The Civil Rights Act of 1964 was the catalyst in abolishing the separate but equal policies that had been a mainstay in our society. Though racial discrimination was the initial focal point, its enactment affected every race. The Civil Rights Act of 1964 prohibits discrimination in housing, education, employment, public accommodations and the receipt of federal funds based on certain discrimination factors such as race, color, national origin, sex, disability, age or religion. Title VII is the employment segment of the Civil Rights Act and is considered one of the most important aspects of legislation that has helped define the employment law practices in this country. Prior to Title VII, an employer could hire and fire an employee for any given reason. Title VII prohibits discrimination in hiring, firing, training, promotion, discipline or other workplace decisions. (Bennett-Alexander-Hartman, Fourth Edition, pp 85) Though it applies to everyone, its enactment was especially significant to women and minorities, who until its passage had limited recourse in harassment based discriminations in the workplace.
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...
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.
...nequal pay, sexual harassment, seniority and maternity leave. The antidiscrimination laws that exist today and the cases that are successful because of them create an awareness that no employer will go unaffected if a discrimination suit is brought forth. (Jennings, 2006)
The issue of discrimination against members of the minority groups in the States of America is apparently not something new. This is because some employers have been taken undue advantage (discriminate) over the minority in terms of employment. And some of this was based on religion, sex, race, disability, age, color and the like making life difficult for the average man to survive. Therefore, the concept (discrimination.) became a national concern, yet the government was reluctant to take any dramatic action on equal employment until the early 60’s where they (the government) thought of addressing it (the issue). It was to this effect that, the civil right act known to be Title VII of the 1964 was introduced into the system. It brought about what is known to be the Equal Employment Opportunity Commission (EEOC), which was endorsed by the government. The act was meant to prohibit discrimination among employers. It (Title VII of the 1964) clearly stipulates that, Dessler (2008) ‘’employer cannot discriminate based on race, color, religion, sex or national origin’’. Also, the law added that Dessler, (2008) ‘’employers cannot limit, segregate, or classify his or her employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an
The Civil Rights Act of 1964 was established to ensure equality of opportunity and treatment among men, regardless of race. The Affirmative Action Laws administer employers to use a selection process when hiring, which concerns race (Scholars). Seemingly contradicting the intentions of the Civil Rights Act, the laws enforce a diverse workplace, without notice of ability. In the late 1970’s reverse discrimination became an issue.
During the 1950’s and 1960’s there were major changes in civil rights taking place within the United States. In 1964 Congress passed the Civil Rights Act, which sought to create equal opportunity for minority groups in the nation and eliminate discrimination. Shortly thereafter, “the goal of the civil rights movement shifted from the traditional aim of equality of opportunity through nondiscrimination alone to affirmative action to establish ‘goals and timetables’ to achieve absolute equality between blacks and whites” (Dye 253). These goals and timetables were cemented with Executive Order No. 11246, issued by President Lyndon B. Johnson in 1965. This order is commonly referred to as the foundation for modern-day affirmative action programs. Today, affirmative action is a very controversial subject, with as many opponents as there are supporters. Based on the evidence and arguments available for research, affirmative action programs remain beneficial and essential for racial equality.
Issue: Under Title VII of the Civil Rights Act of 1964 can an employee who is African American demonstrate that her employer discriminated against her by failing to promote her to the position of senior control buyer, where she has seven years of experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience as a retail buyer in the private sector and has been with the company for six months?
Public Need
There was a great public need for legal human protections against immoral and inhumane acts against individuals who were not white, male, Anglo-Saxon protestants, or born in the United States. The definition of The Civil Rights Act of 1964 from the Intercultural Development Research Association says, “Forbade discrimination on account of race, color, age, creed or national origin in any federally funded activity” (Law and Court Cases Related to National Origin Equity and Desegregation, p. 1). However, before this Civil Rights Act of 1964 came into effect, people were constantly being discriminated and mistreated because of who they were, what they believed in, and where they came from. There was absolutely no law or act to state that these discriminatory behaviors were wrong or illegal.
"Title VII of the Civil Rights Act of 1964." ():-. Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfm on Mar 17, 2014