination. Employers will have a better understanding on how to develop internal policies and procedures to address these claims. Also, trainings will be provided for employees and they will be educated on how to prevent and identify harassment and discrimination as well as what steps to take in order to report such behavior.

    Read More

More about Civil Rights and Employment Discrimination

Open Document