Title VII And The Ada Cover example essay topic

Employment Law MGT. 434 Dan Cone Pamela Jones Facilitator September 22, 2003 Introduction The first paragraph of the 14th Amendment to the United States Constitution reads, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" (1). Conceived in 1868 to address the discrimination of black people, the 14th Amendment provided the foundation to build a country where all people were truly created and treated equally.

For most of the next hundred years, discrimination overshadowed the 14th amendment's ideology. There were laws regulating the separation of blacks and whites in every facet of life, from birth to death. In 1964, Congress passed the Civil Rights Act, which created a legal basis for nondiscrimination in housing, education, public accommodations, federally assisted programs, and employment. This paper specifically addressed Title VII, the employment section of this act, which looks at the evolution of Title VII, who is covered and not covered under Title VII, the impact of Title VII on the workplace, and the policies companies should have in place to avoid potentially costly Title VII violations. Title VII Evolution With the passage of Title VII, the door was opened to legally prohibiting job discrimination and creating expectations of fairness in employment (Anderson & Hartman, 2001, p. 65).

In a free market system, where having a good job will have a significant impact on any person's pursuit of life, liberty, and justice, Title VII quickly became the arbiter under the new Civil Rights Legislation... As John Kennedy said when he introduced the legislation to Congress in 1963, "There is little value in a Negro's obtaining the right to be admitted to hotels and restaurants if he has no cash in his pockets or a job" (Anderson, p. 65). With the implications that jobs would have on the overall effectiveness of the Civil Rights objective, the wording in Title VII was designed to address all parties subjected to employment discrimination. Though President Kennedy singled out Negro's in his speech for job discrimination, the fact was that many people, including whites, were subjected to a variety of employment discriminations.

Since Title VII prohibits discrimination in hiring, firing, training, promotion, discipline, or other workplace decision on the basis of race, color, gender, national origin, or religion, the statute permitted all United States citizens the legal right to due process concerning employment. Who is Protected Under Title VII? Title VII and the ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations. The EPA covers all employers who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act).

Virtually all employers are subject to the provisions of this Act. Title VII, the ADEA, and the EPA also cover the federal government. In addition, the federal government is covered by Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, which incorporate the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred (3). Exemptions to Title VII are limited.

Exemptions include businesses operated in or around Native American Indians reservations, someone who is a member of the Communist party or other organization required to register as a Communist-action or Communist -front organization. The laws permit religious institutions and associations to discriminate when performing their activites (Alexander, p. 69). Impact of Title VII in the Workplace To ensure compliance with the prohibitions in federal regulation, Title VII established the Equal Employment Opportunity Commission (EEOC) and charged it with the administration of the act. The EEOC began operating on July 2, 1965. The EEOC enforces the following federal statutes: .