Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The structure of the federal court system
Comparison of the us constitution and the state constitution essay
Aspects of employment law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The structure of the federal court system
Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals and groups seek an end to discrimination through the resources of various agencies such as the Equal Employment Opportunity Commission (EEOC) and the state agencies, Fair Employment Practices Agencies (FEPAs). The EEOC is a government agency that has the responsibility of investigating complaints of discrimination submitted by employees in the private sector. This document will explain the processes of filing a discrimination complaint and the civil litigation process requirements in seeking relief through these channels. Though the civil litigation process starts at the state level, efforts may extend as far as the United States Supreme Court. In addition, of the complaints that reach the Supreme Court, the justices return some of these cases back to the lower courts. With these cases, some require further deliberations or they stand as adjudicated by the lower courts. (http://www.eeoc.gov/).
John an employee in the private sector wants to file a discrimination complaint against his e...
... middle of paper ...
...e criteria for selection.
References
Bennett-Alexander, D.D. & Hartman, L.P., (2004). Employment Law for Business (4th ed.). New York. McGraw-Hill.
About the U.S. Courts. (2002, February 8). Federal Judiciary Frequently Asked Questions. Retrieved January 9, 2005, from http://www.uscourts.gov/about.html
The U.S. Equal Employment Opportunity Commission (EEOC). (2003, August). About Equal Employment Opportunity (EEO). Retrieved January 9, 2005, from http://www.eeoc.gov/
The U.S. Equal Employment Opportunity Commission. (2003, August). EEOC's Charge Processing Procedures. Retrieved January 9, 2005, from http://www.eeoc.gov/charge/overview_charge_processing.html
The U.S. Equal Employment Opportunity Commission. (2003, August). Filing a Charge of Employment Discrimination. Retrieved January 9, 2005, from http://www.eeoc.gov/charge/overview_charge_filing.html
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.
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
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.
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.
Primarily, the employee was in violation of federal laws, which protect employees regarding slanderous or racially remarks. According to Title VII, it is...
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
A precedent case changed the way several businesses handle EEOC grievances. In the case of Arbaugh v. Y&H Corp, a female employee brought a lawsuit against her former employer claiming she had been sexually harassed and a lower court jury found in favor of the employee and award her punitive and compensatory damages. The employer did not realize an exclusion from the Civil Rights Act of 1964 applied to the business due to the small number of employees on the payroll. The Supreme Court found that even though Y&H Corp. did not employ fifteen or more employee it did not preclude a federal district court from hearing the complaint. This case directly influences the relaxed rules related to the Civil Rights Act for smaller businesses. A component of the thought behind a different level of enforcement for small businesses is they cannot handle the monetary implications of higher standards. Since this case in 2006, employers routinely make the applicable enforcement agency aware they fall below the employee threshold and this has provided an enhanced level of protection (Gentry, Robinson, Dibrell, & Franklin, 2013). This has not mitigated the risk that the EEOC will find a small business has violated Title VII and the business owner must appear in court to provide evidence they are a covered employer. The Arbaugh case created
"Myths And Facts About The Employment Non-Discrimination Act." Media Matters for America. N.p., n.d. Web. 08 Apr. 2014.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
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...
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
This article is about employment related sexual harassments that have been increasingly dramatically and has been an important ec...
Employment, Inc is committed to a policy, as stated by the Federal Employment Equity, of achieving equality in the workplace so that no person is denied employment opportunities, pay or benefits for reasons unrelated to ability. Employment, Inc is therefore committed to equal employment opportunities, as stated by the Civil Rights Act of 1964, for all applicants and employees without regard to age, race, color, religion, national origin, sex, physical or mental disability or any other unlawful grounds. In order to ensure an equitable workplace, Employment, Inc abides by a number of objectives as required by law. These objectives consist of::Workforce Survey - a collection of data on existing employees and determine those that fall into one of the designated categories.
The U.S. Equal Employment Opportunity Commission. (1997, January). Title VII of the Civil Rights Act of 1964. Retrieved from: http://www.eeoc.gov/policy/vii.html