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Equal employment opportunity manager
United states equal employment commission
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Introduction
The Equal Employment Opportunity Commission (EEOC) is the agency that enforces most federal employment laws (EEOC Laws, n.d.). Title VII prohibits employment practices that discriminate because of race, color, national origin, sex and religion (EEOC Laws,” n.d.). This paper will analyze Gelato Cheese Company’s common operating practices and evaluate whether compliance with the Civil Rights Act of 1964. Secondly, it will provide a recommendation as to Changes made to comply with the ADEA.
Background
Discrimination claims are increasing because of the shaky job market. Some claims are legitimate but others are just looking for a way to get a quick buck. It is imperative that Gelato’s
Cheese Company develop and enforce a policy
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Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act does not apply to the Gelato Cheese Company. Gelato Cheese Company employs a young workforce of one hundred workers between the ages of 25 and 35. Although 85% of employees are 35 and under, there are no obvious indicators, that someone over the age of 40 did not receive employment from the company. It would be a good idea for Gelato to promote hiring older candidates to avoid speculation. The ADEA, passed by Congress in December of 1967, points out the disadvantage of older workforces in retaining employment or reacqureing work when displaced from jobs (ADEA of 1967, n.d.) …show more content…
Gelato would not be in compliance depending on statistical rates. Disparate treatment can apply to the Gelato Cheese Company because there are discriminatory consequences. Gelato requires a high school diploma, consequently only 25% of blacks receive their high school diploma compared to 75% of whites. Hence, 50% of whites acquire employment compare to 50% of blacks. Disparate impact involves “employment practices that are facially neutral in their treatment of different groups but that in fact falls more harshly on one group than another and cannot be justified by business necessity (Dunn,
The "2nd U.S. Circuit Court of Appeals" held that those business practices that have had a disparate impact effect on the older workers are now considered to be actionable under one national anti-discrimination law (Hamblett, 2004). The case does reaffirm a second Circuit precedent that had been set but which is at odds with what a majority of federal courts have held. The appeals court supported the idea that a layoff plan had been properly brought under the The Age Discrimination in Employment Act of 1967 (ADEA) although the company did not have the intention of discriminating.
This policy was a direct violation of the Title VII of the Civil Rights Act of 1964, which impacted the way Duke Power handled new standards for hiring, promotion, and transfer promotion, and transfers. In order to work in positions outside of the labor department, Duke Power Company now requires a high school diploma or scores on standardized IQ tests equal to those of the average high school graduate (Grigg’s). The new standard for hiring, promotions, and transfer was meant to provide a better workplace standard for all of the company. The thirteen African American employees of Duke Power Company did not feel this way, the employees lawyer Jack Greenberg argued against Duke Power Company policy changes in December 1970 by stating, “They effectively perpetuated the discriminatory policies that Duke Power had utilized prior to the enactment of Title VII of the Civil Rights Act of 1964. Although the testing and diploma criteria disqualified African-Americans at a substantially higher rate than whites, Duke Power never established that they successfully measured ability to do the jobs in question”(NAACP).
Hannah’s Ice Cream is an ice cream business located on Elgin’s Beach main street at one of Lake Huron’s finest beaches. Before the original business owner and founder, Hannah, retired; this business was a thriving enterprise well admired by its local community. Equivalently important, it also established itself to become an icon in the town and its success was due to several factors. First factor: Hannah established an ethical workplace in which her employees were treated fairly and appropriately. To emphasize, her workers were paid more than minimum wage, they were provided with incentives, and they had the right voice their ideas on weekly improvement meetings. Additionally, most of her staff were teenagers and most of her customers were
The concept of discrimination is complex in the case of “The Big One” in this case, corporations in the United States of America such as Nike, Spalding, Microsoft and AT&T are not willing to change their ways of manufacturing their goods in third world countries and American detention centres, and this causes perfectly able bodied employees in the United States to become unemployed as more and more companies apply this measure to make additional profit for themsel...
The county should exhibit and stress age neutral policy in all their recruitments. The HR people should be trained and explained to send the copy while emailing prospective employees or while promoting existing employees, which could potentially reduce these lawsuits in the future.
"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.
Age discrimination has become more than a minor inconvenience throughout the twentieth century; indeed, the issue has become such a hot potato within the workplace that laws have been forced into existence as a means by which to address the problem. In order to help protect those who stand to be singled out and let go because of the unfairness of ageism, the Age Discrimination in Employment Act (ADEA) was designed with the older employee in mind.
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.
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
Our brand has been at the forefront of setting the pace for the Ice cream industry. We came into the business not just to revolutionize the way it is done but to make a huge difference. The Gelato brand is striving to become the leading model for all businesses in our industry. It may interest you to know that our goal is to make Gelato – ice cream – frozen desserts, a synonymous part of your daily life. We have created a channel that would keep giving us the impetus to cover much ground. People do not forget the rich experiences they have when they enjoy unique Ice Cream. We are the Company that would keep giving everyone unique experiences.
This case examines issues of asset control for Ben & Jerry’s Homemade, Inc., in light of the outstanding takeover offers by Chartwell Investments, Dreyer‘s Grand, Unilever, and Meadowbrook Lane Capital in January 2000.
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.
Age discrimination continues to be a problem for both men and women that are over the age of 40 in the workforce. In year 1967, the federal Age Discrimination in Employment Act ADEA was passed to prohibit discrimination against workers over age 40 and older. Another law in the year 1964, Title VII of the Civil Rights Act of 1964 that prohibits employment discrimination on the basis of sex, race, color, religion, or national origin. However there are still age discrimination and it seems to be more especially for older women more than older men. The Federal and the state should implement more regulations to protect workers' rights in all age groups, both in the younger and older generation including their race and gender.
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