Discrimination and Civil Rights Act Essay
Individual Paper Assignment Workshop 5 May 7, 2013 There are several types of discrimination which all can be categorized under the Title VII of the Civil Rights Act of 1964 - Discrimination and Civil Rights Act Essay introduction. Title VII of the Civil Rights Act of 1964 and the amendments that coincide, prohibits job discrimination against employees, applicants, and union members on the primary basis that race, color, national origin, religion and gender at any stage of employment. The basis that underlines discrimination is the EECO, which is the Equal Employment Opportunity Commission.
In order to pursue any type of discrimination you must first submit a claim with the EEO before bringing a suit against any employer. EEOC will then take this suit and investigate the dispute trying to obtain the parties consent to an out-of-court settlement. If both parties cannot agree to this, If nothing can be agreed upon then the EEOC does have the opportunity to file suit against the employer on the employees behalf. The EEOC does not investigate each claim it is typically on the cases, which would be considered “priority cases”.
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Intentional Discrimination is also prohibited under Title VII. Intentional Discrimination is by an employer against an employee who is a member of a type of protected class known as disparate-treatment discrimination. Intent is not always easy to prove for example if a woman applies for employment with a construction firm and is rejected, she could then sue on the basis of disparate-treatment discrimination during the hiring process.
There are certain qualifications that she may have to follow in order to sue such as being a member of a protected class or if she applied and was qualified for the job, also if she was rejected by the employer and if the employer continued to seek applicants for the position with a person not in a protected class. Through a case such as this, there is always the burden of proof. If the plaintiff meets the criteria acceptable for her defense then the burden shifts to the employer-defendant.
The employer must show that the reason is not true and that discrimination was not intentional. Another main topic up for discussion in many cases is discrimination based on race, color, and national origin. Title VII prohibits employers from discriminating against employees based on color, race or national origin. I found it interesting that there are situations titled reverse discrimination where in some cases there may discrimination against “ majority” individuals such as white men.
There is also discrimination against certain religions. Employers cannot treat their employers more of less favorably based on the type of religion an employee may believe in. Gender was another type of discrimination, which seems to be popular which is under the Title VII as well. Employers cannot have separate male and female seniority lists or refuse to promote certain employees based on gender.
There are several other types of discrimination under the Title VII that were not listed in this paper but without Title Vii being enforced, discrimination could ruin several places of employment as well as the morality of all individuals involved. It is easy to see that through race, color, gender, religion, and several other differences between each individual, set laws have must be enforced to protect each and every individual in very different and complex ways.