Introduction
This case study will demonstrate the process of filing an Equal Employment Opportunity Commission (EEOC) complaint, by listing the reasons to file a EECO, location in which to file an EEOC, the duration to file an EEOC, and the eligibility of filing an EECO complaint. “The EEOC is an agency of the federal government, created by the Civil Rights Act of 1964 Title VII” (Guerin), to disallow employment discrimination. The EEOC is responsible for ensuring that covered employees comply with the intent of this act (Snell, Morris, Bohlander, 2014, p.112). Although the establishment of the EECO helped with most discrimination within the workplace, plenty of people still are not aware of their rights and how file a complaint with their
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To start the process of filing a complaint you should locate the closest EEOC office to ensure your employer fits the criteria covered by law. “Depending on the type of employer (for example, whether the employer is a private company, a state or local government agency, a federal agency, an employment agency, or a labor union) and the kind of discrimination alleged (for example, discrimination based on a person 's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information)” …show more content…
“In general, you need to file a charge within 180 calendar days from the day the discrimination took place, the 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis” (www.eeoc.gov). Although the time lapse may seem extensive, it is suggested to contact the local EEOC office instantly of the discrimination offense. The emerging of EEOC stems from the continuous mistreatment and discrimination of minorities from their employer. These group are also better known as the protected class. “individuals of a minority race, woman, older people and those with disabilities who are covered by federal laws on equal employment opportunity”. If you’re listed in anyone of these category you are protected by major federal EEOC laws that will accept
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.
Affirmative Action Question: Newton and Wasserstrom seem to disagree about whether affirmative action is a form of reverse discrimination. Explain how each arrives at their position about whether or not affirmative action is similar to or different from discriminatory laws of the Jim Crow era
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
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.
Title VII of the 1964 Civil Rights Act states that it is unlawful for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin…" 42 U.S.C. 2000e-2(a)(1). This law was enacted in an effort to set right the wrongs of the past and instill equity in the workplace; yet a new set of wrongs and social injustices have been created. This newly created set of wrongs and injustices are referred to as reverse discrimination. Reverse discrimination is discrimination against a majority class, and is ever increasing in public-sector employment.
In today’s workplace, African Americans continue to be subjected to overt discrimination. This can take the form of ethnic jokes, racial slurs and exclusionary behaviors by Euro-American co-workers and managers. Even more disturbing is the verbal abuse, calculated mistreatment and even physical threats experienced by some African Americans while on the job. African Americans have also faced overt acts such as being reassigned to lower level projects, not receiving a promotion even though they were equally qualified and receiving less wages than other employees, even less qualified new hires. The discrimination can be so pervasive that African Americans feel uneasy and threatened, demotivated and disrespected, eventually feeling forced to leave to search for other employment.
In order for John to file a discrimination complaint against his employer, he is required to file a charge with the Equal Employment Opportunity Complaint counselor or representative of the company. Once the charge has been filed, an investigation is made, or the charge maybe selected to an EEOC program and maybe dismissed. In this case, John is given a certain number of days to file a lawsuit on his behalf. This process would have to go through several lengthy stages such as the EEOC administrative process. If gone to trial it must go through filing of a summons, response and answer, discovery process, enlisting of experts, pre-trial, actual trial and a possible appeal.
The laws forbids discrimination when it comes to any type of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, and any other term of employment. Harassing one can happen in different forms such as saying remarks to them, racial slurs, etc. Discrimination has been happening on the daily to some. Presence of racial segregation or based on studies that assess differential success in securing housing by race (Sheldon). Beth Sheldon says in her article that race and sex in the housing market is interesting and illustrates the complex nature of housing discrimination
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.
United States. National Equal Pay Taskforce. Assessing the Past, Taking Stock of the Future. Washington: GPO, 2013. PDF file.
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
Workplace harassment is unwelcome actions that are based on a person’s race, religion, color, and sex, and gender, country of origin, age, ethnicity or disability. The targets of the harassment are people who are usually perceived as “weaker” or “inferior” by the person who is harassing them. Companies and employers can also be guilty of workplace harassment if they utilize discriminatory practices against persons based on ethnicity, country of origin, religion, race, color, age, disability, or sex. These discriminatory practices have been illegal since the passing of the Civil Rights Act of 1964 (Civil Rights Act of 1964), and have been amended to be more inclusive of other people who experience discrimination by the Civil Rights Act of 1991 (The Civil Rights Act of 1991), and most recently, President Obama’s signing of the Lilly Ledbetter Fair Pay Act of 2009 (Stolberg, 2009).
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.
Equal Employment Opportunity Commission where anyone with a discrimination complaint can go to the commissioner and the EEOC will take the issue to court. This was established for common individuals with lack of support or lack of income, which was an important civil right at the time. It is also illegal to refuse referral to another company due to race, sex, or religion. The law forbids discrimination by any program that receives money from the federal government. The government may cut off financing for a program that does not end discriminatory practices or policies. These are the guidelines set up by the government for all businesses to follow. If that is true, then why is it that businesses are using the phrase equal opportunity employer
There are many laws protecting employees and employers against harassment and discrimination. Harassment and discrimination constitutes more than just race, color, and religion. However, employees fail to report harassment and discrimination due to the lack of knowledge about their rights. Three of the most important laws e...