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chapter 3 equal employment opportunity
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The laws on equal employment opportunity are designed to provide all workers fair consideration based on their job performance and not on any personal factors such as race, religion, gender, disability or genetic information. These laws have been enacted as extensions of the 14th Amendment and guarantees due process and equal protection against discrimination in the workforce. The U.S. Equal Employment Opportunity Commission (EEOC) enforces these laws ensuring that contractual commitments and Federal laws bind the employers in keeping their employment application processes within reasonable consideration of an applicant's background. Compliance with the standards of Title VII of the Civil Rights Act as well as the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and its amendments is expected from the employers and in this given case study, from the Gelato Cheese Company.
The passage of the Equal Employment Opportunity Act of 1972 provided the EEOC the authority to regulate the Title VII compliance of employers with fifteen or more employees. Title VII of the Civil Rights Act of 1964 provides protection against employment discrimination and prohibits employment discrimination of an individual “because of such individual's race, color, religion, sex, or national origin” (Section 703a, 1964). Gelato Cheese Company has one hundred workers with 75% of the workforce of white population who has completed high school against the 25 per cent from the minority groups and this information is important in considering Gelato’s is non-compliance with the Civil Rights Act of 1964. Gelato’s requirement for the employment of its cleaning crew is for high school diploma holders, and obviously with the...
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...ifications are not disadvantaging people at different ages. Gelato must be able to justify the need for specific qualifications objectively with considerations on equivalent or similar level alternative qualifications. Gelato must always consider disparate treatment and its prohibition in the employment of individuals taking note of disparate treatment as a situation when a person is treated differently from others; and such treatment is intentional and based on any of the protected factors. The concept of adverse impact must also be considered as it may be unintentional and may apply to a protected group instead of an individual. The individuals from the minority groups are most often disregarded even with their mental or physical capabilities and are at the disadvantage of attaining a job as they are not part of the society’s dominating large white networks.
The purpose of this assignment is to consider whether or not Gelato Cheese Company should make any changes in order to be in compliance with the Civil Rights Act of 1964, and the Age Discrimination in Employment Act (ADEA). This paper will discuss the definition of Title VII, the Age Discrimination in Employment Act, and its application in employment decisions. In order to be employed at Gelato Cheese Company for its cleaning crew, it is required that you have a high school diploma/ or GED equivalent and at the present moment, the company whole cleaning crew is under the age of 30 and white.
David Dunlap, a 52-year old African American male with 25 year boilermaker experience, 15 years of which include foreman experience, brought suit under Title VII, alleging racial discrimination by the TVA after being looked over after interviewing for positions within the TVA. The district court agreed that “Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants” (Walsh, 2010). The case was heard by the 6th District Court of Appeals and that court “affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court’s award of damages and fees to Mr. Dunlap” (Walsh, ...
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.
Equal Employment is giving the same employment opportunity to everyone without bias or discrimination because of race, religion, color or gender. Because of the importance of managing the practice of the federal government has established a Equal Employment Opportunity Commission (EEOC). This agency along with some others are responsible for ensuring organization abide by the law. What happens with the gray areas that organizations can finagle its way. In the case study of Cracker Barrel the gray area was found in the hiring of homosexuals. The homosexuals did not have a law that protect them from such discrimination, but that does not make it right.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition II. Regulation of Discrimination in Employment 3. Title VII of the Civil Rights Act of 1964, The McGraw-Hill Companies.
However, before entering into such agreement or a contract, an individual company should be fully conversant with all rules, regulations, and requirements of Equal Employment Opportunity Commission (EEOC). The Equal Employment Opportunity Compliance requires all organizations to provide company employment data categorized on the basis of ethnicity, gender and job category (Hinrichs, 2012). This survey and provisions are always mandated by federal statute and regulations to ensure that the minority in the society get equal opportunities just like the majority in the society to ensure that they have an opportunity at all levels of an organization. The primary objective of this compliance is to turn all employers into Equal Opportunity Employer who is an investor who does not secernate against any employee on the bases of their race, skin color, religion, national origin, sex, physical appearance or
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.
Discrimination in employment has been an issue that has plagued our society throughout history. At the turn of this century it was acceptable to advertise job openings and specifically state that people of a certain race, color, religion, gender, or national origin "need not apply". A lot has changed over the last 100 years. The proverbial "pendulum" has swung in the direction of federal protection of certain people, but the problem now is that it has swung too far.
According to the United States Department of Labor, affirmative action is the “banning of discrimination and requiring of contractors and subcontractors to take action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, national origin, disability or status as a Vietnam era or special disabled veteran” (Dept of Labor 2002). It is essentially a policy of actively hiring and promoting qualified individuals in historically disadvantaged groups such as minorities, women, and disabled veterans. These “equal opportunity” programs were designed to focus on education and employment, and the policies were implemented to take active measures, without the presence of discrimination, to ensure that groups that have historically suffered discrimination have equal opportunities as whites. Affirmative action policies seek to realign the balance of power and opportunity, and have proven to be effective when implemented in the workforce.
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.
Throughout the years the United States has faced many challenges with equal employment opportunities for everyone. The United States has developed The Equal Employment Opportunity Commission, also known as the EEOC, to enforce laws that help prevent everyone from being treated unfairly when it comes to employment options. The EEOC has established stipulations and overlooks all of the federal equal employment opportunity regulations, practices and policies (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Some laws that have been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of these laws have helped the United States citizens become treated more equally in the work force.
In conclusion, there are many rights to the employees’ when it comes down to equal opportunity employment. In this paper you learned of a few different types of discrimination towards employees’ and how different acts protect them in the workforce. It also has shown what rights a person has as an employee in the working environment.
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.
In order for any organization to select the perfect applicant for a job position, the organization provides pre-employment testing/screening. Pre-employment testing is beneficial for the company because it can help the company to reduce cost, decrease turnover and save time. Pre-employment testing that is provided must be valid and fair. (Quast, 2011) In addition to the validity of pre-employment testing/screening an organization must never discriminate a person’s age, gender or disability status. Therefore, more organization are becoming more diverse when it comes to employee selections. However, some ethical issue may arise when an organization decides to change their organization into a more diverse organization.
Another study and test with the purpose to empirically test this hypothesis by estimating different effect of age discriminations policies on older women and older men in the work force. The results in this study found huge differences between older women and older men in retirement and employment, which lead to the point that more discriminatory laws should be implemented to protect older women.