Implications Of Title Vii Of The Civil Rights Act Of 1964 By A. Walker

6,669 views

Published on

Published in: Career
0 Comments
3 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
6,669
On SlideShare
0
From Embeds
0
Number of Embeds
5
Actions
Shares
0
Downloads
15
Comments
0
Likes
3
Embeds 0
No embeds

No notes for slide
  • Implications Of Title Vii Of The Civil Rights Act Of 1964 By A. Walker

    1. 1. Discrimination in the Workplace: The Implications of The 1964 Civil Rights Act and Title VII By Amanda L. Walker
    2. 2. Civil Rights Act of 1964 <ul><li>The Civil Rights Act of 1964 ( Pub.L. 88-352, 78  Stat.  241, July 2, 1964) was a landmark piece of legislation in the United States that outlawed racial segregation in schools, public places, and employment. Conceived to help African Americans, the bill was amended prior to passage to protect women, and explicitly included white people for the first time. It also created the Equal Employment Opportunity Commission. </li></ul>Retrieved on April 3, 2009 from http://en.wikipedia.org/
    3. 3. What is Title VII? <ul><li>“ Title VII, the federal law that prohibits most workplace harassment and discrimination covers all private employers, state and local governments, and educational institutions with 15 or more employees. In addition to prohibiting discrimination against workers because of race, color, national origin, religion, and sex, those protections have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees.” </li></ul>Evanson, K. (2006, 2006 Annual Review). TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. Georgetown Journal of Gender & the Law , 7 (3), 981-998. Retrieved April 7, 2009, from Academic Search Premier database.
    4. 4. Title VII now… <ul><li>“ Currently, Title VII doesn't include discriminate on the basis of sexual orientation. </li></ul><ul><li>However federal legislation adding sexual orientation as a protected class against discrimination, the Employment Non-Discrimination Act (ENDA), has been proposed in recent years and has been supported by many Democrats in Congress and President Barack Obama. </li></ul><ul><li>Many states have employment discrimination and harassment laws as well and may include even more protected classes – such as marital status and sexual orientation – than Title VII covers.” </li></ul>Evanson, K. (2006, 2006 Annual Review). TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. Georgetown Journal of Gender & the Law , 7 (3), 981-998. Retrieved April 7, 2009, from Academic Search Premier database.
    5. 5. Title VII challenged?? <ul><li>It cites the case of Glenn Morrison who was terminated from his work in the Office of Legislative Counsel when he announced his plan to turn into a woman. </li></ul><ul><li>Retired U.S. Army Special Operations colonel David Schroer was also terminated as terrorism analyst at the Library of Congress after he undergone a facial surgery and sex change to help him transform into a woman. </li></ul><ul><li>However, Title VII of the Civil Rights Act of 1964 forbids discrimination based of race, color, religion or national origin but it does not specifically include protection for transgender people. </li></ul>Persky, A. (2009, February). Free to Be. ABA Journal , 95 (2), 22-23. Retrieved April 3, 2009, from Legal Collection database.
    6. 6. Employment Discrimination
    7. 7. What is discrimination? <ul><li>“ Discrimination, for the purposes of employment law, is any workplace action such as hiring, firing, demoting, and promoting based on a prejudice of some kind that results in the unfair treatment of employees. With some notable exceptions, such as affirmative action, discrimination is strictly prohibited by a myriad of federal laws. Many states also have laws probhitiing discrimination and may be even stricter than federal laws.” </li></ul>Retrieved March 30,2009, from, http://www.hrhero.com/topics/discrimination.html
    8. 8. Employment Discrimination <ul><li>Types of Discrimination </li></ul><ul><ul><li>Disparate Treatment </li></ul></ul><ul><ul><li>Defendant discriminates overtly against all members of protected class. </li></ul></ul><ul><ul><li>Disparate Impact </li></ul></ul><ul><ul><li>Defendant’s apparently non-discriminatory practices result in disproportionately heavy impact on protected class. </li></ul></ul>Berger Parker, K. (2008, 2008 Special Issue). AMBIENT HARASSMENT UNDER TITLE VII: RECONSIDERING THE WORKPLACE ENVIRONMENT. Northwestern University Law Review , pp. 945,986. Retrieved April 7, 2009, from Academic Search Premier database.
    9. 9. Examples of Disparate Treatment and Impact Business and Society: Ethics and Stakeholder Management, 7e • Carroll & Buchholtz Copyright ©2009. Decision rules with a racial /sexual premise Intentional discrimination Prejudiced actions Unequal treatment Different standards for different groups Disparate Treatment Direct discrimination Decision rules with racial / sexual consequences Unintentional discrimination Neutral, color-blind actions Unequal consequences or results Same standards, but different consequences for different groups Disparate Impact Indirect discrimination
    10. 10. Age Discrimination in Employment Act of 1967 <ul><li>Applies to workers age 40 or older </li></ul><ul><li>Firm of 20 or more employees </li></ul><ul><li>Otherwise qualified for job </li></ul><ul><li>Termination raises interference of discrimination </li></ul>Evan Gold, M. (2004, January). Disparate Impact Under the Age Discrimination in Employment Act of 1967. Berkeley Journal of Employment & Labor Law , 25 (1), 1-86. Retrieved April 3, 2009, from Legal Collection database.
    11. 11. Age Discrimination Review of Research on Age Discrimination in the Employment Interview <ul><li>“ The passing of the Age Discrimination in Employment Act (ADEA) in 1967 has resulted in a wide variety of research into how age might impact decisions in the employment setting. </li></ul><ul><li>Study focuses on a subset of this research by reviewing the research literature on how applicant age might affect outcomes in the employment interview. </li></ul><ul><li>Results: Age stereotypes exist within the workplace (Sullivan and Duplaga 1997), but our review suggests that discrimination within the interview or during the evaluation of the interview may be explained by characteristics other than age.” </li></ul>Morgeson, F., Reider, M., Campion, M., & Bull, R. (2008, March). Review of Research on Age Discrimination in the Employment Interview. Journal of Business & Psychology, 22(3), 223-232. Retrieved March 30, 2009.
    12. 12. Age Discrimination- Interview Based Review of Research on Age Discrimination in the Employment Interview <ul><li>“ Both laboratory and field studies have found that job </li></ul><ul><li>related applicant information and job-applicant fit explain more variance in the prediction of hiring decisions than applicant age. </li></ul><ul><li>In conclusion, some people may think it is obvious that older applicants are discriminated against in the employment interview. It is probably true that stereotypes about older workers do exist and many of these stereotypes can be negative. </li></ul><ul><li>However, stereotypes do not always predict rater behaviors. So, even if raters possess negative stereotypes, this is not a sufficient reason to conclude that there will necessarily be age discrimination in employment interviews.” </li></ul>Morgeson, F., Reider, M., Campion, M., & Bull, R. (2008, March). Review of Research on Age Discrimination in the Employment Interview. Journal of Business & Psychology, 22(3), 223-232. Retrieved April 1, 2009.
    13. 13. Age Discrimination- Disparate Impact Disparate Impact Discrimination and the ADEA: Coming of Age <ul><li>“ Although the theory of disparate impact discrimination was not initially cognizable under Title VII, the Supreme Court in Griggs v. Duke Power Company 2 recognized its viability. </li></ul><ul><li>Prior to Griggs, individuals could only make a claim under Title VII if they could prove disparate treatment, which occurs when an employer intentionally treats members of a protected class less favorably because of their status in that class. </li></ul><ul><li>Disparate impact discrimination occurs when an employer's facially neutral employment practice adversely affects a person in a protected class, and that fact cannot be explained by business necessity.” </li></ul>1 Burke, D., & Wilson, L. (2005, March). Disparate Impact Discrimination and the ADEA: Coming of Age. Journal of Individual Employment Rights , 12 (2), 99-117. Retrieved April 3, 2009, from Legal Collection database. 2. Chase, T. (1972, Spring72). GRIGGS v. DUKE POWER COMPANY. EQUAL EMPLOYMENT OPPORTUNITY ACTIVITY. American Business Law Journal , 10 (1), 73. Retrieved April 3, 2009, from Legal Collection database
    14. 14. Age Discrimination- Disparate Impact Disparate Impact Discrimination and the ADEA: Coming of Age <ul><li>“ While disparate impact actions have been recognized under the Civil Rights Act since 1971, the circuit courts disagreed whether this theory of discrimination applied to the Age Discrimination in Employment Act. </li></ul><ul><li>This article examines the 2005 Supreme Court decision that recognized the ADEA authorizes recovery in disparate impact cases.” </li></ul><ul><li>In Part III of this decision, a plurality of the Court, consisting of Justices Stevens, Souter, Ginsburg, and Breyer, cited Griggs 2 for the proposition that Congress intended to address the consequences of employment practices, and not simply the motivation for those practices. </li></ul>1. Burke, D., & Wilson, L. (2005, March). Disparate Impact Discrimination and the ADEA: Coming of Age. Journal of Individual Employment Rights , 12 (2), 99-117. Retrieved April 3, 2009, from Legal Collection database. 2.Chase, T. (1972, Spring72). GRIGGS v. DUKE POWER COMPANY. EQUAL EMPLOYMENT OPPORTUNITY ACTIVITY. American Business Law Journal , 10 (1), 73. Retrieved April 3, 2009, from Legal Collection database
    15. 15. Age Discrimination- Disparate Impact Disparate Impact Discrimination and the ADEA: Coming of Age <ul><li>“ The court explained that the ADEA makes it unlawful for an employer “to limit . . . his employees” (plural) “in anyway that would deprive or tend to deprive any individual” (singular) “of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age.” </li></ul><ul><li>The Court observed that there can be an incongruity between the employer’s actions, which are focused on his employees generally, and the individual employee who adversely suffers because of those actions.” </li></ul><ul><ul><li>“ Thus, an employer who classifies his employees without respect to age may still be liable under the terms of this paragraph if such classification adversely affects the employee because of that employee’s age—the very definition of disparate impact” [30, p. 14, n. 6].” </li></ul></ul>1. Burke, D., & Wilson, L. (2005, March). Disparate Impact Discrimination and the ADEA: Coming of Age. Journal of Individual Employment Rights , 12 (2), 99-117. Retrieved April 3, 2009, from Legal Collection database. 2.Chase, T. (1972, Spring72). GRIGGS v. DUKE POWER COMPANY. EQUAL EMPLOYMENT OPPORTUNITY ACTIVITY. American Business Law Journal , 10 (1), 73. Retrieved April 3, 2009, from Legal Collection database
    16. 16. Gender Discrimination in the Workplace <ul><li>Protection against gender-based discrimination extends to all aspects of employment, including hiring, firing, pay, pensions, conditions of employment, and promotions . </li></ul><ul><li>The law specifically mandates that each sex receive equal pay for equal work, which is defined as work requiring substantially the same skill, effort, or degree of responsibility. </li></ul>Retrieved on April 3, 2009 from http://www.mypersonnelfile.com/di_gender.php
    17. 17. Gender Discrimination and Title VII <ul><li>Title VII's broad provisions against sex discrimination specifically covers: </li></ul><ul><ul><li>Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment . (The &quot;hostile environment&quot; standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability .) </li></ul></ul><ul><ul><li>Pregnancy-Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions. </li></ul></ul>Retrieved on April 3, 2009 from http://en.wikipedia.org
    18. 18. Gender Discrimination- Sample case The Legal Case of Shyamala Rajender. <ul><li>“ In the 1970s optimism among academic women was high as changing US policies on sex discrimination in the workplace , including higher education, seemed to promise equity. </li></ul><ul><li>Shyamala Rajender charged the University of Minnesota with sex discrimination when it failed to consider her for a tenure-track position. </li></ul><ul><li>The widely cited case of this chemist was not, however, settled easily and involved nearly a decade of university grievance procedures and litigation that grew to a class action lawsuit.” </li></ul>KOHLSTEDT, S., & FISCHER, S. (2009, January). Unstable Networks Among Women in Academe: The Legal Case of Shyamala Rajender. Centaurus , 51 (1), 37-62. Retrieved April 6, 2009.
    19. 19. Gender Discrimination- Case Unstable Networks Among Women in Academe: The Legal Case of Shyamala Rajender. <ul><li>“ As the case gained national attention and internal resistance stiffened, the clusters of women who had been encouraging flickered, faded and sometimes regrouped. </li></ul><ul><li>A negotiated settlement (consent decree) ended Rajender’s case, and it opened the door for hundreds of others to present their grievances regarding gender discrimination . </li></ul><ul><li>The Rajender case thus exposes the painful, balky and inevitably contentious process of fighting discrimination . It also demonstrates the power and limits of institutions and litigation, as well as the possibilities and disappointments of informal and formal women’s networks.” </li></ul>KOHLSTEDT, S., & FISCHER, S. (2009, January). Unstable Networks Among Women in Academe: The Legal Case of Shyamala Rajender. Centaurus , 51 (1), 37-62. Retrieved April 6, 2009.
    20. 20. Race Discrimination <ul><li>Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race and color. </li></ul><ul><li>Same principles of harassment apply </li></ul><ul><li>Must create “hostile work environment” to a reasonable person in that person’s shoes </li></ul><ul><li>Third Party Harassment </li></ul>
    21. 21. Example of Racial Discrimination <ul><li>Jordan v. City of Cleveland , No. 04-3389 (6 th Cir. O7/06/2006) </li></ul><ul><li>Workforce did not reflect local population </li></ul><ul><li>Very few Black Assistant Chiefs, Battalion, Fire Captains or Lieutenants </li></ul><ul><li>White Fire Fighters labeled the station house where most Blacks were stationed as “Monkey Island” </li></ul>
    22. 22. Racial Harassment Occurs When… <ul><li>The supervisor refuses to promote an employee based on their race. </li></ul><ul><li>Co-workers make disparaging remarks about someone’s race. </li></ul><ul><li>Both of the above. </li></ul>
    23. 23. Law Regarding Religious Discrimination in the Workplace <ul><li>For governmental employers, the First Amendment's Free Exercise Clause forbids the adoption of laws designed to suppress religious beliefs or practices, unless a narrowly tailored, compelling interest or a religion-neutral policy </li></ul><ul><li>Title VII makes it unlawful to discriminate against an employee &quot;with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion , sex or national origin .&quot; 42 U.S.C. §2000e-2(a)(1). </li></ul>42 U.S.C. §2000e-2(a)(1).
    24. 24. EEOC Charges Alleging Religious Discrimination The U.S. Equal Employment Opportunity Commission, Religion Based Charges FY 2004
    25. 25. Religious Discrimination <ul><li>In 2004, EEOC received 2,466 charges of religious discrimination. EEOC resolved 2,676 religious discrimination charges and recovered $6.0 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). </li></ul>The U.S. Equal Employment Opportunity Commission, Religion Based Charges FY 2004
    26. 26. What are an Employer's Obligations? <ul><li>Under Title VII, Employer cannot discriminate against an employee because of religious observance and practice, unless an employer demonstrates that it is unable to reasonably accommodate the observance or practice without undue hardship </li></ul><ul><li>To pass muster under the Free Exercise Clause, the governmental employer's policy or practice must be religion neutral and of general applicability </li></ul>
    27. 27. Religious Discrimination: Case Study Cook v. Cub Foods, 99 F.Supp.2d 945 (N.D. Ill. 2000) Cook v. Cub Foods, 99 F.Supp.2d 945 (N.D. Ill. 2000)
    28. 28. Religious Discrimination: Case Study <ul><li>Cook v. Cub Foods, 99 F.Supp.2d 945 (N.D. Ill. 2000). </li></ul><ul><ul><li>Lutheran employed as store maintenance manager claimed store manager maintained a religiously hostile work environment </li></ul></ul><ul><ul><li>Twice played &quot;Satanic death metal&quot; music over loudspeakers </li></ul></ul><ul><ul><li>Posted pictures from characters out of Dungeons and Dragons </li></ul></ul><ul><ul><li>Particular character, &quot;Lord Soth – had an evil look in his eyes&quot; </li></ul></ul>Cook v. Cub Foods, 99 F.Supp.2d 945 (N.D. Ill. 2000)
    29. 29. Discrimination… Sexual harassment? <ul><li>The Equal Employment Opportunity Commission is the federal agency responsible for enforcing Title VII. </li></ul><ul><li>“ The EEOC Guidelines, 29 C.F.R. Section 1604.11, provide the following definition of sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.” </li></ul>Retrieved March 30, 2009, from, www.eeoc.gov .
    30. 30. Short Video on Sexual Harassment <ul><li>Example Video– Warning** Explicit Language </li></ul><ul><ul><li>Video Clip </li></ul></ul>Electronic Video- www.youtube.com/watch?v=RPBh_PqkHlc . Retrieved on April 4, 2009.
    31. 31. Harassament in the Workplace…humor
    32. 32. Types of Sexual Harassment <ul><li>QUID PRO QUO HARASSMENT </li></ul><ul><li>Blatant </li></ul><ul><li>Example: </li></ul><ul><li>A supervisor demands sexual favors in return for better treatment of a subordinate, or threatens the subordinate with firing, demotion, or transfer unless sexual favors are given. </li></ul>Berger Parker, K. (2008, 2008 Special Issue). AMBIENT HARASSMENT UNDER TITLE VII: RECONSIDERING THE WORKPLACE ENVIRONMENT. Northwestern University Law Review , pp. 945,986. Retrieved April 7, 2009, from Academic Search Premier database.
    33. 33. Types of Sexual Harassment <ul><li>HOSTILE ENVIRONMENT HARASSMENT </li></ul><ul><li>Less obvious, but often the foundation for charges of sexual harassment. </li></ul><ul><li>Example: </li></ul><ul><li>If behavior of a sexual nature creates an offending, intimidating, or hostile work environment for another employee, it is sexual harassment. </li></ul>Berger Parker, K. (2008, 2008 Special Issue). AMBIENT HARASSMENT UNDER TITLE VII: RECONSIDERING THE WORKPLACE ENVIRONMENT. Northwestern University Law Review , pp. 945,986. Retrieved April 7, 2009, from Academic Search Premier database.
    34. 34. Other Types of Harassment <ul><li>SAME-SEX HARASSMENT </li></ul><ul><li>Male harassment on another male, or female harassment on another female. </li></ul><ul><li>In 1998 the Supreme Court stated that same-sex harassment is illegal and will not be tolerated. </li></ul>STATE REGULATION OF SEXUAL HARASSMENT. (2007, 2007 Annual Review). Georgetown Journal of Gender & the Law , Retrieved April 7, 2009, from Academic Search Premier database.
    35. 35. Other Types of Harassment <ul><li>NON-EMPLOYEE HARASSMENT </li></ul><ul><li>Sexual harassment O-T-J by a non-employee, e.g. Vendors, Customers or Visitors is NOT excusable behavior. </li></ul><ul><li>Harassment O-T-J by a non-employee CAN lead to sexual harassment charges, just as sexual harassment by an employee would. </li></ul>STATE REGULATION OF SEXUAL HARASSMENT. (2007, 2007 Annual Review). Georgetown Journal of Gender & the Law , Retrieved April 7, 2009, from Academic Search Premier database.
    36. 36. OtherTypes of Harassment <ul><li>THIRD-PARTY HARASSMENT </li></ul><ul><li>Behavior not found offensive by some employees can facilitate an offensive environment for other employees. </li></ul><ul><li>Example: </li></ul><ul><li>A group of employees talking about each other’s sex lives in the presence of another person who feels very uncomfortable about such discussion. </li></ul>STATE REGULATION OF SEXUAL HARASSMENT. (2007, 2007 Annual Review). Georgetown Journal of Gender & the Law , Retrieved April 7, 2009, from Academic Search Premier database.

    ×