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Discrimination under Title Vii Civil rights - Essay Example

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Summary
Title VII Civil Rights Act of 1964 is commonly referred to as the Equal Employment Opportunity Act or the Equal Opportunity Act. This specific piece of legislation names the qualities that cannot be discriminated about in the workplace such as race, national origin, color, religion and gender…
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Discrimination under Title Vii Civil rights
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ring and firing; 2) compensation, assignment, or classification of employees; 3) transfer, promotion, layoff, or recall; 4) job advertisements; 5) recruitment; 6) testing; 7) use of company facilities; 8) training and apprenticeship programs; 9) fringe benefits; 10) pay, retirement plans, and disability leave; or 11) other terms and conditions of employment.9 Discriminatory practices under these laws also include: a) harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age; b) retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices; c) employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; and d) denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.

Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group. 10 The Equal Employment Opportunity Commission is the agency tasked to enforce this law. It is empowered to prevent any person from engaging in any unlawful employment practice as set forth in section 2000e-2 or 2000e-3 of this title [section 703 or 704]. 11 Whenever a charge is filed by or on behalf of a person claiming to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization, or joint labor­-management.

Discrimination under Title Vii Civil rights The Title VII Civil Rights Act also makes sexual harassment in the workplace illegal.3 In the simplest terms, Title VII prohibits employers from making employment related decisions where the decision is motivated by a person’s protected trait.  Thus, for example, an employer may be sued for favoring a white employee over a black employee because of race or color.4 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.5 This law protects employees of a company as well as job applicants. 6 Before the Civil Rights Act of 1964 was passed an employer could reject a job applicant because of his or her race, religion, sex or national origin.

This Law however admits some exception. An employer is allowed to discriminate against an applicant or employee where the decision rests on a “bona fide occupational qualification” or BFOQ. This means that an employer can favor one person over another where the person’s trait is of essence to the performance of the job duties in question. The most notable example is hiring a female for modeling women’s clothing.

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