Legal Issues in Reduction of Workforce Simulation
FastServe, Inc. is a $25 million dollar company with a workforce of 350 employees directly involved in the marketing of sports apparel. The primary segment of the population that FastServe targets is labeled Generation Y. This segment of the population is mostly interested in sport activities. FastServe opened online marketing and distribution channels one for boys and one for girls. 10 percent of the FastServe's employees were transferred to manage the online distribution websites. After the websites were up and running, problems with the 3-D drape-n-see mannequins arose. Downloading was so cumbersome that customers were not ordering enough with downloading. Because of this problem and the lack of sales, FastServe opted to eliminate the online distribution service. The shutdown of the online distribution service will precipitate downsizing. Several employees will have to be laid off with the remaining employees retained with new job descriptions. The selection of those that remain is based on past performance and skill sets. The five employees considered for dismal are Carl Haimes, Brian Carter, Sarah Boyd, Nora Manson and Jenny Mills. The table below will demonstrate the legal concept that relates to their employment position with FastServe (Legal Environment of Business).
Employee Employment Law Concepts Relation to Concept
Carl Haimes Sexual Orientation Discrimination
Title VII of the Civil Rights Act of 1964 does not specifically address sexual orientation but it does prohibit discrimination based on sex (Reed, Shedd, Morehead, & Corley, 2004, p. 456).
Title VI of the Civil Rights Act of 1964 states that any program that receives federal funding and assistance may not discriminate based on race, national origin, or skin color. All students are allowe...
Title VII of the Civil Rights Act of 1964. (n.d.). The U.S. Equal Employment Opportunity Commission. Retrieved November 20, 2014, from http://www.eeoc.gov/laws/statutes/titlevii.cfm
Lichenstein, N. (2007) Why Working at Walmart is Different Connecticut Law Review, Volume 39 Number 4, May 2007
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance. (Preamble to Title IX)
"No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid."
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
This was the foundation for Title IX legislation today. When the Civil Rights Act passed, it failed to mention “sex” in any of the titles that addressed education. This was corrected during the reauthorization of the Higher Education Act of 1965 in 1972. While Title IX was born in 1972, the focus of sexual harassment was not viewed as a form of discrimination at that time. Likewise, sexual assault was also not considered a form of discrimination, but was viewed as crime of violence to maintain culture control by men. It is important to note that the interpretations of sex discrimination through Title VII by the Equal Employment Opportunity Commission (EEOC) played a key role in advancing the Title IX. The EEOC established guidelines for sexual harassment as a form of sex discrimination in 1980 based on Title VII of the Civil Rights Act. The Supreme Court affirmed that harassment constituted sex discrimination under Title VII. (Silbaugh, Boston Law
... Civil Rights Act of 1964, which banned discrimination in employment practices and public accommodations.
In 1964, Congress passed the Civil Rights Act to end racial discrimination in employment, institutions like hospitals and schools, and privately owned public accommodations In 1965, congress returned suffrage to black southerners, by passing the Voting Rights Act of 1965 (Foner 926). In the case of Loving v. Virginia (1967), the Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional (Foner 951). Because of the civil rights movement in the sixties, minorities gained more rights than they had prior to the 1960s. While the 1960s were a time of advancement for minorities, it was also a time of advancement for women. In 1963, Congress passed the Equal Pay Act, which outlawed discrimination in the workplace based on a person’s gender (Foner 944).
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Title IX
Doortodoor Sports Equipment Company retains a higher percentage of employees in their Sales Part-Time (SP) and Assistant Sales Manager (ASM) positions. The company retains 60% of their SPs and 80% of their ASMs. While the organization retains 70% of their Regional Sales Managers (RSM), they lose 30% in turnover. The retention rate for RSMs is high, but the total number of employees in this position within the company is lower than other job categories resulting in the highest turnover rates in the company. The job category with the total highest exit rate is the Sales Full-Time (SF) category. The employees retained in this category amount to 50%. Within this category however, 10% of the employees trans...
Following that, the Civil Rights Act of 1964 was proposed. Howard W. Smith added on Title VII as it is now known, which would make sex discrimination illegal. In fact, Smith was against the Civil Rights Act, and equal employment laws for women. He added Title VII to make it more likely that none of it would pass. He didn't want equal rights for everyone, and assumed that most of the House and Senate did not want women to have equal employment opportunities. His plan backfired however, and the Civil Rights Act of 1964 was passed, including Title VII which outlawed discrimination for many groups, one being sex.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Rights Act of 1964.” EEOC.gov. Title VII of the Civil Rights Act of 1964, n.d. Web. September 29 2011.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees because of their race, color, religion, sex or national origin. Religious Discrimination as part of the Civil Rights Act is the subject of this term paper.